Where abortion laws stand in all 50 states over two months post-Dobbs

Several more states are engulfed in legal challenges preventing abortion laws on the books from going into effect, including North Dakota and Utah. A judge in North Dakota has blocked a state law that would ban abortions in most circumstances from taking effect while a legal challenge posed by the state’s sole abortion clinic plays out.

Meanwhile, some Democratic-led states have taken steps to enshrine the right to abortion in their constitutions and devoted extra state funds toward expanding access to the procedure. New Mexico Gov. Michelle Lujan Grisham (D) signed an executive order last month allocating $10 million in state funds toward opening a new abortion clinic in a county bordering Texas.

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Here is an overview of where all 50 states and Washington, D.C., currently stand on abortion:

Alabama

Alabama passed the Human Life Protection Act in 2019, which went into effect in June after the Supreme Court decision. The law makes it a felony for anyone to perform an abortion unless the mother’s life is at serious risk.

Alaska

The Alaska Supreme Court recognized in 1997 that “reproductive choice” is protected under the state constitution. Despite Republicans maintaining political control in the state, no efforts to restrict abortion access in the Last Frontier have been successful.

Arizona

Arizona Gov. Doug Ducey (R) signed a law this year that criminalizes performing an abortion after 15 weeks of pregnancy that is set to go into effect on Sept. 24. Exceptions are permitted to “save the life or to preserve the physical health of the mother.” The state also had restrictions on abortion that were voided due to the precedent set under Roe, including a 1901 law that bans abortions without exceptions for rape or incest.

Arizona Assistant Attorney General Beau Roysden argued in state court last month that the 1901 law should go into effect. A judge is expected to issue a ruling on the matter after Sept. 20. If an injunction on the law is lifted and it goes into effect, it will likely take precedence over the 15-week abortion law.

Arkansas

Arkansas is one of several states that had a “trigger” law on the books, meaning one that went into effect after the Supreme Court’s decision. Under Act 180, first passed in 2019, abortions are prohibited in most circumstances except in cases in which the mother’s life is in danger. Additionally, it makes performing the procedure a felony.

California

Abortion is protected under California law. Gov. Gavin Newsom (D) signed legislation in June aimed at protecting those in the state from “civil liability for providing, aiding, or receiving abortion care in the state.” Voters in the state will also be voting on an amendment to the California Constitution in November that would enshrine the right to abortion in the Golden State.

Colorado

The Reproductive Health Equity Act enacted in April guarantees the right to abortion in Colorado and blocks public entities from infringing on that right. Gov. Jared Polis (D) signed an executive order in July shielding those providing or receiving an abortion in Colorado from other state laws.

Connecticut

Abortion is legal in Connecticut until viability, a stage of the pregnancy in which the fetus is considered to have developed enough to survive outside of the womb, which is typically around 24 to 26 weeks of pregnancy. Gov. Ned Lamont (D) signed a bill in May that provides safeguards for out-of-state patients receiving abortions, preventing state and local entities from cooperating with investigations from other states.

Delaware

Delaware has had a state law in effect since 2017 protecting a person’s right to access an abortion until viability, with additional allowances if the mother’s health or life is at risk. Gov. John Carney (D) signed a bill in June allowing licensed physician assistants, certified nurse practitioners, and midwives to perform abortions.

Washington, D.C.

The nation’s capital has some of the least restrictive abortion laws in the country. Abortion is currently legal at all stages of pregnancy, and mothers under 18 do not need parental permission to receive the procedure. The Democratic-controlled D.C. Council passed a law in 2017 that made it illegal to discriminate against health providers who perform or support abortions.

Some Washington politicians have voiced concerns that the federal government could step in to restrict access to the procedure in the future, though no such efforts have been made to date.

Florida

Florida’s 15-week abortion ban went into effect in July despite court challenges by health providers that argued the state constitution guaranteed the right to the procedure. The law prohibits abortion after 15 weeks of pregnancy with limited exceptions in case of threat to the mother’s life or to prevent severe injury.

Georgia

Abortion is legal in Georgia until a fetal heartbeat is detected, which is typically around six weeks of pregnancy, after the 11th U.S. Circuit Court of Appeals ruled in July that the 2019 law should be put into place immediately. Exceptions to the law include cases of rape, incest, and a threat to the life of the mother or “irreversible physical impairment.”

Hawaii

Abortion is legal in Hawaii until viability. Last year, Gov. David Ige (D) signed a bill into law allowing advanced practice registered nurses to prescribe abortion pills to patients and perform aspiration abortions.

Idaho

Idaho’s trigger ban went into effect after the Supreme Court’s ruling, prohibiting abortion in most circumstances except for rape, incest, or to save the mother’s life. A federal judge sided with the Justice Department in August, ruling that doctors could not be punished for performing abortions necessary in the face of medical emergencies.

Illinois

Abortion is legal and declared a “fundamental right” in Illinois under legislation signed in 2019. The Illinois Supreme Court has affirmed the right to an abortion under the state constitution.

Indiana

Indiana’s near-total abortion ban is set to go into effect Sept. 15, prohibiting abortions except in cases of rape, incest, fatal fetal anomaly, or a serious risk to the health or life of the mother. Abortion in cases of rape or incest is permitted up to 10 weeks of pregnancy; in cases of fatal fetal anomaly, the procedure is allowed up to 20 weeks.

Iowa

Abortion is still legal in Iowa up to 20 weeks of pregnancy, though Gov. Kim Reynolds (R) has asked a state court to revive a 2018 law banning most abortions after a fetal heartbeat is detected that was blocked under the precedent set in Roe. The heartbeat law includes exceptions in cases of medical emergencies, fetal abnormalities, rape, and incest.

Kansas

The Kansas Supreme Court ruled in 2019 that women have a constitutional right to obtain an abortion in the state. Residents voted last month to reject a ballot measure that would have amended the state constitution to remove the right to an abortion. Abortion is restricted after 22 weeks of pregnancy in the state unless the mother’s life is in danger.

Kentucky

A Kentucky appellate judge last month reinstated the state’s near-total abortion ban that makes the procedure illegal unless the mother’s life is at risk of death or serious injury. Health providers could face up to five years in prison for performing an abortion.

Louisiana

Abortion is prohibited in Louisiana with limited exceptions, including to save a mother’s life, to prevent serious risk to a mother’s physical health, or if the fetus is not expected to survive the pregnancy.

Maine

Abortion access is protected under Maine law. The state legislature and governor’s office are currently controlled by Democrats. In 2019, Maine became the second state to implement a law permitting medical professionals who are not doctors to perform abortions.

Maryland

Abortion is legal until viability under Maryland law.

Massachusetts

The Massachusetts Supreme Judicial Court has recognized the right to an abortion under the state constitution. Abortions are legal until 24 weeks of pregnancy and may be performed past that if the mother’s life is in danger or if there is a deadly fetal anomaly. In 2020, the legislature overrode Gov. Charlie Baker’s (R) veto of the ROE Act, allowing 16- and 17-year-olds to receive abortions without parental consent.

Michigan

Abortion is currently legal in Michigan until viability, though a legal fight is underway to enforce a pre-Roe law from the 1930s that makes performing the procedure a felony in most cases. A judge ruled this month that the 1931 abortion law violated the Michigan Constitution. It’s unclear if the decision will be appealed by the Republican-controlled legislature.

Michigan’s voters will decide this November if an amendment should be added to the state constitution stipulating a person’s right to reproductive freedom, which cannot be denied or infringed on without a compelling state interest achieved by less restrictive means.

Minnesota

The Minnesota Supreme Court determined in 1995 in the case of Doe v. Gomez that the state constitution protects the right to abortion. In response to neighboring states adopting restrictive abortion laws, Gov. Tim Walz (D) pledged to be a “firewall” defending the procedure. In June, Walz signed an executive order to help protect people seeking or providing an abortion in Minnesota.

Mississippi

Mississippi has enacted a trigger ban prohibiting abortions unless the mother’s life is in danger or in cases of rape reported to law enforcement.

A state law passed in 2018 restricting most abortions after 15 weeks was also the root of the Dobbs v. Jackson Women’s Health Organization case, which resulted in the overturning of Roe. Mississippi’s last standing abortion clinic, Jackson Women’s Health, closed its doors after the Supreme Court decision.

Missouri

Missouri also had a trigger ban that went into effect after the Dobbs decision, making it a felony to perform most abortions in the state. Exceptions are allowed if the mother’s life is threatened or is in danger of severe, irreversible bodily impairment.

Montana

Abortions are legal in Montana until viability except to save the life or health of the mother, affirmed by the state Supreme Court’s 1999 Armstrong v. State decision that determined the Montana Constitution guarantees a woman’s right to abortion.

The state will also vote on a legislative referendum this November asking voters to adopt the Born-Alive Infant Protection Act, which, if passed, would impose criminal penalties on healthcare providers who do not take all “medically appropriate and reasonable” actions to preserve infants’ lives. The term “born alive” refers to an infant who “has a beating heart, or has definite movement of voluntary muscles” after “expulsion or extraction” from the mother as a result of natural or induced labor, cesarean section, induced abortion, or another method, according to the act.

If the “yes” referendum wins, the act will go into effect on Jan. 1, 2023, and providers that violate the law will be subject to up to 20 years in prison and/or a fine of up to $50,000.

Nebraska

Abortions are legal in Nebraska until 20 weeks of pregnancy. The Cornhusker State’s legislature failed to clear a trigger abortion ban earlier this year that would have further limited access to the procedure.

Nevada

A woman’s right to an abortion in Nevada was enshrined by a statute into state law during a referendum in the 1990s, shielding residents from any policy that would ban the procedure without a direct vote by the people. In 2019, the Trust Nevada Women Act decriminalized medicated abortions and removed barriers to accessing reproductive healthcare, including informed consent laws.

New Hampshire

Abortions in New Hampshire are allowed up until 24 weeks of pregnancy, with further allowances for fatal fetal diagnoses and if the mother’s life is at risk. The state requires parents of those under 18 years old seeking an abortion to be notified of the would-be recipient’s decision 48 hours before the abortion.

New Jersey

In January, Gov. Phil Murphy (D) signed a bill into effect codifying abortion rights into New Jersey law and has vowed to make the state a “sanctuary” for those seeking access to the procedure. The state only has limited restrictions for abortion in place, including requiring the procedure to be performed at a licensed hospital after the 14th week of pregnancy.

New Mexico

Abortion is currently legal in New Mexico through all stages of pregnancy. Grisham signed an executive order last month directing funds toward building an abortion clinic in Dona Ana County.

New York

In 2019, then-Gov. Andrew Cuomo (D) signed the Reproductive Health Act into law, codifying abortion rights in New York. The law explicitly grants a right to an abortion when “the patient is within twenty-four weeks from the commencement of pregnancy, or there is an absence of fetal viability, or the abortion is necessary to protect the patient’s life or health.”

North Carolina

Abortions are legal until 20 weeks of pregnancy in North Carolina after a federal judge reinstated a 2019 law last month that had been voided under the prior precedent. Republicans control both chambers of the state legislature, though Gov. Roy Cooper (D) has vetoed a slew of anti-abortion legislation.

North Dakota

North Dakota currently allows abortions up until 20 weeks of pregnancy. A trigger law set to go into effect last month that would make it a felony to perform an abortion with some limited exceptions was blocked by a state judge. Judge Bruce Romanick of the South Central Judicial District in Burleigh County allowed for a preliminary injunction to stay in place while the challenge to the law played out in court.

Ohio

Abortions in Ohio are illegal after a fetal heartbeat is detected except in cases of life endangerment or severely compromised physical health. The 2019 law signed by Gov. Mike DeWine (R) took effect after the Supreme Court decision.

Oklahoma

Oklahoma has one of the nation’s most restrictive abortion laws, banning most abortions beginning at conception with exceptions for saving the “life of a pregnant woman in a medical emergency,” rape, sexual assault, or incest. Another bill signed in April made illegally performing the procedure a felony punishable by up to 10 years in prison and up to $100,000 in fines.

Oregon

Abortion is legal at all stages of pregnancy in Oregon. In 2017, the state codified abortion protections with the Reproductive Health Equity Act of 2017. Oregon’s legislature has also allocated $15 million to expand access to abortion, including helping patients obtain abortion services through financial help with travel and lodging.

Pennsylvania

Pennsylvania law limits abortions after 24 weeks of pregnancy with exceptions in instances of a threat to the health of the mother. Political power is divided in the state, with the state legislature controlled by Republicans but the governorship held by Democrat Tom Wolf, who has vowed to veto any abortion restrictions.

Rhode Island

In 2019, then-Gov. Gina Raimondo (D) signed the Reproductive Privacy Act, protecting abortion in Rhode Island. The measure prohibits the state from restricting “an individual person from preventing, commencing, continuing, or terminating that individual’s pregnancy prior to fetal viability.”

South Carolina

Abortion is legal until 21 weeks of pregnancy in South Carolina. The legislature is working on amending the state’s abortion law to restrict access to the procedure after six weeks, only allowing limited exceptions past that period, including in cases of rape, incest, danger to the mother’s life, or fatal fetal anomalies.

South Dakota

South Dakota’s trigger ban went into effect after the Dobbs Supreme Court decision. It was passed in 2005, prohibiting abortions except in cases of life endangerment. Anyone who “performs, procures or advises” an abortion is guilty of a felony.

Tennessee

Most abortions in Tennessee are banned once a fetal heartbeat is detected unless to prevent serious injury or death of the mother.

Texas

A number of abortion bans in Texas have now gone into effect, criminalizing performing an abortion from the moment of fertilization unless the mother is facing a life-threatening physical condition “aggravated by, caused by, or arising from a pregnancy.” Performing an abortion in the state is a felony punishable by up to life in prison.

Texas District Judge James Wesley Hendrix has also ruled that guidance from the Biden administration requiring hospitals to perform emergency abortions is unauthorized, siding with state Attorney General Ken Paxton. The federal government is likely to appeal the decision.

Utah

Utah prohibits abortion after 18 weeks of pregnancy. In July, a judge blocked Utah’s abortion trigger law that would ban all abortions except in rare circumstances involving incest or medical emergency from going into effect. District Judge Andrew Stone granted a request from the Planned Parenthood Association of Utah for a preliminary injunction until the constitutionality of the trigger ban is decided.

Vermont

In 2019, Vermont GOP Gov. Phil Scott signed the Freedom of Choice Act into effect, codifying a woman’s right to abortion into state law. In November, voters will consider whether to approve a state constitutional amendment that would protect a mother’s right to “personal reproductive autonomy.”

Virginia

Abortion is legal in Virginia until viability. After the Supreme Court’s Dobbs decision, Gov. Glenn Youngkin (R) signaled that he would move to ban abortions after 15 weeks, though that effort appears to be paused, with his spokeswoman telling the Virginia Mercury that the governor has “no plans at this time.”

Washington

Abortion is legal in Washington until viability. In 1991, Washington voters approved legislation codifying abortion protections and providing funding for low-income women who are seeking abortions. Gov. Jay Inslee (D) signed a bill in March expanding abortion protections, banning lawsuits against women seeking abortions in the state.

West Virginia

Abortion is legal in West Virginia until 22 weeks of pregnancy. The Republican-led legislature failed to come to a consensus on a more restrictive abortion law that would have banned abortions at any stage of pregnancy in July, though Republican Attorney General Patrick Morrisey has appealed to the courts to reinstitute an 1849 law criminalizing abortions that is currently blocked from going into effect.

In 2018, voters in West Virginia approved an amendment to the state constitution declaring that it is neutral on the issue of abortion, meaning that it neither guarantees nor jeopardizes a woman’s right to an abortion.

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Wisconsin

Wisconsin had a law on the books prior to Roe that makes performing an abortion a felony in most circumstances, though the Democratic governor and attorney general have filed a lawsuit to block the ban.

Wyoming

Abortion is legal in Wyoming until viability. A trigger ban signed by Gov. Mark Gordon (R) in March making abortions illegal in most instances is being temporarily blocked while a legal challenge plays out.