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Legal
28
Banned
13
Pending
5
Restricted
4
Abortion Bans by State 2023
Note: 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 in 1864, from enforcement |
| 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. |
| 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. |
| 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. | |
| 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-Dobbs abortion clinic has moved to Minnesota. |
| 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. |
| 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. |
| South Dakota | Banned | Maternal health | ||||||
| Tennessee | Banned | Abortion is a felony in Tennessee. However, state law allows an affirmative defense at trial for a physician who performed an abortion to save the life of a mother. | ||||||
| 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 into effect Aug. 25, 2022. | |||||
| 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. |
| 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. | |||||
| 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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