States Where Abortion Is Legal

Reproductive rights laws have changed drastically in the past few years. States have passed a flood of new laws on abortion access and related issues. With each new law, what once seemed clear becomes slightly more confusing. 

We explain when and where abortion is legal in America. However, state constitutional amendments, ballot measures, and court rulings can change state abortion laws overnight. A local reproductive rights attorney can tell you about new laws and how they might affect your situation. 

Current State of Abortion Law in America

In 1973, the U.S. Supreme Court decided Roe v. Wade. Roe held that abortion was a fundamental right under the Constitution. Because the Constitution is the supreme law of the land, making abortion a constitutionally protected right meant that states could limit, but not forbid, abortion access. 

In 2022, another Supreme Court decision, Dobbs v. Jackson Women’s Health, held that abortion was no longer a constitutional right. Because it was no longer constitutionally required, states could decide whether to allow abortion or ban it altogether. So, today, whether a pregnant person has abortion access depends almost entirely on the laws of the state where they live. 

Which States Allow Legal Abortions? 

Since 2022, states have developed a variety of approaches to abortion. These can be broken down into five categories based on the time limits on abortion access.

• States that ban abortion at any time during pregnancy: Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia 
• States that ban abortion after six weeks’ gestation: Florida, Georgia, Iowa, and South Carolina
• States that ban abortions between 12-18 weeks of pregnancy: Arizona (15 weeks), Nebraska (12), North Carolina (12), and Utah (18) 
• States that ban abortions at or near viability: In reproductive health care, “viability” is the point at which a fetus can survive outside the uterus. Doctors usually consider a fetus to be viable at around 24 weeks gestation.
  • Some states use weeks: Kansas (22 weeks), Massachusetts (24), Nevada (24), New Hampshire (24), New York (24), Ohio (22), Pennsylvania (24), and Wisconsin (22)
  • California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Montana, Rhode Island, Washington, and Wyoming all ban abortions after “viability” 
  • Virginia bans abortions after the third trimester, which begins at 27 weeks
• States with no time limits on abortion: Alaska, Colorado, New Jersey, New Mexico, Oregon, Vermont, and Washington, D.C.

Can I Get an Abortion in a State With a Total Abortion Ban? 

It will be difficult but not impossible. You’ll need to understand the exclusions and exceptions in your state’s abortion laws. 

Exclusions

Many states exclude certain circumstances from their definitions of abortion. This is particularly true for states with strong abortion restrictions. In other words, the state uses the definition of abortion to turn something that would otherwise be illegal into something that is allowed.

For example, Alabama has a total abortion ban. However, Alabama law also says that abortion “does not include” actions taken to address certain conditions. Conditions include a severe health risk to the pregnant person or a lethal fetal anomaly. So, in Alabama, if a pregnant woman’s doctor discovers that the pregnancy will certainly cause her death if it continues, the procedure would not be an abortion under Alabama law. 

Exceptions

Nearly all state abortion laws include exceptions. These procedures are abortions, but they are allowed under the law. Common exceptions include: 

• Risk to the pregnant person’s life 
• Risk to the pregnant person’s health 
• Rape 
• Incest
• Fetal anomalies

For example, Idaho completely banned all abortions. However, Idaho law makes exceptions for pregnancies resulting from rape or incest. So, an Idaho abortion provider wouldn’t be punished for performing an abortion on a rape victim. 

Can I Get an Abortion After My State’s Legal Time Limit?

Maybe. When exceptions apply, some states provide additional time for a pregnant person to get an abortion. For example:

• Florida bans abortions after six weeks but allows abortions to address fetal anomalies until the beginning of the third trimester. 
• Georgia also prohibits abortions after six weeks but extends this time to 20 weeks for cases of rape and incest. 

Every state law on abortion contains an exception to protect the life of the pregnant person. Some states’ laws also include conditions that aren’t life-threatening, but that could seriously affect a pregnant person’s health. These exceptions usually don’t have time limits. So, they may apply even after fetal viability. Some states ban abortion methods that are often used later in pregnancy. So, you’ll have to talk to your doctor about how they’ll perform the procedure.  

Bottom line: Your state might extend the time for an abortion in certain circumstances. An experienced reproductive rights attorney can tell you more. 

How Can I Learn More About Abortion Laws in My State? 

You can learn about your state’s abortion laws in several ways. Many nonprofits that support abortion rights, such as Planned Parenthood, provide information about local abortion laws on their websites. Your doctor’s office might also have up-to-date information. 

While these are good places to start searching, they shouldn’t be the end. Laws are confusing. Doctors and hospitals often interpret laws in ways that protect their interests. This means they might deny you abortion care even though they can legally do so. If you were denied abortion services that you’re entitled to under state law, you have legal rights. Use the LawInfo directory to find a reproductive rights attorney near you who can help you understand your rights under your state’s law.