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Legal
Banned
13
Pending
5
Restricted
4

Abortion Bans by State 2024

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.

Abortion Bans by State 2024

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.

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State
Abortion Legality
Exceptions
Abortion Gestational Limit
Required Waiting Period
Mandatory Counseling
Mandatory Ultrasound
Consent Requirements for Minors
Notes
AlabamaBannedMaternal health
AlaskaLegalNoneNoneNoNoParental involvement requirement is unenforced
ArizonaRestrictedMaternal health15 weeks of pregnancy 24 hours YesYesParent, legal guardian or judge
Arizona's 15-week ban is in place after a state court blocked the near-total ban, originally passed ...
ArkansasBannedMaternal health
CaliforniaLegalNoneNoneNoNoParental involvement requirement is unenforced
ColoradoLegalNoneNoneNoNoNotification of a parent or legal guardian, or consent from a judge
ConnecticutLegalFetal viability and during third trimester NoneNoNoNot required
DelawareLegalFetal viability and during third trimester NoneNoNoNotification of a parent or legal guardian, or consent from a judge
FloridaRestrictedMaternal health, fetal anomaly if lethal15 weeks since last menstrual period 24 hours YesYesConsent 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...
GeorgiaRestrictedRape and incest, maternal health, fetal anomaly if lethal6 weeks since last menstrual period 24 hours YesNoNotification 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.
HawaiiLegalFetal viability NoneNoNoNot required
IdahoBannedRape and incest, maternal health
IllinoisLegalFetal viability and during third trimester NoneNoNoNot required
IndianaPendingRape and incest, maternal health, fetal anomaly if lethal20 weeks post-fertilization 18 hours YesYesConsent of parent, legal guardian, or judge
Indiana's abortion ban was temporarily blocked by a judge after going into effect on Sept. 15.
IowaLegal20 weeks post-fertilization and during third trimester 24 hours YesMust be offered Notification of a parent or legal guardian, or consent from a judge
KansasLegal22 weeks since last menstrual period and at viability 24 hours YesNoConsent of both parents, legal guardian, or a judge
KentuckyBannedMaternal health
LouisianaBannedMaternal health
MaineLegalFetal viability and during third trimester NoneNoNoConsent of parent, legal guardian, adult family member, or judge. However, providers can waive parental consent.
MarylandLegalFetal viability, unless fetal anomaly is present or patient's health or life is at riskNoneNoNoNotification from a parent or legal guardian. However, providers can waive notice in certain instances
MassachusettsLegal24 weeks since last menstrual period NoneNoNoConsent of parent, legal guardian, or judge if person is under 16
MichiganLegalFetal viability and during third trimester 24 hoursYesNoConsent of parent, legal guardian, or judge
MinnesotaLegalFetal viability and during third trimester 24 hoursYesNoNotification of a parent or legal guardian, or approval from a judge
MississippiBannedRape and incest, maternal health
MissouriBannedMaternal health
MontanaLegal20 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
NebraskaLegal20 weeks post-fertilization and at viability 24 hours YesMust be offered at least one hour before abortion Consent of parent, legal guardian, or judge
NevadaLegal24 weeks post-fertilization NoneNoNoParental notification no longer required
New HampshireLegal24 weeks since last menstrual period NoneNoYes, if 24 weeks past patient's last menstrual periodNotification of a parent or legal guardian, or consent from a judge
New JerseyLegalNoneNoneNoNoNotification of a parent or legal guardian
New MexicoLegalNoneNoneNoNoNot required
New YorkLegal24 weeks post-fertilization, unless fetus is non-viable or patient's life, physical health, or maternal health is at riskNoneNoNoNot required
North CarolinaLegalFetal viability 72 hours YesNoConsent of parent, legal guardian, or judge
North Carolina has a pre-Roe ban that is not currently in effect.
North DakotaPendingRape and incest, maternal health20 weeks post-fertilization 24 hours YesMust 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...
OhioPendingMaternal health20 weeks post-fertilization24 hoursYesNoConsent of parent, legal guardian, or judge
Ohio's 6-week abortion ban has been temporarily blocked by a judge.
OklahomaBannedMaternal health
OregonLegalNoneNoneNoNoNot required
PennsylvaniaLegal24 weeks since last menstrual period 24 hours YesNoConsent of parent, legal guardian, or judge
Rhode IslandLegalFetal viability NoneNoNoConsent of parent, legal guardian, or judge
South CarolinaRestrictedRape and incest, maternal health, fetal anomaly if lethal20 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.
South DakotaBannedMaternal health
TennesseeBanned
Abortion is a felony in Tennessee. However, state law allows an affirmative defense at trial for a p...
TexasBannedMaternal health
Texas has a pre-Roe ban that is now in effect, along with a 6-week ban. The state's trigger ban went...
UtahPendingRape and incest, maternal health, fetal anomaly if lethal18 weeks post-fertilization 72 hours YesNoConsent of both parents, legal guardian, or a judge
Utah's trigger law is on hold due to an ongoing lawsuit.
VermontLegalNoneNoneNoNoNot required
VirginiaLegalFetal viability, Maternal or physical health at riskNoneNoNoConsent of parent, "authorized person," or judge
WashingtonLegalFetal viability NoneNoNoNot required
West VirginiaBannedRape and incest (w/ caveats), maternal health, ectopic pregnancy, non-viable fetusAdults (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.
WisconsinBannedMaternal health
The status of Wisconsin's pre-Roe ban is unclear and abortion is not available in the state.
WyomingPendingRape 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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Abortion Bans by State 2024

Sources