Can You Cross State Lines To Get an Abortion?

A woman learns that she is pregnant. She and her partner decide to end the pregnancy. Then, they discover a new law has made abortion illegal in their state. Can they travel to another state to get an abortion?

Here, we discuss some legal issues surrounding out-of-state travel for abortion care. The laws on abortion and other reproductive rights are constantly changing. Please speak to an experienced abortion rights lawyer near you to learn more about your state’s laws.

The Current State of Abortion Law in the United States

In 1973, the U.S. Supreme Court decided Roe v. Wade. Roe held that abortion was a fundamental right protected by the Constitution. As such, states could restrict but not ban abortion services. In 2022, another Supreme Court decision, Dobbs v. Jackson Women’s Health Organization, held that abortion was no longer a constitutional right. As such, states were free to either allow abortion or forbid it altogether. 

Since 2022, states have taken a variety of approaches to abortion access: 

• Fourteen states have enacted total abortion bans. This includes Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia.
• Seven states have limited abortion at various points during the first 18 weeks of pregnancy. This includes Arizona, Florida, Georgia, Nebraska, North Carolina, South Carolina, and Utah.
• The remaining 29 states and Washington, D.C., allow abortions after 19 weeks. 

Given the different state laws, it isn’t difficult to see why a pregnant person might consider crossing state lines for abortion care.

Can I Go to Another State To Get an Abortion?

Absolutely. The U.S. Constitution protects every American’s right to travel freely from state to state. This right to interstate travel is why you don’t need a passport to go from New York to New Jersey. Even better, once you arrive in a new state, you have the same rights as the state’s permanent residents. 

This right to travel means you have the right to get an abortion when you travel to a state where abortion is legal. Lawmakers in states with strict abortion bans have championed laws that make it more challenging to see out-of-state abortion providers. However, none of these laws apply directly to pregnant people. Also, one of the justices who supported overturning Roe did so because he believed that the right to travel would allow continued access to abortion care. So, at present, it appears that any pregnant person can travel to any state to obtain abortion-related health care. 

Can I Take an Adult to Another State To Get an Abortion? 

Generally, yes. However, Texas and Alabama have laws that punish people who help adult abortion seekers cross state lines.

Here’s how the Texas law works: Alex knows that Bob helped Caroline get an abortion. Alex can file a lawsuit against Bob. If Bob loses, they must pay Alex a minimum of $10,000. Though the Texas law doesn’t directly target out-of-state procedures, helping someone get to an abortion clinic—whether in Texas or another state—would seem to fall within its scope.

Currently, Alabama is the only state that directly penalizes people who help others leave the state in search of a legal abortion. The Alabama law allows anyone who knows that you took someone to a neighboring state for an abortion to sue you and collect a minimum of $10,000.

If you just want to help a friend or loved one in need, these laws are cause for concern. But, thus far, they have been quite challenging to enforce. It could violate travel rights and reproductive health advocates’ First Amendment free speech rights. Legal scholars also believe that such laws might unnecessarily interfere with interstate commerce. This is something the Constitution does not allow. 

Though no final rulings have been issued yet, the Alabama and Texas laws will continue to face constitutional challenges. An experienced family law lawyer can keep you updated about any similar laws near you.

Can I Take a Child to Another State for an Abortion? 

Most likely, yes. This is particularly true if you’re their parent. However, Idaho and Tennessee have passed laws that prevent adults from taking minors across state lines for abortion services. The Idaho and Tennessee laws make it a crime for anyone other than a parent to take a minor out of state without parental permission. 

Grandparents, aunts, uncles, and older siblings may wonder how laws like these affect their efforts to help a young person get an abortion. A recent federal court ruling paused enforcement of the Idaho law because it infringed on the free speech and other constitutional rights of the adults involved. Remember that a permanent decision or higher court ruling could change this. Talk to a local reproductive rights attorney to stay informed about the latest legal changes in your state. 

Ask an Attorney About Going Out of State for an Abortion 

Abortion and interstate travel laws can be confusing. The legal landscape is constantly changing because many of these laws are new. If you’re concerned about traveling out of state for an abortion or helping someone else get an abortion in another state, speak to a lawyer immediately. Use the LawInfo directory to find a reproductive rights attorney near you.