Abortion Laws by State 2026

Abortion laws in the United States vary widely by state, shaping when and under what circumstances the procedure is permitted, restricted, or prohibited. The issue remains one of the most debated topics in American law and politics, influenced by moral, religious, constitutional, and public health considerations.

In 1973, the Supreme Court’s decision in Roe v. Wade established a federal constitutional right to abortion prior to fetal viability. That framework remained in place for nearly 50 years. In 2022, the Court’s decision in Dobbs v. Jackson Women’s Health Organization overturned Roe, returning regulatory authority to individual states. As a result, abortion legality now depends largely on state law, creating significant differences across the country.

Roe v. Wade Legalizes Abortion Nationwide (1973)

In 1973, the U.S. Supreme Court’s decision in Roe v. Wade transformed abortion law across the country. Before the ruling, abortion laws varied widely by state, with many states prohibiting the procedure except in limited circumstances. The Court held that the Constitution protected a woman’s right to choose an abortion prior to fetal viability, limiting how far states could go in banning the procedure.

For nearly five decades, Roe established a national framework under which abortion remained legal in all states, though individual states continued to regulate access through waiting periods, parental involvement laws, and gestational limits. That framework remained in place until it was overturned in 2022.

Dobbs v. Jackson Women’s Health Organization overturns Roe v. Wade (2022)

In 2022, the U.S. Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, ruling that the Constitution does not guarantee a federal right to abortion. Regulatory authority returned to individual states, leading some to activate pre-existing trigger laws or pre-Roe bans while others strengthened statutory or constitutional protections for abortion access.

An Overview of State Abortion Laws

Information in this section is provided by the Guttmacher Institute. Because state abortion laws continue to change following the 2022 Dobbs decision, the figures below reflect the most recent available data at the time of publication.

• 35 states require an abortion to be performed by a licensed physician
• 19 states require an abortion to be performed in a hospital after a specific point in the pregnancy
• 17 states require the involvement of a second physician after a specific point
• 43 states prohibit abortion after a specific point in pregnancy, except when necessary to protect the woman’s life
• 21 states have laws prohibiting “partial-birth abortions” (three apply only to post-viability abortions)
• 16 states use their own funds to pay for all or most medically necessary abortions for Medicaid enrollees
• 33 states and the District of Columbia prohibit the use of state funds except when federal funds are available (where the woman’s life is in danger or is the result of incest or rape)
• 12 states restrict abortion coverage in private insurance plans (most often limiting coverage for when a woman’s life is in danger)
• 45 states allow individual health care providers to refuse to participate in an abortion
• 42 states allow institutions to refuse to perform abortions (16 of which limit refusal rights to private or religious institutions)
• 18 states require women to receive counseling before an abortion that includes information on at least one of the following: the purported link between abortion and breast cancer (5 states), the ability of a fetus to feel pain (13 states), or long-term mental health consequences for the women (8 states)
• 25 states require a woman seeking an abortion to wait a period of time, usually 24 hours, between receiving counseling and the procedure (12 of these states have laws that require the woman to make two separate trips to the clinic to obtain the procedure)
• 37 states require some type of parental involvement in a minor’s decision to have an abortion (27 states require one or both parents to consent to the procedure, and ten require that one or both parents be notified).

Abortion Laws Vary Widely by State

Since the 2022 Dobbs decision, abortion policy has been set primarily at the state level. Laws and enforcement can change quickly due to court rulings and new legislation, so the most up-to-date state-by-state status is best captured in the table at the top of the page.