Abortion law by state: What are the rules in each US state?
ROE V. WADE made abortion legal in the US and has been the center of a decades-long debate.
The 1973 landmark decision was overturned by the United States Supreme Court on June 24, 2022, abolishing a woman's constitutional right to abortion.
What are the abortion laws in each US state?
After a leaked legal document obtained by in May revealed some judges wanted Roe v. Wade scrapped - SCOTUS has finally spoken.
On June 24, the Supreme Court decided to officially overturn the 1973 landmark decision.
"Roe was egregiously wrong from the start," Justice Samuel Alito wrote for the majority, via .
"Its reasoning was exceptionally weak, and the decision has had damaging consequences."
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Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and Chief Justice John Roberts voted with Alito.
The three Democratic-appointed justices - Stephen Breyer, Elena Kagan, and Sonia Sotomayor - dissented in a 6-3 ruling.
Alito wrote: “We hold that Roe and Casey must be overruled.
"The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitution provision…”
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With Roe v Wade overturned, there are 21 states, mainly in the South and Midwest, that have "trigger laws" allowing them to ban abortion.
While the details differ in those 21 states, all of them would become automatic upon any overturning.
Most would ban abortion outright with limited exceptions — such as medical emergencies or in cases of rape and incest.
They are currently in place in Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and Utah.
Here's what the laws say in the various states:
California, Colorado, Oregon, Vermont
Abortion is legal in these states.
There are few to no restrictions and abortion is accessible - although the number of clinics offering the opportunity has declined over the past few decades.
California: The abortion period extends to 24 to 26 weeks.
Colorado, Oregon, and Vermont: There is no abortion time limit
Alaska, New Jersey, New Mexico
Alaska, New Jersey, and New Mexico have legalized abortion with few to no restrictions.
However, the Targeted Regulation of Abortion Providers (TRAP) Laws vary.
Alaska and New Mexico abortions must be performed by a licensed physician.
In New Jersey, they must also be performed by a licensed physician at a hospital at 14 weeks.
In all three states, there is no abortion time limit
Hawaii, Washington
In these states, the gestation ban is set at 24 to 26 weeks.
Hawaii first legalized abortion in 1970 and was the first state to do so.
Parental consent is not required in either state at any age.
Maine
In Maine, the gestation ban is 24 to 26 weeks.
Minors must have written consent from one parent or guardian before having a termination.
New York
Abortions have been legal in New York since 1970, with the gestation ban set at 24 to 26 weeks
In January 2019, the Reproductive Health Act was introduced, effectively decriminalizing abortion.
Surgical abortions must be carried out by a licensed physician.
New York requires no parental consent, other than that of the person having the procedure.
Connecticut
Connecticut does not require parental consent, but minors must attend counseling before a termination.
The gestation ban is set at 24 to 26 weeks and be performed at a hospital at viability.
Nevada
Abortion is legal and accessible in Nevada with the gestation period set at 24 weeks.
However, State Medicaid funding of abortion services is prohibited outside of narrow exceptions, such as in cases of life endangerment, rape, or incest.
Maryland
Abortion is legal in the state of Maryland with the gestation period set at 24 weeks.
However, there is one small catch.
Parental notification is required, meaning that a parent must be informed of abortion on anyone under 18 before it is performed.
Montana
Abortion is legal in Montana but, like in Maryland, parents must be notified before an abortion on a minor is performed.
However, there is a judicial bypass available, where those who can't tell their parents about their decision to have an abortion can file a petition to excuse them from required parental notification requirements.
The right to an abortion is being threatened after a 20-week ban request was put on hold by a judge, reports.
Delaware, Illinois, New Hampshire
Like Montana, these states require parental notification unless the minor is exempt under a judicial bypass, but there is one additional restriction.
In Delaware and New Hampshire, State Medicaid funding of abortion services is prohibited outside of narrow exceptions, such as in cases of life endangerment, rape, or incest.
In Illinois, there are similar financial limitations, given that insurance offered on the state health care exchange that was established under the Affordable Care Act (Obamacare) restricts coverage of abortion.
Delaware and Illinois: The abortion period extends to 24 to 26 weeks.
New Hampshire: The abortion period extends to 24 weeks.
Wyoming
Wyoming has a trigger law and is expected to have a complete ban or severe restrictions on abortions once officials certify the new law.
The current gestation period is 24 to 26 weeks and parents must, by law, not only be notified but also give their consent to an abortion on a minor before it is carried out.
State Medicaid funding is also prohibited outside of narrow exceptions, such as in cases of life endangerment, rape, or incest.
Massachusetts, Minnesota
In these states, parental consent must also be provided by law, but there is a judicial bypass available, where minors can file a petition to excuse them from required parental consent requirements.
In Minnesota, patients must also wait 24 hours between receiving state-mandated abortion counseling and obtaining an abortion.
Massachusetts: The abortion period extends to 24 to 26 weeks
Minnesota: The abortion period extends to 24 weeks.
Arizona, Idaho, Michigan, North Carolina, Rhode Island, Utah
In these states, parental consent must also be provided by law, but there is a judicial bypass available, where minors can file a petition to excuse them from required parental consent.
These states also have restrictive laws on insurance and State Medicaid funding, meaning that abortions can be a huge financial burden.
All of these states have required waiting times for patients ranging between 24-72 hours, with at least two visits to the clinic required in some states.
Florida
Abortion rights are threatened in Florida after Governor Ron DeSantis moved to limit abortions to 15 weeks.
A judge struck down the law saying banning abortions at 15 weeks is unconstitutional.
On July 1, 2022, the aforementioned abortion limits were ruled unconstitutional and moved up to a 24-week period in lieu of a 15 week.
DeSantis' spokesperson told : "While we are disappointed with today’s ruling, we know that the pro-life HB 5 will ultimately withstand all legal challenges."
Missouri (banned)
Virginia
Abortion rights are threatened after Governor Glenn Youngking said he intends to set a 15-week limit on abortions.
However, Democrats, who control the state senate said they will not agree to compromise by reducing the gestation period.
Currently, the abortion limit in Virginia is the third trimester.
Georgia, Iowa, South Dakota, West Virginia
In these states, abortion is banned at or around 20 weeks, meaning that it is illegal to undergo the procedure after that time.
Depending on the circumstances there may be certain limited exceptions, but there are also a number of other restrictions.
Parents must be notified unless the minor is exempt under a judicial bypass, insurance, and State Medicaid funding limitations apply and all states require a waiting time of between 24-72 hours with the exception of Iowa.
Alabama, Arkansas, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Wisconsin
In these states, abortion is banned at or around 20 weeks, meaning that it is illegal to undergo the procedure after that time.
Not only that but all of the states listed also required parental consent for the procedure to go ahead unless the minor is exempt under a judicial bypass.
Each state also mandates a waiting period ranging between 18-72 hours with a minimum of two clinic visits required by some.
All states except Alabama place legal restrictions on insurance and State Medicaid funding, prohibiting the financial coverage of abortion.
Texas
Texas is so far the only state to make abortion illegal after six weeks of pregnancy.
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Due to a controversial abortion ban, Texas health centers can only provide abortion services within six weeks of the first day of the patient's last period - a time before which some women know they are pregnant.
Insurance and State Medicaid funding restrictions are also in place, parental consent is required with the exception of a judicial bypass, and patients must wait 24 hours and take two trips to the clinic in order to receive the abortion.