When the U.S. Supreme Court overturned Roe v. Wade, on June 24, 2022, it did two things: It removed federal constitutional protections for abortion rights and returned the legal status of abortion to the states.
As a result, a patchwork of state laws — some dating to before the Civil War, others hastily drawn up in the months before the high court's decision — emerged in sharp relief across the country. During the era of Roe, the question, "Is abortion legal in the United States?" had a straightforward answer. Now, that answer is anything but simple.
To that end, the following is a comprehensive breakdown of the legal status of abortion in all 50 states and the District of Columbia. The round-up was accurate and current as of July 5, 2022, and lists states in alphabetical order.
Alabama
Abortion is now largely prohibited in Alabama. In May 2019, Gov. Kay Ivey signed the Human Life Protection Act, which bans residents from performing nearly all types of abortions, including in cases of rape and incest. The law includes exceptions for ectopic pregnancy, "lethal anomaly" in the fetus, "medical emergency," and "serious health risk" to the pregnant person, with suicide risk explicitly excluded from that. Back in 2019, the U.S. District Court for the Middle District of Alabama blocked the law from taking effect. But on June 24, 2022, the court lifted that injunction, putting the Human life Protection Act into effect immediately.
Alaska
Abortion is still legal in Alaska. The state Supreme Court has interpreted Alaska's state Constitution as providing strong privacy protections for people seeking abortions. In a major 1997 case, the court wrote, "The Alaska Constitution protects reproductive autonomy, including the right to abortion, more broadly than does the United States Constitution." Any attempts to ban abortion in Alaska would require a constitutional amendment.
Arizona
Abortion will soon be restricted, or even prohibited, in Arizona. In March 2022, Gov. Doug Ducey signed a law that prohibits performing abortions after 15 weeks' gestational age, with an exception for instances of "medical emergency." That law is set to take effect in the autumn. However, Arizona's statutes also contain a near-total abortion ban that dates to 1901. The 15-week law stipulates that it does not repeal the 1901 ban, but it's not yet clear which law will take precedence.
Arkansas
Abortion is now almost entirely prohibited in Arkansas. Under ACA 5-61-304, once the state attorney general certifies that Roe v. Wade has been overturned, a state law banning abortion comes into effect. On June 24, Attorney General Leslie Rutledge issued that certification. Performing an abortion now carries a potential maximum sentence of 10 years in prison. The law has an exception where an abortion is deemed necessary to save the life of a woman. Contraceptives continue to be legal in Arkansas.
California
Abortion is still legal in California. State law declares that, "Every woman has the fundamental right to choose to bear a child or to choose and to obtain an abortion." The only limit on abortion access in California law is fetal viability, which is typically adjudicated at roughly 24 weeks' gestational age. Democrats plan to further buttress these protections by putting a proposed constitutional amendment to voters in November. A UCLA report released in June 2022 estimated that 8,000 to 16,000 more people will travel to California each year for abortion care.
Colorado
Abortion is still legal in Colorado. In April 2022, Gov. Jared Polis signed into law the Reproductive Health Equity Act, which reaffirmed abortion rights even in the event of Roe's overturning. The law states that: "A pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right."
Connecticut
Abortion is still legal in Connecticut. State law dictates that: "The decision to terminate a pregnancy prior to the viability of the fetus shall be solely that of the pregnant woman in consultation with her physician." Abortions after fetal viability (roughly 24 weeks) are permissible "when necessary to preserve the life or health of the pregnant woman." A state law signed in May 2022 protects medical providers and patients who come from other states seeking abortion care, and expands abortion access in the state.
Delaware
Abortion is still legal in Delaware. State law permits abortion until fetal viability (roughly 24 weeks). After that point, it is permitted if needed to preserve a woman's life or health or in the event of a fetal anomaly "for which there is not a reasonable likelihood of the fetus’s sustained survival outside the uterus without extraordinary medical measures."
District of Columbia
Abortion is still legal in the District of Columbia (D. C.). The DC Code states that: "The District shall recognize the right of every individual who becomes pregnant to decide whether to carry a pregnancy to term, to give birth, or to have an abortion." The D. C. Code does not stipulate any gestational age or other limits. Because D. C. is not a state, the legal status of abortion there could be changed via federal legislation (that is, via the U.S. Senate and House).
Florida
Abortion is still legal in Florida, but may soon be more limited. Existing Florida law permits abortion in the first two trimesters of pregnancy. In the third trimester, abortion is only permitted in order to save a woman's life or to "avert a serious risk of substantial and irreversible physical impairment of a major bodily function." Suicide risk is not part of that exception. In April 2022, Gov. Ron DeSantis signed a law banning abortions after 15 weeks' gestational age, with exceptions after that point in order to preserve the woman's life or health, and in cases of a fatal fetal abnormality. The law was due to come into effect on July 1, and Roe's overturning removed any federal constitutional obstacle it may have faced. However, Florida's state constitution continues to contain especially strong privacy rights protections, and on June 30, a state court issued an order temporarily preventing the implementation of the 15-week ban.
Georgia
Abortion is still legal in Georgia but will likely soon be largely prohibited. State law permits abortion up to 20 weeks' gestational age, and after that point only in cases of fatal fetal abnormality, or in order to preserve the life of a woman or to "avert serious risk of substantial and irreversible physical impairment of a major bodily function." However, in 2019 Gov. Brian Kemp signed a law banning abortions after the detection of a fetal heartbeat (roughly around six weeks), with limited exceptions for rape and incest, to preserve the life or health of the woman, and in cases of fatal fetal abnormality. A federal court challenge prevented that law from coming into effect, but Roe's overturning means it is likely to come into effect within weeks.
Hawaii
Abortion is still legal in Hawaii. State law permits abortion up until fetal viability (roughly 24 weeks), and after that point in order to preserve the life or health of the woman. In 2021, the state passed a law allowing advanced practice care nurses to carry out in-clinic abortions during the first trimester, making it accessible to people in rural areas.
Idaho
Abortion may soon be largely prohibited in Idaho. Under Idaho Statutes 18-622, 30 days after Roe is overturned, a law will come into place that imposes a potential maximum sentence of five years in prison for performing an abortion. The law contains an exception for cases of rape and incest (though such crimes must have been reported to law enforcement or other relevant authorities), and in order to save the life of a woman (though the law explicitly excludes suicide risk from that exception). On June 27, Planned Parenthood petitioned the Idaho Supreme Court to nullify the abortion ban, arguing that it violates the privacy and equal protection provisions in the state constitution.
Illinois
Abortion is still legal in Illinois. The 2019 Reproductive Health Act expanded abortion access in the state, and rescinded some prohibitions on late-term abortions. Abortion is permitted up until fetal viability (around 24 weeks), and after that point if necessary to preserve the life or health of the woman.
Indiana
Abortion is still legal in Indiana, but will likely soon be restricted. Existing state law permits abortion up until 22 weeks' gestational age, and after that point in order to preserve the life or health of the woman. In the absence of Roe, Republican state legislators plan to introduce new restrictions on abortion access as early as July. With comfortable Republican majorities in the state legislature, and a Republican governor, such restrictions are likely to succeed in being implemented.
Iowa
Abortion is still legal in Iowa, but might soon be restricted. State law permits abortion up until the third trimester, and after that point in order to preserve the life or health of the woman. However, recent court rulings could allow Republican state legislators, and Republican Gov. Kim Reynolds, to pass new abortion restrictions, including a fetal heartbeat bill that Reynolds signed into law in 2018, but that was never implemented.
Kansas
Abortion is still legal in Kansas, but might soon be restricted. State law permits abortion up until fetal viability (roughly around 24 weeks' gestational age), and after that point in order to preserve the life or health of the woman. In 2019, the state Supreme Court ruled that the state constitution protects a woman's right to terminate her pregnancy. This means that, notwithstanding Roe's overturning, any significant new abortion restrictions will require a change to the state's constitution. Kansans are set to vote on just such a proposed amendment in August. If it passes, the GOP-controlled legislature could introduce new abortion restrictions in the next legislative session, in January 2023. If Republican Attorney General Derek Schmidt defeats incumbent Democratic Gov. Laura Kelly in November, anti-abortion measures would face no veto and likely be introduced quickly.
Kentucky
Abortion is now almost entirely prohibited in Kentucky, but a court challenge is under way. Under KRS 311.715-820, the overturning of Roe “immediately” triggered the implementation of a law that bans performing abortions. The law contains an exception in order to prevent the death of a woman or prevent “substantial risk of death,” or “serious, permanent impairment of a life-sustaining organ." Contraceptives will continue to be legal. On June 27, abortion providers and the ACLU sued to suspend the implementation of the ban, citing privacy and self-determination protections in the Kentucky state constitution. That case is awaiting resolution, as of June 30.
Louisiana
Abortion is still largely legal in Louisiana, but might be prohibited very soon. Under Louisiana RS 40.1061, the overturning of Roe “immediately” triggered the implementation of a law that bans performing abortions. The law contains an exception in order to prevent the death of a woman or prevent “substantial risk of death,” or “serious, permanent impairment of a life-sustaining organ." Contraceptives will continue to be legal. However, on June 27, abortion providers petitioned a court in New Orleans to suspend implementation of the ban, arguing that its provisions were so vague as to violate the Louisiana state constitution. The court granted that temporary order, pending further hearings scheduled for July 7, meaning that for now, abortion is permitted up until 20 weeks' gestational age, and after that point in order to preserve the life or health of a woman, or in cases of fatal fetal anomaly.
Maine
Abortion is still legal in Maine. State law permits abortion up until fetal viability (roughly around 24 weeks' gestational age), and after that point in order to preserve the life or health of the woman.
Maryland
Abortion is still legal in Maryland. In 1992, Maryland voters approved a referendum to prohibit state interference with "the decision of a woman to terminate a pregnancy before the fetus is viable." After fetal viability, abortion is permitted in order to preserve the life or health of the woman, or in cases of fatal fetal anomaly.
Massachusetts
Abortion is still legal in Massachusetts. State law permits abortions up until 24 weeks' gestational age, and after that point in order to preserve the life or health of the woman, including her mental health, or in cases of fatal fetal anomaly. The state Supreme Court has also ruled that abortion access is protected under the Massachusetts state constitution, writing that the right to an abortion is "a right protected by our constitutional guarantee of due process."
Michigan
Abortion is still legal in Michigan, but might soon be restricted. State law does not explicitly, specifically articulate a right to abortion. However, state court interpretations of abortion-related statutes mean that, in effect, abortion is permitted up until fetal viability (around 24 weeks). A 1931 statute, which completely bans abortion except to save a woman's life, remained on the statute books, but unenforced, throughout the era of Roe. With Roe now overturned, some Michigan county prosecutors have vowed to enforce its provisions, while others have said they would not. Democratic Attorney General Dana Nessel, running for reelection in November, has also vowed not to enforce it. Furthermore, in May 2022 a state court granted a preliminary injunction against the enforcement of the 1931 ban, pending further hearings. As of July 1, that case was still ongoing and the temporary injunction still in place.
Minnesota
Abortion is still legal in Minnesota. In a landmark 1995 case, the state Supreme Court ruled that, "The right of privacy under the Minnesota constitution encompasses a woman’s right to decide to terminate her pregnancy." In the same ruling, the court effectively stipulated that fetal viability (roughly around 24 weeks) was the point at which the state could restrict abortions. In order to implement any substantial limits on abortion access, Republican legislators would likely have to succeed in putting forward a proposed constitutional amendment as a ballot measure, to be decided by the state's electorate.
Mississippi
Abortion is still legal in Mississippi, but might very soon be prohibited. Under MS Code 41-41-45, 10 days after the state attorney general certifies Roe has been overturned, a law will come into effect that imposes a potential maximum sentence of 10 years in prison for performing an abortion. The law contains an exception in order to save the life of a woman, and in cases of rape, though this must involve a criminal charge of rape. On June 27, Attorney General Lynn Fitch issued that certification, meaning the ban should come into effect on July 7. However, as of July 1, a state court challenge is under way and might potentially suspend the implementation of the ban.
Missouri
Abortion is now almost entirely prohibited in Missouri. Under MRS 188.017, once the state’s governor, attorney general, or general assembly proclaims that Roe has been overturned, a law will come into effect that bans performing abortions. The law contains an exception for cases of “medical emergency.” On June 24, Attorney General Eric Schmitt published just such a proclamation, meaning the ban is now in effect.
Montana
Abortion is still legal in Montana, but a court challenge is under way. In 1999, the state Supreme Court ruled that the state constitution's strong "individual privacy" provisions protected a woman's "right to seek and to obtain a specific lawful medical procedure, a pre-viability abortion, from a health care provider of her choice." As a result, abortion is permitted up until fetal viability (roughly around 24 weeks). However, as part of ongoing litigation, Montana's Republican governor and attorney general have asked the state's Supreme Court to overturn that 1999 precedent and rule that the state's constitution does not, in fact, assert any abortion rights. As of July 1, that case is ongoing.
Nebraska
Abortion is still legal in Nebraska, but will likely soon be restricted. State law permits abortion up until 22 weeks' gestational age (20 weeks "postfertilization"), and after that point in order to preserve the life or health of the woman. Suicide risk is excluded from that exception. Republican Gov. Pete Ricketts has said he intends to convene state lawmakers for a special summer session, in order to quickly pass what would be a near-total abortion ban. The state legislature is dominated by the GOP, so new abortion restrictions of some kind appear inevitable, and perhaps even imminent.
Nevada
Abortion is still legal in Nevada. In a 1990 referendum, voters enshrined in state law a statute that permits abortion up until 26 weeks' gestational age, and after that point in order to preserve the life or health of a woman. Because the law was implemented via referendum, only a referendum could repeal it. Nevada's governor is a Democrat, and the Democratic party holds majorities in both state legislative houses, meaning any potential substantive restrictions on abortion access in Nevada appear distant.
New Hampshire
Abortion is still legal in New Hampshire. State law permits abortion up until 24 weeks' gestational age, and after that point in order to preserve the life or health of the woman, and in cases of fatal fetal anomaly.
New Jersey
Abortion is still legal in New Jersey. State law affirms a right to abortion access, and does not articulate substantial limits — for example gestational age limits — on that right. Furthermore, the state Supreme Court has repeatedly ruled that the state constitution protects abortion rights. Any effort to substantively restrict abortion access in New Jersey would face formidable legal and political obstacles.
New Mexico
Abortion is still legal in New Mexico. A 1969 law prohibited abortion, except in order to preserve the life or health of a woman, in cases of rape or incest, and in cases of fatal fetal anomaly. During the era of Roe, that ban was not enforced. In 2021, New Mexico state legislators repealed that pre-Roe ban. Now that Roe has been overturned, abortion is permitted in New Mexico, without any substantial limitations, for example gestational age limits.
New York
Abortion is legal in New York. State law affirms a right to abortion access, and permits abortion up until 24 weeks' gestational age, and after that point in order to preserve the life or health of the woman, and in cases of fatal fetal anomaly. As of July 2022, state lawmakers were advancing a measure that would enshrine abortion rights in the New York constitution, via an amendment. However, under Article XIX of the state constitution, it would require the assent of two successive legislatures, and voters in a referendum, a process that could take years.
North Carolina
Abortion is still legal in North Carolina, but might soon be restricted. During the era of Roe, North Carolina's statutes did not contain explicit, enforced abortion restrictions or limitations, meaning abortion was effectively permitted up until fetal viability (roughly 24 weeks' gestational age) and after that point in order to preserve the life and health of a woman, as per the federal constitutional guidelines set out in Roe. With Roe overturned, anti-abortion activists might seek to enforce an 1881 law that remained on the statute books, unenforced, since 1973. It effectively bans abortion outright. They might also seek to enforce a 1967 law that prohibits abortion after 20 weeks' gestational age, with an exception in order to preserve the life or health of the woman. That law was unenforced during the era of Roe, and in 2019 and 2021, federal courts issued an injunction against its enforcement; however some disagreement exists over whether the demise of Roe means the 20-week restriction can be enforced. At the moment, North Carolina’s residents’ access to abortion will remain in place because its Democratic governor will likely veto further restrictions, and Democratic state legislators currently hold enough seats to make the veto stick.
North Dakota
Abortion will be prohibited in North Dakota from July 28. Under ND Code 12.1-31-12, 30 days after the state attorney general certifies Roe has been overturned, a law will go into effect that bans performing abortions. The law contains exceptions in cases of rape or incest, and in order to save the life of a woman. On June 28, Attorney General Drew Wrigley issued that certification, meaning that the near-total abortion ban will go into effect on July 28.
Ohio
Abortion is now largely prohibited in Ohio. Before Roe was overturned, state law permitted abortion up to 20 weeks’ gestational age. However, in 2019 Gov. Mike DeWine signed a law that banned abortion after the detection of a fetal heartbeat, typically around six weeks’ gestational age. A federal court challenge meant that law had never come into effect, but on June 24, a U.S. district court judge lifted the injunction, meaning the fetal heartbeat law came into immediate effect. Nationally, around 65% of abortions take place after six weeks. Therefore, most abortions are now effectively prohibited in Ohio. On June 29, abortion providers asked the state Supreme Court to suspend the implementation of the heartbeat ban, but the court rejected that request on July 1.
Oklahoma
Abortion is now prohibited in Oklahoma. Under SB 612 and SB 1555, once the state attorney general has certified that Roe has been overturned, a law will go into effect that imposes a potential maximum sentence of 10 years in prison for performing an abortion. The law contains an exception to save the life of a woman. On June 24, Attorney General John O'Connor issued that certification, meaning Oklahoma's abortion ban — the most restrictive in the country, along with South Dakota's — immediately came into effect.
Oregon
Abortion is still legal in Oregon. State law contains relatively strong and explicit protections for abortion access, and does not contain any substantial restrictions, such as gestational age limits.
Pennsylvania
Abortion is still legal in Pennsylvania, but its future is uncertain. State law permits abortion up until 24 weeks' gestational age, and after that point in order to save the life of the woman, or to prevent "substantial and irreversible impairment of a major bodily function." Suicide risk is excluded from that exception. In recent years, Republican state legislators have advanced bills to restrict abortion access, but Democratic Gov. Tom Wolf has vetoed them. In 2019, a fetal heartbeat bill did not advance beyond committee. The GOP controls both houses of the state legislature, but elections will be held in November. The identity of the next governor could now be crucial in determining the legal status of abortion in Pennsylvania in the coming years, with abortion-rights supporter Democrat Josh Shapiro facing stridently anti-abortion Republican Doug Mastriano.
Rhode Island
Abortion is still legal in Rhode Island. State law permits abortion up until fetal viability. With a Democratic governor in office, and both state legislative houses heavily dominated by Democrats, any potential significant restriction of abortion access appears a distant prospect.
South Carolina
Abortion is now largely prohibited in South Carolina. In 2021, Gov. Henry McMaster signed a law that banned abortions after the detection of a fetal heartbeat (roughly around six weeks' gestational age). The law allows exceptions for cases of rape and incest (but only up until 20 weeks' gestational age); in order to preserve the life or health of the woman; and in cases of fatal fetal anomaly. A U.S. District Court judge had issued an injunction preventing the ban from taking effect, but after Roe was overturned, the same judge on June 27 stayed that injunction, meaning the heartbeat ban took immediate effect.
South Dakota
Abortion is now prohibited in South Dakota. Under SD Codified Laws 22-17-5.1, the overturning of Roe triggered a law that bans performing abortions. The law contains an exception to prevent the death of a woman, making it the most restrictive abortion ban in the country, along with Oklahoma's.
Tennessee
Abortion is now largely prohibited in Tennessee, and will soon be almost entirely prohibited. Under Tenn. Code 39-15-213, 30 days after Roe is overturned, a law will go into effect that bans performing abortions. The law contains exceptions in order to prevent a woman’s death or "serious risk of substantial and irreversible impairment of a major bodily function.” That exception explicitly excludes suicide risk. Based on the 30-day delay in the law, that near-total ban should go into effect on July 24. Separately, a fetal heartbeat ban, which prohibits abortions after roughly six weeks' gestational age, came into effect on June 24. Since 2020, a federal court had prevented the law from coming into effect during the era of Roe, but with Roe now overturned, the same federal court lifted the suspension on the heartbeat ban, which will remain in effect until it is superseded by the other ban, which is scheduled to go into effect on July 24.
Texas
Abortion will soon be prohibited in Texas. Under TX Health and Safety Code, 170A, 30 days after Roe is overturned, a law will come into effect that bans performing abortions. The law contains an exception in order to prevent a woman's death or "a serious risk of substantial impairment of a major bodily function." That exception explicitly excludes suicide risk. In the interim, the state Supreme Court on July 1 ruled that a 1925 ban on abortion, which was unenforced during the era of Roe, but remained on the statute books, could now be enforced with regard to civil liabilities and penalties. The court said it would, later in July, rule on whether the 1925 law could be the basis of criminal prosecutions.
Utah
Abortion is now more restricted in Utah, and might soon be prohibited. Under Utah Code 76-7a-101 through 301, as soon as the state legislature’s general counsel certifies that Roe has been overturned, a law will come into effect that bans performing abortion. The law contains exceptions: for rape (though it must have been reported to law enforcement); for incest; to prevent a woman’s death or "substantial and irreversible impairment of a major bodily function"; where a fetus has a "uniformly lethal" defect or "severe brain abnormality." On June 24, the state legislature's general counsel, John Fellows, issued that certification, meaning the trigger law went into immediate effect. However, on June 27, a state court issued a 14-day restraining order on the trigger law, pending further hearings, meaning its implementation will be delayed for at least two weeks. Separately, a federal court on June 26 dismissed a lawsuit that had suspended the implementation of a 2019 law that bans abortion after 18 weeks' gestational age. That law is now in effect, pending the fate of the more extensive ban contained in the trigger law.
Vermont
Abortion is still legal in Vermont. State law contains relatively strong protections for abortion, and outlines an affirmative "fundamental right" to abortion access. Vermont state law contains no explicit, substantial restrictions on abortions, such as gestational age limits. In November 2022, Vermonters will vote on whether to enshrine abortion rights in the state's constitution, by way of a constitutional amendment.
Virginia
Abortion is still legal in Virginia. State law permits abortion up until the end of the second trimester, and after that point in order to preserve the life and health of the woman (including mental health). However, Republican Gov. Glenn Youngkin has said he would work with GOP state lawmakers to devise and introduce a 15-week abortion ban.
Washington
Abortion is still legal in Washington, and will likely remain so for a while. In 1991, voters passed a ballot measure that introduced the Reproductive Privacy Act, which affirms a “fundamental right” to abortion access, and permits abortion up until fetal viability (typically around 24 weeks). Earlier in 2022, Washington lawmakers further buttressed this law with House Bill 1851, which introduced legal protections for women and healthcare providers, designed to insulate them from culpability or liability in the event that Roe is overturned. Washington’s governor is Democrat Jay Inslee, and both its legislative houses are controlled by the Democrats.
West Virginia
Abortion will likely soon be prohibited in West Virginia. Before Roe was overturned, West Virginia law permitted abortions before 20 weeks’ gestational age, with certain restrictions. However, a law banning abortion in West Virginia has remained on the statute books since 1884, though it was not enforced during the era of Roe. Whether or not that 19th-century ban can immediately be enforced once again, the state’s constitution explicitly states that it does not contain a right to abortion, and both houses of the state legislature, as well as the governor’s mansion, are controlled by anti-abortion Republicans, so the repeal of existing abortion protections, and the enforcement of abortion bans are inevitable, if not imminent.
Wisconsin
Abortion might soon be prohibited in Wisconsin. Before Roe was overturned, Wisconsin law permitted abortions before 20 weeks’ gestational age, with certain restrictions. However, a law banning abortion in Wisconsin has remained “on the books” since 1849, despite not being enforced during the era of Roe. The overturning of Roe might mean that prohibition is enforced once again, but Wisconsin’s Democratic Attorney General has said he will not enforce it, and on June 28 he asked a state court to declare the 1849 ban unenforceable. As of July 5, that case was pending.
Wyoming
Abortion will soon be prohibited in Wyoming. Under Wyoming Statutes 35-6-102, five days after the state governor certifies that Roe has been overturned, a law will come into effect that bans performing abortions. The law contains exceptions in cases of incest and sexual assault, and in order to prevent a woman’s death or "substantial and irreversible physical impairment of a major bodily function.” That exception explicitly excludes suicide risk. As of July 5, Republican Gov. Mark Gordon had not yet issued that certification, but the implementation of the trigger law appears inevitable, barring any potential future court challenges.