The Current State of Abortion: State-by-State

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State Updates:

On Wednesday, August 17, a federal judge allowed a ban on abortions after 20 weeks of pregnancy to take effect in North Carolina. The ban had been blocked since 2019, but Republican lawmakers asked the court to reinstate the ban after the Dobbs decision.
Also on Wednesday, the South Carolina Supreme Court temporarily blocked the state’s six-week abortion ban from being enforced while a lawsuit against it continues.
On Monday, August 15, a judge in Georgia said the state’s six-week abortion ban could remain in effect while a case against it proceeds.

Alabama: Abortion is banned with no exceptions for rape or incest.

Arkansas: Abortion is banned with no exceptions for rape or incest.

Kentucky: Abortion is banned with no exceptions for rape or incest.

Louisiana: Abortion is banned with no exceptions for rape or incest.

Mississippi: Abortion is banned with exceptions for rape, but not incest.

Missouri: Abortion is banned with no exceptions for rape or incest.

Oklahoma: In May, the state prohibited abortion at the point of fertilization, with exceptions for rape and incest.

South Dakota: Abortion is banned with no exceptions for rape or incest.

Texas: The Texas Supreme Court allowed a 1925 law that bans abortion with no exceptions for rape or incest to take effect. The law can be enforced only with fines and other civil penalties. A separate trigger ban on abortion will take effect on Aug. 25.

Wisconsin: The state has a law from before Roe that bans abortion with no exceptions for rape or incest, and makes performing them a felony. The Democratic governor and attorney general have filed a lawsuit in an attempt to block the ban.

Ohio: Abortion is banned after six weeks of pregnancy, after a judge allowed a 2019 law to go into effect.

Georgia: Abortion is banned after six weeks of pregnancy, after a court allowed a 2019 law to go into effect.

Idaho Abortion is banned at six weeks of pregnancy, after a judge allowed a law passed in April to go into effect. A trigger law banning nearly all abortions, with exceptions for rape or incest, will take effect on Aug. 25.

Tennessee: Abortion is banned after six weeks of pregnancy, after a judge allowed a 2020 law to go into effect. A trigger law banning nearly all abortions, with no exceptions for rape or incest, will take effect Aug. 25.

Florida: Abortion is banned after 15 weeks of pregnancy.

Utah A judge temporarily blocked the state’s trigger ban on most abortions. A ban on abortion after 18 weeks of pregnancy is in effect.

North Carolina: Abortion is banned at 20 weeks of pregnancy, after a federal judge allowed an older law to go into effect.

Indiana: Indiana lawmakers passed a near-total ban on abortion with exceptions for some cases of rape, incest, or fatal fetal abnormality, or to preserve the life or health of the woman. The law will go into effect on Sept. 15.

Arizona: The state has a law from 1901 that bans abortion with no exceptions for rape or incest and that criminalizes providers. The law was blocked by a court in 1973, but the Arizona attorney general asked the court to allow the law to take effect. A ban on abortion after 15 weeks of pregnancy will take effect in September.

Iowa Abortion is banned at 22 weeks of pregnancy. A ban on abortion after six weeks has been blocked by a judge since 2019, but the governor is seeking its enforcement.

North Dakota Abortion is blocked 22 weeks. A judge temporarily blocked a ban on nearly all abortions, after the state’s sole abortion provider filed a lawsuit challenging the ban.

Michigan The state has a law from before Roe that bans nearly all abortions, but it has been blocked in state court. The Democratic governor and attorney general have said they will not enforce the ban.

Montana: The Legislature passed three anti-abortion laws in 2021, including a ban on abortion after 20 weeks of pregnancy, all of which have been blocked by a court since last year. The Montana Supreme Court has ruled that its Constitution protects the right to an abortion.

South Carolina: Abortion blocked at 22 weeks The South Carolina Supreme Court temporarily blocked a ban on abortion after six weeks of pregnancy on Aug. 17; a lower court judge had allowed the ban to take effect in June. The Legislature is working on a bill that would ban abortion with no exceptions for rape or incest.

West Virginia: Abortion banned at 22 weeks.

Wyoming: A judge temporarily blocked a ban on nearly all abortions on July 27, the same day the ban was set to take effect.

Colorado Legal but restricted. No gestational limit. State law protects abortion, but a 1984 law prohibits using state funds to cover the cost of most abortions..

Delaware: Legal but restricted. State law protects abortion and a new law expands access to providers, but state funds cannot be used to cover the cost of the procedure.

Kansas Legal but restricted at 22 weeks. The state’s Supreme Court ruled in 2019 that a pregnant woman’s right to personal autonomy is protected in its Constitution, and Kansans voted on Aug. 2 to reject a ballot measure that would have amended the State Constitution to say it contains no right to an abortion. State funds cannot be used to cover the cost of most abortions, and the state has enacted multiple restrictions that limit access to the procedure.

Nebraska: The state has enacted multiple restrictions that limit access to the procedure, including a ban on abortion after 22 weeks, and state funds cannot be used to cover the cost of most abortions. The governor said in August that he does not have enough votes to pass a more restrictive ban.

Nevada: State law protects abortion until 24 weeks, but state funds cannot be used to cover the cost of most abortions.

New Hampshire: Legal but restricted to 24 weeks, and state funds cannot be used to cover the cost of most abortions.

Rhode Island: Abortion is legal but restricted to Viability. State law protects abortion but state funds cannot be used to cover the cost of most abortions.

Pennsylvania: Legal but restricted to 24 weeks, and state funds cannot be used to cover the cost of most abortions.

Virginia: Abortion is legal but restricted to Viability, and state funds cannot be used to cover the cost of most abortions.

Washington, D.C.: Local law protects abortion throughout pregnancy.

Alaska: Abortion is Legal with no gestational limit.

California: State law protects the right to abortion.

Connecticut: State law protects the right to abortion.

Hawaii: State law protects the right to abortion.

Illinois: State law protects the right to abortion.

Maine: State law protects the right to abortion.

Maryland: State law protects the right to abortion.

Massachusetts: Abortion is legal until 24 weeks.

Minnesota: State law protects the right to abortion.