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Abortion Bans by State 2024
The landscape of abortion laws in the United States has been shaped by a complex history of legal battles, societal shifts, and political ideologies. Abortion bans, in various forms, have been a recurrent theme throughout this history, with significant developments occurring in different states over the years.
The origins of abortion bans can be traced back to the mid-19th century when states began enacting laws to restrict or prohibit abortion procedures. These early laws were often rooted in moral and religious beliefs, seeking to impose penalties on those who performed or sought abortions.
However, it wasn't until the landmark Supreme Court decision in Roe v. Wade in 1973 that the legality of abortion nationwide underwent a significant transformation. The ruling established a woman's constitutional right to abortion, striking down many existing state laws that criminalized the procedure.
Despite Roe v. Wade, efforts to restrict or ban abortion have persisted, leading to a wave of legislative activity at the state level. Some states have enacted trigger laws, which would automatically ban or restrict abortion in the event that Roe v. Wade is overturned or undermined.
Additionally, states have implemented a variety of restrictions on abortion access, including gestational limits, waiting periods, mandatory counseling, and parental involvement requirements. These restrictions have often been justified on grounds such as maternal health, fetal viability, or moral objections.
In recent years, there has been a resurgence of efforts to enact more stringent abortion bans, particularly targeting procedures later in pregnancy or in cases of fetal anomaly or maternal health risks. These efforts have sparked intense legal battles and public debates, highlighting the ongoing tension between reproductive rights and moral values in American society.
As the legal landscape continues to evolve, with new laws being proposed, challenged, and enacted, the issue of abortion remains deeply divisive, reflecting deeply held beliefs and values across the political spectrum.
All info accurate as of March 2023. However, abortion laws are currently in flux in several states, and could change rapidly depending upon current legislative sessions and/or the outcome of additional ongoing court proceedings.
State | Abortion Legality | Exceptions | Abortion Gestational Limit | Required Waiting Period | Mandatory Counseling | Mandatory Ultrasound | Consent Requirements for Minors | Notes |
|---|---|---|---|---|---|---|---|---|
| Alabama | Banned | Maternal health | ||||||
| Alaska | Legal | None | None | No | No | Parental involvement requirement is unenforced | ||
| Arizona | Restricted | Maternal health | 15 weeks of pregnancy | 24 hours | Yes | Yes | Parent, legal guardian or judge | Arizona's 15-week ban is in place after a state court blocked the near-total ban, originally passed ... |
| Arkansas | Banned | Maternal health | ||||||
| California | Legal | None | None | No | No | Parental involvement requirement is unenforced | ||
| Colorado | Legal | None | None | No | No | Notification of a parent or legal guardian, or consent from a judge | ||
| Connecticut | Legal | Fetal viability and during third trimester | None | No | No | Not required | ||
| Delaware | Legal | Fetal viability and during third trimester | None | No | No | Notification of a parent or legal guardian, or consent from a judge | ||
| Florida | Restricted | Maternal health, fetal anomaly if lethal | 15 weeks since last menstrual period | 24 hours | Yes | Yes | Consent of parent, legal guardian, or judge | Florida’s 15-week ban remains in effect after the state appealed a ruling that would have blocked it... |
| Georgia | Restricted | Rape and incest, maternal health, fetal anomaly if lethal | 6 weeks since last menstrual period | 24 hours | Yes | No | Notification of a parent or legal guardian, or consent from a judge | The state supreme court in November reinstated Georgia's 6-week ban on abortions.
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| Hawaii | Legal | Fetal viability | None | No | No | Not required | ||
| Idaho | Banned | Rape and incest, maternal health | ||||||
| Illinois | Legal | Fetal viability and during third trimester | None | No | No | Not required | ||
| Indiana | Pending | Rape and incest, maternal health, fetal anomaly if lethal | 20 weeks post-fertilization | 18 hours | Yes | Yes | Consent of parent, legal guardian, or judge | Indiana's abortion ban was temporarily blocked by a judge after going into effect on Sept. 15.
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| Iowa | Legal | 20 weeks post-fertilization and during third trimester | 24 hours | Yes | Must be offered | Notification of a parent or legal guardian, or consent from a judge | ||
| Kansas | Legal | 22 weeks since last menstrual period and at viability | 24 hours | Yes | No | Consent of both parents, legal guardian, or a judge | ||
| Kentucky | Banned | Maternal health | ||||||
| Louisiana | Banned | Maternal health | ||||||
| Maine | Legal | Fetal viability and during third trimester | None | No | No | Consent of parent, legal guardian, adult family member, or judge. However, providers can waive parental consent. | ||
| Maryland | Legal | Fetal viability, unless fetal anomaly is present or patient's health or life is at risk | None | No | No | Notification from a parent or legal guardian. However, providers can waive notice in certain instances | ||
| Massachusetts | Legal | 24 weeks since last menstrual period | None | No | No | Consent of parent, legal guardian, or judge if person is under 16 | ||
| Michigan | Legal | Fetal viability and during third trimester | 24 hours | Yes | No | Consent of parent, legal guardian, or judge | ||
| Minnesota | Legal | Fetal viability and during third trimester | 24 hours | Yes | No | Notification of a parent or legal guardian, or approval from a judge | ||
| Mississippi | Banned | Rape and incest, maternal health | ||||||
| Missouri | Banned | Maternal health | ||||||
| Montana | Legal | 20 weeks since last menstrual period and at viability | 24 hours (but not in effect) | Not in effect | Not in effect | Notification of a parent or legal guardian, or approval from a judge if person is under 16 | ||
| Nebraska | Legal | 20 weeks post-fertilization and at viability | 24 hours | Yes | Must be offered at least one hour before abortion | Consent of parent, legal guardian, or judge | ||
| Nevada | Legal | 24 weeks post-fertilization | None | No | No | Parental notification no longer required | ||
| New Hampshire | Legal | 24 weeks since last menstrual period | None | No | Yes, if 24 weeks past patient's last menstrual period | Notification of a parent or legal guardian, or consent from a judge | ||
| New Jersey | Legal | None | None | No | No | Notification of a parent or legal guardian | ||
| New Mexico | Legal | None | None | No | No | Not required | ||
| New York | Legal | 24 weeks post-fertilization, unless fetus is non-viable or patient's life, physical health, or maternal health is at risk | None | No | No | Not required | ||
| North Carolina | Legal | Fetal viability | 72 hours | Yes | No | Consent of parent, legal guardian, or judge | North Carolina has a pre-Roe ban that is not currently in effect.
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| North Dakota | Pending | Rape and incest, maternal health | 20 weeks post-fertilization | 24 hours | Yes | Must be offered | Consent of both parents, legal guardian, or a judge | North Dakota's trigger ban is temporarily blocked due to an ongoing lawsuit. The state's only pre-Do... |
| Ohio | Pending | Maternal health | 20 weeks post-fertilization | 24 hours | Yes | No | Consent of parent, legal guardian, or judge | Ohio's 6-week abortion ban has been temporarily blocked by a judge.
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| Oklahoma | Banned | Maternal health | ||||||
| Oregon | Legal | None | None | No | No | Not required | ||
| Pennsylvania | Legal | 24 weeks since last menstrual period | 24 hours | Yes | No | Consent of parent, legal guardian, or judge | ||
| Rhode Island | Legal | Fetal viability | None | No | No | Consent of parent, legal guardian, or judge | ||
| South Carolina | Restricted | Rape and incest, maternal health, fetal anomaly if lethal | 20 weeks since last menstrual period | 24 hours | Must be offered | Must be offered to view | Consent of parent, legal guardian, or judge | South Carolina's Supreme Court struck down a 6-week abortion ban. A 20-week ban still exists.
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| South Dakota | Banned | Maternal health | ||||||
| Tennessee | Banned | Abortion is a felony in Tennessee. However, state law allows an affirmative defense at trial for a p... | ||||||
| Texas | Banned | Maternal health | Texas has a pre-Roe ban that is now in effect, along with a 6-week ban. The state's trigger ban went... | |||||
| Utah | Pending | Rape and incest, maternal health, fetal anomaly if lethal | 18 weeks post-fertilization | 72 hours | Yes | No | Consent of both parents, legal guardian, or a judge | Utah's trigger law is on hold due to an ongoing lawsuit.
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| Vermont | Legal | None | None | No | No | Not required | ||
| Virginia | Legal | Fetal viability, Maternal or physical health at risk | None | No | No | Consent of parent, "authorized person," or judge | ||
| Washington | Legal | Fetal viability | None | No | No | Not required | ||
| West Virginia | Banned | Rape and incest (w/ caveats), maternal health, ectopic pregnancy, non-viable fetus | Adults (in cases of rape or incest): 8 weeks and law enforcement must be involved, Minors: 14 weeks and a physician must be involved | West Virginia enacted a bill Sept. 16, 2022 banning abortion with few exceptions. | ||||
| Wisconsin | Banned | Maternal health | The status of Wisconsin's pre-Roe ban is unclear and abortion is not available in the state.
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| Wyoming | Pending | Rape and incest, maternal health, ectopic pregnancy, fetal anomaly if lethal | A judge temporarily blocked Wyoming's latest abortion ban in early 2023.
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How many states have banned abortion?
Abortion is currently prohibited in 13 states.
In which states is abortion illegal?
Abortion is currently illegal in the following states: Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, West Virginia and Wisconsin.