Status: Legal

Abortion is legal through all stages of pregnancy.

Status: Illegal

On May 2, 2024, Gov. Katie Hobbs signed legislation repealing the state's 1860s-era abortion ban. After the repeal goes into effect, the state will revert to the prior abortion law signed in 2022, which bans abortions after 15 weeks of pregnancy.

The 1864 abortion ban, which was enacted before Arizona became a state, was never repealed and went into effect after Roe v. Wade was overturned. In April 2024, the Arizona Supreme Court upheld the ban, prompting the state legislature to repeal the law. The ban prohibited almost all abortions and imposed jail time on physicians who performed them.

Status: Illegal

Attorney General Leslie Rutledge signed a trigger ban into law hours following the overturning of Roe v. Wade.

Status: Legal

On Nov. 8, voters ratified the right to an abortion in the state’s constitution

Status: Legal

Colorado requires parental notification for abortions in minors.

Status: Legal

Abortion is legal in the state up until fetal viability, or around 24-weeks of pregnancy. In April, the state passed an abortion rights bill strengthening abortion rights in the state.

Status: Legal

Abortion is legal in Delaware up to fetal viability, or around 24-weeks of pregnancy.

Status: Illegal

Abortion is illegal in Florida after six weeks of pregnancy since Gov. Ron DeSantis signed legislature into law on April 13. Previously, abortion was illegal in Florida after 15 weeks of pregnancy. 

Status: Illegal

Abortion is again illegal in Georgia after the State Supreme Court reinstated the state’s six-week abortion ban on Nov. 23. Days earlier, a district court judge had suspended the ban, arguing that the ban was unconstitutional when enacted in 2019 before the Supreme Court overturned Roe v. Wade. 

Status: Legal

Residents can have an abortion until around 24 weeks of pregnancy. It was the first state to allow abortion demand de jure in 1970.

Status: Illegal

Abortion is illegal in Idaho in nearly all circumstances after a trigger law went into effect in 2022. However, the Supreme Court ruled on June 27, 2024 that the state must allow providers to perform abortions during medical emergencies.

Idaho's ban — which does not contain exceptions for the health of the mother — has been the subject of litigation since August 2022. The Department of Justice sued the state, citing conflicts between the policy and the decades-old Emergency Medical Treatment and Labor Act, which requires hospitals to provide medical care to patients during emergencies.

Lower courts were conflicted on their assessment of the ban. A U.S. district court judge issued an injunction against part of the law, ruling that doctors could not be punished if they provided abortions during emergency care. However, the court allowed the wider ban to take effect.Idaho challenged the ruling in the 9th Circuit Court of Appeals, which blocked the ban from being implemented while litigation proceeded. The Supreme Court took up the case in January. 

Status: Legal

In June 2019, Gov. JB Pritzker signed the Reproductive Health Act into law, establishing abortion rights and repealing a previous 1975 state law that places a number of restrictions on abortion procedures.

Status: Illegal

Indiana’s ban ends most abortions in the state after after the Indiana Supreme Court on Aug. 21 denied to rehear a challenge to a near-total abortion ban brought by the American Civil Liberties Union of Indiana. The ban is formally set to take effect within days once the existing law is recertified.

In June 2023, the state Supreme Court ruled that the previously-passed abortion ban did not violate the state constitution. 

Indiana was the first state to make and pass an abortion bill after the fall of Roe v. Wade in June. The ban prohibits nearly all abortions after six weeks of pregnancy and has limited exceptions for rape, incest and fetal abnormalities.

Status: Illegal

Abortion is illegal in Iowa at around six weeks of pregnancy and later, after the state Supreme Court ruled on June 28, 2024, that a pending ban could take effect. The six-week ban replaces a prior law allowing abortion up to 20 weeks of pregnancy.

Abortions will be allowed in some cases rape, incest and to save the life of a pregnant patient.

Previous strategies to codify abortion rights into Iowa’s state constitution have failed. In 2018, the Iowa Supreme Court ruled abortion rights were protected by the state constitution, only for the decision to be overturned by the same court in 2022 following several Republican court appointments.

Status: Legal

In early August 2022, Kansas voters rejected a ballot referendum that would have nullified a state constitutional amendment enshrining abortion rights that was decided by the Kansas Supreme Court in 2019.

Status: Illegal

Abortion is illegal in Kentucky after a state court of appeals declared that the state’s trigger ban could go into effect while a lawsuit challenging the ban proceeds through court. Previously, abortion was temporarily legal in the state after a circuit court judge issued a temprary injunction against the trigger ban.

On Nov. 8, voters denied a measure that would have ensured the right to an abortion is not included in the state’s constitution.

Status: Illegal

Abortion is now illegal in Louisiana after an appelate court said that the state was allowed to enforce its trigger-abortion ban. It’s the latest in a flurry of abortion law changes in the state, where the abortion ban has been enforced and blocked three times following Roe’s overturning.

Status: Legal

A Maine law passed in 1979 and ammended in 1993 says that state policy allows abortion before viability, or around 24-weeks of pregnancy.

Status: Legal

Abortion is legal in Maryland due to a 1991 law legalizing abortion. 

Status: Legal

Massachusetts enshrined abortion rights into the state constitution and passed a comprehensive set of abortion rights legislation in 2021.

Status: Legal

Abortion is legal in Michigan after a judge struck down the state's 1931 abortion ban. The prior law had been blocked via an injunction since May 2022 and made all abortions illegal except in cases where it would save the life of the pregnant person.

In midterm elections on Nov. 8, 2022, voters ratified the right to an abortion in the state’s constitution.

In April, Gov. Gretchen Whitmer signed a law repealing the state’s 1931 abortion ban.

Status: Legal

Abortion is legal and was recognized as a right under Minnesota’s state constitution.

Status: Illegal

The 2007 trigger law makes abortion illegal excepting life-threatening emergencies and rape or incest. A rape or incest crime must be reported to law enforcement. Abortion criminal penalties include a maximum of 10 years in prison.

Status: Illegal

Abortion is illegal through a 2019 trigger ban with the exception of life-threatening pregnancies.

Status: Legal

Montana recognized the right to an abortion in the state’s constitution.

Status: Illegal

Abortion is illegal in Nebraska after 12 weeks of pregnancy, after Gov. Jim Pillen signed the ban into law May 22, 2023. The law, which also bans gender-affirming care for people younger than 19, includes exceptions for rape, incest and life-saving measures.

Status: Legal

Abortion rights were ratified in the state’s 2019 Trust Nevada Women Act.

Status: Legal

Abortion is legal in New Hampshire up until viability, or 24-weeks of pregnancy.

Status: Legal

Abortion is legal in New Jersey with no gestational limit. Abortion is also protected by state law and was recognized as a right under the New Jersey state constitution.

Status: Legal

New Mexico appealed its prior abortion bans in 2021. In June 2022, Gov. Lujan Grisham signed an executive order protecting providers from legal retribution, effectively making the state an abortion safe haven in the Southwest.

Status: Legal

Abortion is legal in New York and protected under state law.

Status: Illegal

On Aug. 18, a North Carolina district court judge allowed the state’s 20-week abortion ban to go into effect, lifting a previous injunction barring the ban.

In May 2023, Gov. Roy Cooper vetoed an abortion bill passed by the state legislature that would have banned the procedure after 12 weeks of pregnancy, calling it a “complicated and confusing monster bill.”
Days later, the Republican-controlled General Assembly overrode the governor’s veto. The new law, set to go into effect July 1, includes exceptions for rape and incest through 20 weeks of pregnancy. It also includes exceptions for “a life-limiting anomaly” through 24 weeks gestation.

Status: Illegal

Abortion is illegal in the state after Gov. Doug Burgum signed a near-total abortion ban into law on April 24 that bans the procedure at six weeks of pregnancy with exceptions for rape and incest.

Previously, the state supreme court had issued a preliminary injunction against the state’s existing trigger ban while legal challenges moved through the courts. The ban was set to go into effect Aug. 26, 2022, and made performing abortions a felony. 

Status: Legal

On Nov. 7, Ohio voters approved a constitutional amendment that enshrines access to abortion in the state up until fetal viability, or around 22 weeks to 24 weeks of pregnancy. The amendment supersedes the state's existing six-week abortion ban, which went into effect immediately after Roe v. Wade was overturned in June 2022.

An Ohio judge blocked the ban in October that year, allowing abortions to continue while the state's Supreme Court heard challenges to the law.

Status: Illegal

Abortion is illegal in Oklahoma through a 1910 near-total abortion ban, which makes prohibits the procedure except in life-threatening scenarios.

On May 31, 2023, the state Supreme Court ruled that two prior abortion bans were unconstitutional. One abortion ban, heightened punishment for performing abortions to a maximum of 10 years in prison and a $100,000 fine. 

Oklahoma first abortion ban passed in May 2022, making it the first state to ban the procedure while Roe v. Wade was still intact. The law mirrored Texas legislation, allowing civilians to sue people who aid and abet abortion procedures for up to $10,000.

Separately, in March 2023, the Oklahoma Supreme Court ruled that the state’s constitution protects the right to abortion if pregnancies threaten a mother’s life, and that doctors do not need to wait until an imminent emergency is present to perform an abortion.

Status: Legal

Oregon codified abortion rights into law in 2017, making the procedure legal through all stages of pregnancy. 

Status: Legal

Abortion is legal in Pennsylvania up to 24 weeks of pregnancy.

Status: Legal

The state codified abortion rights into law in 2019.

Status: Illegal

Abortion is illegal in South Carolina after the Supreme Court in August 2023 ruled to uphold a six-week abortion ban that was signed into law earlier in the year. Previously, a state judge had temporarily blocked the ban.

The law, which bans abortions with exceptions for rape, incest, medical emergencies and fatal fetal abnormalities, passed the state Senate after a bipartisan group of five women senators failed to block it, despite mounting a fillibuster. 

Status: Illegal

Abortion is illegal via a trigger ban passed in 2005, and criminalizes those who perform abortions with a class six felony.

Status: Illegal

Abortion is illegal in the state due to a trigger law that began in late August 2022. The law bans all abortions and criminalizes providers who provide abortion care, even if it’s to save the life of a pregnant person. In addition, the law provides an “affirmative defense” for doctors, meaning that doctors are not shielded from being charged criminally when providing any abortion, but have the burden of building a criminal defense after charges have been filed.

Status: Illegal

Nearly all abortions are illegal in Texas. On Aug. 25, the state added its third significant abortion ban, which makes abortion a felony pubishable to up to life in prison in addition to a civil penalty of at least $100,000 plus attorney’s fees.

The state pioneered a civil enforcement law in 2019, allowing private citizens to sue those who aid and abet abortion providers for up to $10,000.

In August, a Texas District Court Judge blocked guidance issued from the HHS in July that stated that doctors must provide emergency care to patients, regardless of state abortion bans, calling the guidance “unauthorized.” 

Status: Illegal

On March 15, Utah Gov. Spencer Cox signed new legislation outlawing abortions at clinics beginning in 2024, effectively moving all abortions to hospitals. Abortion is currently illegal in Utah after a prior ban went into effect in June, banning abortion at 18 weeks of pregnancy. 

Status: Legal

Abortion is legal in Vermont through all stages of pregnancy. 

In midterm elections on Nov. 8, voters passed a measure ratifying abortion rights into the state’s constitution.

Status: Legal

Abortion is legal in Virginia, but the state’s Republican Gov. Glenn Youngkin has announced that he will pursue an abortion ban after 15 weeks of pregnancy. 

Status: Legal

Washington allows abortions before fetal viability, or around 24-weeks of pregnancy. 

Status: Illegal

On Sept. 16, West Virginia Gov. Jim Justice signed the state’s near-total abortion ban into law. The ban, which went into effect immediately, has exceptions for rape, incest and life-saving measures. Previously, the state had a late 1800s-era law that totally banned abortion and criminalized abortion seekers and providers. 

Status: Legal but awaiting ban

Planned Parenthood announced on Sept. 14 it will resume offering abortions at two of its clinics in Wisconsin after a district judge earlier this summer ruled the prior 1849 ban outlawing the procedure did not apply to abortions in the state.

A lawsuit challenging the state ban continues in county court and is expected to eventually reach the state Supreme Court.

Abortions had been largely unavailable in the state after the U.S. Supreme Court overturned Roe v. Wade in June 2022. Abortion clinics stopped offering abortions after the 175-year-old law was interpreted as banning abortions in nearly all cases.

However, a Wisconsin district court judge in July ruled the state’s 1849 ban referred to attacks against a pregnant woman and did not apply to consensual medical abortions.

Status: Legal but awaiting ban

Abortion is legal in Wyoming after a county judge granted a preliminary injunction against a near-total abortion ban that went into effect March 19. The temporary injunction comes after Gov. Mark Gordon signed a law banning abortion bills beginning in July.