Abortion Laws in the United States
- The Robinsons Foundation
- Jan 24
- 6 min read
Updated: Jan 25
As of January 21, 2025, abortion laws in the United States vary significantly by state, with some states enforcing complete bans and others allowing abortions under certain conditions. Below is a categorized list of states where abortion is banned and those where it is allowed, along with the specific exceptions applicable in each state.
States Allowing Abortions with Specific Restrictions:
Arizona: Permits abortions up to 15 weeks gestation, with exceptions beyond that period to save the life of the pregnant person or prevent substantial and irreversible impairment of a major bodily function.
Florida: Allows abortions up to 15 weeks, with exceptions beyond that period to save the life of the pregnant person, prevent serious injury, or in cases of fatal fetal anomalies.
Georgia: Permits abortions up to six weeks gestation, with exceptions beyond that period in cases of rape, incest, to protect the life of the pregnant person, or if a severe fetal anomaly is detected.
Iowa: Allows abortions up to 20 weeks post-fertilization, with exceptions beyond that period to save the life of the pregnant person, prevent substantial and irreversible physical impairment, or in cases of rape or incest. Rape and incest exceptions require the incident to be reported to law enforcement or a public health agency within a specified timeframe.
North Carolina: Permits abortions up to 20 weeks gestation, with exceptions beyond that period to save the life of the pregnant person or prevent substantial and irreversible physical impairment.
Utah: Allows abortions up to 18 weeks gestation, with exceptions beyond that period to save the life of the pregnant person, prevent substantial impairment of major bodily function, or in cases of rape, incest, or lethal fetal anomalies.
States Where Abortion is Legal with Gestational Limits or Specific Conditions
Colorado: Abortion is legal throughout pregnancy with no gestational limits.
Gestational Limit: No gestational limits, but post-viability procedures must meet specific medical conditions.
Exceptions: Allowed for life-threatening emergencies or severe fetal anomalies.
Delaware: Legal up to 24 weeks; allowed later to protect life, health, or in cases of fetal anomalies.
Gestational Limit: Up to 24 weeks.
Exceptions: Permitted after viability for life, health, or severe fetal anomalies.
Kansas: Legal up to 22 weeks; restrictions include mandatory counseling and a waiting period.
Maine: Abortion is protected; legal up to viability (about 24 weeks) or later for health or life reasons.
Gestational Limit: Protected up to viability (about 24 weeks).
Exceptions: Allowed beyond viability for health or life risks.
Michigan: Legal until viability (approximately 24 weeks); protected by a 2022 voter-approved measure.
Gestational Limit: Legal until viability. Protected by a constitutional amendment approved in 2022.
Exceptions: Life or health risks.
Minnesota: Legal with protections; no gestational limits under state law but regulated by viability.
Gestational Limit: No gestational limits, but viability governs medical decisions.
Exceptions: Broad health exceptions.
Montana: Abortion is legal up to viability; current debates exist about additional restrictions.
Gestational Limit: Up to viability. Some regulations on abortion pills and post-viability procedures exist.
Nebraska: Legal up to 12 weeks under recent legislation (2023).
Gestational Limit: 12 weeks (2023 law).
Exceptions: Life-threatening emergencies or rape/incest (must be reported).
Nevada: Legal up to 24 weeks; after that, allowed for life or health risks.
Gestational Limit: 24 weeks.
Exceptions: After 24 weeks, abortions are allowed for life or health risks.
New Hampshire: Legal up to 24 weeks; exceptions for maternal health or fatal fetal anomalies.
Gestational Limit: Up to 24 weeks.
Exceptions: For life risks or fatal fetal anomalies.
New Mexico: Legal at any stage with few restrictions; state protections are in place.
Gestational Limit: No limits; abortion is legal at all stages.
State Protections: Broad protections in place for providers and patients.
Ohio: Legal up to 22 weeks; current legal battles on a six-week "heartbeat" ban.
Gestational Limit: 22 weeks.
Current Issues: A 6-week "heartbeat ban" is temporarily blocked in court.
Exceptions: For life or physical health risks.
Pennsylvania: Legal up to 24 weeks; exceptions for life or health risks.
Gestational Limit: 24 weeks.
Exceptions: Life-threatening emergencies or severe health risks.
Virginia: Legal up to 25 weeks; exceptions after viability for health or life risks.
Gestational Limit: 25 weeks.
Exceptions: Allowed after 25 weeks for life-threatening or severe health conditions.
Washington D.C.: Abortion is legal with no gestational limits.
Gestational Limit: None. Abortion is legal at any stage.
States with Protective Laws for Abortion Access:
Several states have enacted laws safeguarding the right to abortion, ensuring access throughout pregnancy, often up to the point of fetal viability or beyond if necessary to protect the health or life of the pregnant person. These states include California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
States with Strong Protections for Abortion Access
California, New York, Oregon, Washington, Vermont, and Illinois: These states have constitutional protections or laws in place safeguarding abortion rights. Access is often allowed throughout pregnancy or until viability, with exceptions for life, health, or fetal anomalies.
Special Considerations for Funding and Accessibility
State Funding: Many states (e.g., California, Oregon, New Mexico) provide funding for low-income individuals to access abortion care, including for Medicaid recipients or those lacking insurance.
Telehealth Services: Several states allow the use of telemedicine for abortion pills, increasing accessibility for early-term abortions.
In December 2023, telehealth emerged as a critical avenue for accessing abortion care, with 19% of all abortions provided through virtual platforms, as reported by the Society for Family Planning's #WeCount Project. Of these, nearly half were facilitated by virtual clinicians, while others were delivered through brick-and-mortar clinics or providers operating in states with shield laws. These shield laws are designed to protect healthcare providers from legal repercussions when offering care to patients in states with abortion or telehealth restrictions. Notably, 36% of telehealth abortions were provided to patients in states with abortion bans, underscoring the importance of these legal protections. In a landmark decision, the Supreme Court unanimously upheld the availability of mifepristone for medication abortions, ensuring continued access to this essential healthcare option in states where the law permits both clinical and telehealth settings. This development represents a significant victory in safeguarding reproductive rights amidst ongoing legal challenges.
States with Abortion Bans:
Alabama: Abortion is banned at all stages, with exceptions only to prevent the death of the pregnant person or serious risk of substantial and irreversible impairment of a major bodily function.
Arkansas: Enforces a total abortion ban, permitting exceptions solely to save the life of the pregnant person in a medical emergency.
Idaho: Abortion is illegal, with exceptions for cases of rape, incest, or to protect the life of the pregnant person. Rape and incest exceptions require the pregnant person to have reported the incident to law enforcement.
Kentucky: Implements a near-total abortion ban, allowing exceptions only to prevent the death or substantial risk of death of the pregnant person or to prevent serious, permanent impairment of a life-sustaining organ.
Louisiana: Abortion is banned with exceptions to prevent death or substantial risk of death of the pregnant person and to prevent serious, permanent impairment of a life-sustaining organ. Some bans in the state also include exceptions for fatal fetal anomalies.
Mississippi: Enforces a total ban with exceptions to preserve the life of the pregnant person and in cases of rape. The state's 15-week ban includes exceptions for fatal fetal abnormalities and serious risk of substantial and irreversible impairment of a major bodily function.
Missouri: Abortion is illegal, with exceptions only to save the life of the pregnant person.
Oklahoma: Maintains a total abortion ban, allowing exceptions only to save the life of the pregnant person in a medical emergency.
South Dakota: Abortion is banned, with exceptions solely to save the life of the pregnant person.
Tennessee: Enforces a total ban with exceptions to prevent the death or serious risk of substantial and irreversible impairment of a major bodily function of the pregnant person.
Texas: Abortion is illegal, with exceptions only to save the life of the pregnant person or prevent substantial impairment of major bodily function.
West Virginia: Implements a near-total ban, allowing exceptions for medical emergencies and cases of rape or incest, provided the incident is reported to law enforcement.
Wisconsin: Abortion is banned, with exceptions only to save the life of the pregnant person.
It's important to note that the legal landscape surrounding abortion is continually evolving, with ongoing legislative actions and court decisions influencing state laws.
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