Abortion law by state: What are the rules in each US state? | The Sun
ROE V. WADE made abortion legal in the US and has been the center of a decades-long debate.
On June 24, 2022, the 1973 landmark decision was overturned by United States Supreme Court – ultimately eliminating the constitutional right to abortion.
After a leaked legal document obtained by Politico in May revealed some judges wanted Roe v. Wade scrapped – SCOTUS has finally spoken.
On Friday, 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 USA Today.
"Its reasoning was exceptionally weak, and the decision has had damaging consequences."
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Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and 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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Abortion laws by US state
Should Roe v Wade get overturned, there are 21 states, mainly in the South and Midwest, that have "trigger laws" allowing them to ban abortion, should the decision be passed.
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.
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.
Hawaii, Washington
In these states, the gestation ban is set at 24 weeks.
Hawaii began allowing abortion in 1970, 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 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.
In January 2019, the Reproductive Health Act was introduced, and it decriminalized 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 weeks and be performed at a hospital at viability.
Nevada
Abortion is legal and accessible in Nevada with few to no restrictions.
There is a financial drawback, 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 but 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 Maryland, parents must be notified before an abortion on a minor is performed.
However, there is a judicial bypass available, where youngsters 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.
Colorado, 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 Colorado, 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.
Wyoming
In Wyoming, 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.
Arizona, Florida, Idaho, Michigan, Missouri, North Carolina, Pennsylvania, Rhode Island, Tennessee, Utah, Virginia
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 except Florida have required waiting times for patients ranging between 24-72 hours, with at least two visits to the clinic required in some states.
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.
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