Editor's note:The recent and unprecedented leak of a draft decision by the Supreme Court of the United States that would overturn 1973's landmark Roe v. Wade ruling could dramatically alter the state of reproductive health care in America. The removal of federal protection for abortion rights would be a seismic shift with far-reaching implications. As the world's largest sexual health platform, Giddy is committed to thorough and fact-based coverage of this issue. Here, we present the third in an ongoing series of data-driven articles exploring the changing landscape of abortion rights and its effects on sexual health in America.
All across the country, Americans are awaiting the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. The decision, which is expected sometime in June, could overturn abortion rights that have been guaranteed in this country since the court's landmark 1973 decision in Roe v. Wade.
Justice Samuel Alito's draft opinion in the case was leaked in early May and argued that "Roe was egregiously wrong from the start." If the other conservative justices vote in line with Alito, Roe will be overturned.
Ahead of the decision, several states, such as Oklahoma, have already begun rolling back abortion rights, and many more are poised to severely limit abortion or restrict it entirely. Some have "trigger bans"—laws created after Roe that will automatically ban abortion if it is overturned—while others have pre-Roe legislation still on the books that will be able to be enforced again.
Here we take a look at the state of abortion at the state level, including current restrictions such as targeted regulation of abortion providers (TRAP) laws, parental notification or consent for minors, biased counseling requirements, mandatory ultrasound and waiting periods. We also look at the laws that are likely to go into effect if the Supreme Court overturns Roe, according to the Center for Reproductive Rights.
Currently, an abortion can be performed up to 22 weeks after the last menstrual period. After this point, an abortion can only be performed in cases of life endangerment (for the mother) or severely compromised physical health.
Current restrictions include TRAP laws, parental consent for minors, biased counseling requirements, mandatory ultrasound and a 48-hour waiting period.
In 2019, Alabama attempted a total abortion ban without exception, which it will likely enforce if Roe is overturned or weakened.
Abortion has been legal in Alaska under the state constitution since 1997. It is legal at all stages of pregnancy and is likely to remain so even if Roe is overturned. Current restrictions include TRAP laws.
In March 2022, Arizona passed a 15-week abortion ban with an exception for medical emergencies but not for rape or incest. The ban is expected to take effect in late summer. Restrictions include TRAP laws, parental consent for minors, biased counseling requirements, mandatory ultrasound and a 24-hour waiting period.
There is also a pre-Roe total ban on the books, and the new law states explicitly that it does not overrule the older law, which Arizona is likely to enforce again if Roe falls.
Abortion is legal up to 22 weeks after the last menstrual period. Restrictions include TRAP laws, parental consent for minors, biased counseling requirements, mandatory ultrasound and a 72-hour waiting period.
In 2021, Arkansas attempted to enact a total ban that is temporarily enjoined but will likely take effect if Roe is overturned. The state also has a pre-Roe ban on the books.
Abortion has been legal under the California State Constitution since 1969, four years before Roe. It is legal up to fetal viability and is likely to remain so.
Abortion is legal at all stages of pregnancy. In 2022, Colorado passed statutory protections that state abortion is a fundamental right. Restrictions include TRAP laws and parental notification for minors.
Abortion is legal up to fetal viability and is likely to remain so. It is protected under state law, and Connecticut expanded protections in 2022 for abortion providers and those who perform or assist in reproductive healthcare services. Restrictions include TRAP laws.
Abortion is legal up to fetal viability and is likely to remain so. State law includes express protections for abortion, and the state repealed its pre-Roe ban in 2021. Restrictions include TRAP laws and parental notification for minors.
Abortion is legal up to fetal viability, however, a 15-week ban that passed in 2022 is set to go into effect July 1. Abortion protections are unlikely to be overturned completely, though, as the right to an abortion is protected under the state constitution.
Restrictions include TRAP laws, parental consent and notification for minors, biased counseling requirements, mandatory ultrasound and a 24-hour waiting period.
Abortion is legal up to 22 weeks after the last menstrual period. Restrictions include TRAP laws, parental consent for minors, biased counseling requirements and a 24-hour waiting period.
Georgia is likely to attempt to repeal abortion rights. In 2019, the state tried to enact a six-week ban. Though the courts permanently enjoined that law, it could be enforced if Roe is overturned. There is also a pre-Roe total ban on the books, but the Supreme Court struck down parts of it in the 1973 Doe v. Bolton case.
Abortion is legal up to fetal viability and is likely to remain so with no restrictions. Hawaii legalized abortion three years before Roe—in 1970—and has expanded access over the years.
Abortion is legal up until fetal viability. Restrictions include TRAP laws, parental consent for minors, biased counseling requirements and a 24-hour waiting period.
In 2020, Idaho enacted a trigger law that will ban abortion entirely if Roe is overturned. In 2022, the state also passed a copycat law modeled on Texas' Senate Bill 8 ban that would allow people to sue abortion providers.
Abortion is legal up until fetal viability and is likely to remain so, as the right to abortion has been protected under the Illinois State Constitution since 2019.
Restrictions include TRAP laws. The parental notification requirement for minors was repealed by the state Legislature in 2021 and enacted on June 1, 2022.
Abortion is legal up to 22 weeks after the last menstrual period. Restrictions include TRAP laws, parental consent for minors, biased counseling requirements, mandatory ultrasound and an 18-hour waiting period.
The state is expected to try to prohibit abortion if Roe is overturned, though no trigger bans or pre-Roe laws are on the books.
Abortion is legal up to 22 weeks after the last menstrual period and is likely to remain so, as the Iowa Supreme Court has recognized the right to abortion in the state constitution.
Restrictions include TRAP laws, parental notification for minors, biased counseling requirements and mandatory ultrasound.
Abortion is legal up to 22 weeks after the last menstrual period and will remain so as long as the state constitution is not amended. In 2019, the Kansas Supreme Court ruled that a pregnant person has a right to personal autonomy.
Restrictions include TRAP laws, parental consent for minors, biased counseling requirements and a 24-hour waiting period.
Abortion is legal up to 22 weeks after the last menstrual period. Restrictions include TRAP laws, parental consent for minors, biased counseling requirements, mandatory ultrasound and a 24-hour waiting period.
In 2022, Kentucky enacted a 15-week ban, but that law is currently enjoined. Additionally, there is a 2019 trigger law on the books that would ban all abortions if Roe is overturned.
Abortion is legal up to 22 weeks after the last menstrual period. Restrictions include TRAP laws, parental consent for minors, biased counseling requirements, mandatory ultrasound and a 24-hour waiting period.
In 2006, the state enacted a trigger ban that will prohibit abortion with few exceptions if Roe is overturned. The state constitution expressly does not protect the right to abortion.
Abortion is legal up to fetal viability and is likely to remain so. State law protects the right to an abortion, and the few restrictions in place include TRAP laws and parental consent for minors.
Abortion is legal up to fetal viability and is likely to remain so. State law includes express protections for abortion, and there are few restrictions in place. They include TRAP laws and parental notification for minors.
Abortion is legal up to 24 weeks after the last menstrual period and is likely to remain so. Restrictions include parental consent for minors. The right to an abortion has been recognized by the Massachusetts Supreme Court in the state constitution, and in 2021, Massachusetts expanded protections with comprehensive abortion rights legislation.
Abortion is legal up until fetal viability. Restrictions include TRAP laws, parental consent for minors, biased counseling requirements and a 24-hour waiting period.
Michigan has a pre-Roe abortion ban on the books that is currently blocked but will likely be enforced if Roe falls.
Abortion is legal until fetal viability and is likely to remain so. The right to abortion has been recognized by the Minnesota Supreme Court in the state constitution. Restrictions include TRAP laws, parental notification for minors, biased counseling requirements and a 24-hour waiting period.
Abortion is legal up to 20 weeks after the last menstrual period. Restrictions include TRAP laws, parental consent for minors, biased counseling requirements, mandatory ultrasound and a 24-hour waiting period.
If Roe is overturned, the state is likely to prohibit abortion. In 2007, Mississippi enacted a trigger ban. The state also has a pre-Roe ban on the books. The state's Dobbs v. Jackson Women's Health Organization case is the focal point of the Supreme Court debate. Mississippi appealed a lower court ruling that struck down as unconstitutional the state's law banning abortion after 15 weeks of pregnancy.
Abortion is legal until fetal viability. Restrictions include TRAP laws, parental consent for minors, biased counseling requirements, mandatory ultrasound and a 72-hour waiting period.
Missouri is likely to prohibit abortion if Roe is overturned. The state enacted a trigger ban in 2019.
Abortion is legal up until fetal viability and is likely to remain so. The Montana Supreme Court has recognized "procreative autonomy" in the state constitution, which protects the right to an abortion.
Restrictions include TRAP laws and parental notification for minors. In 2021, Montana passed legislation to further restrict abortion access, including a 24-hour waiting period and a biased counseling requirement, but these restrictions are currently enjoined.
Abortion is legal up to 22 weeks of pregnancy, and while a trigger law was narrowly defeated by a filibuster in the state Legislature, the Center for Reproductive Rights says the state is likely to try to prohibit abortion if Roe is overturned. A telemedicine ban is in place. Restrictions include TRAP laws for facilities, parental consent for underage pregnant people, mandatory ultrasound and counseling, and a 24-hour waiting period.
Abortion is legal up to 26 weeks and is likely to remain so if Roe falls. In 1990, the state passed a referendum safeguarding the right to abortion.
Abortion is legal up to 24 weeks. While the state repealed a pre-Roe ban, New Hampshire law does not protect the right to abortion. Restrictions include TRAP laws for facilities, parental notification for underage pregnant people and mandatory ultrasound.
Abortion is legal at all stages of pregnancy. In 2022, the state passed legislation protecting the right to abortion.
Abortion is legal at all stages of pregnancy. However, state law has not protected the right to abortion, and abortion rights may weaken if Roe is overturned.
Abortion is legal up until fetal viability. In 2019, New York passed comprehensive legislation protecting the right to abortion.
Abortion is legal up until fetal viability. The state has a pre-Roe ban that, if enacted, would prohibit abortion entirely. Telemedicine abortion is prohibited. Restrictions include TRAP laws for facilities, parental consent for underage pregnant people, mandatory counseling and a required 72-hour waiting period.
Abortion is legal up to 22 weeks. There is a telemedicine ban in place. The state has a trigger ban in place to prohibit abortion in almost all situations if Roe is overturned. Restrictions include TRAP laws for facilities, parental consent for underage pregnant people, mandatory counseling and ultrasound, and a 24-hour waiting period.
Abortion is legal up to 22 weeks after the last menstrual period. In 2019, the state passed a six-week ban that is currently not in effect. If Roe is overturned, abortion is likely to be further prohibited in Ohio. Restrictions include TRAP laws for facilities, parental consent for underage pregnant people, mandatory counseling and a required 24-hour waiting period.
As of May 2022, abortion is illegal at every stage in Oklahoma. The state has a similar ban to Texas' S.B. 8, which allows private citizens to sue abortion providers or helpers. A trigger ban is in place to continue to prohibit abortion if Roe is overturned.
Restrictions include TRAP laws for facilities, parental consent for underage pregnant people, mandatory counseling and ultrasound, and a required 72-hour waiting period.
Abortion is legal at all stages of pregnancy. Oregon state law protects the right to abortion, and additional laws have been passed to expand access.
Abortion is legal up to 24 weeks, but protections will likely be weakened if Roe is overturned. State law does not protect the right to abortion. Restrictions include parental consent for underage pregnant people, mandatory counseling and a 24-hour waiting period.
Abortion is legal up until fetal viability and will remain legal if Roe falls. The state passed a law to protect abortion in 2019. Parental consent for underage pregnant people is currently required.
Abortion is legal up to 22 weeks after the last menstrual period. A six-week ban was passed in 2021 that is currently not in effect but is likely to be enacted if Roe is overturned. Self-managed abortion is criminalized. Telemedicine abortion is banned. Restrictions include TRAP laws for facilities, parental consent for underage pregnant people, mandatory counseling and a 24-hour waiting period.
Abortion is legal for up to 22 weeks in South Dakota. The state has a trigger ban in place to prohibit almost all abortions if Roe is overturned. There is also a telemedicine ban in place. Restrictions include required parental notification for underage pregnant people, mandatory counseling and a 72-hour waiting period.
Abortion is legal up to 20 weeks after the last menstrual period. A telemedicine abortion ban is in place. A trigger ban was passed in 2019 to prohibit abortion in almost all situations if Roe is overturned. Restrictions include TRAP laws for facilities, required parental notification for underage pregnant people, mandatory counseling and a 48-hour waiting period.
In 2021, Texas passed Senate Bill 8, which prohibits abortion after six weeks and authorizes citizens to sue anyone who performs or facilitates an illegal abortion. A trigger ban is in effect to ban almost all abortions if Roe is overturned. Restrictions include TRAP laws for facilities, required parental consent for underage pregnant people, mandatory ultrasound and counseling, and a 24-hour waiting period. Telemedicine abortion is prohibited.
Abortion is legal up to 18 weeks of pregnancy. The state passed a trigger law in 2020 that would ban almost all abortions if Roe is overturned. Restrictions include TRAP laws for facilities, required parental consent for underage pregnant people, mandatory counseling and a 72-hour waiting period.
Abortion is legal at all stages of pregnancy. In 2019, the state passed legislation protecting the right to abortion.
Abortion is legal in the first and second trimesters without restriction and in the third trimester in certain situations. While abortion is not protected in Virginia, there are no trigger bans in place and it will continue to be allowed if Roe is overturned. Restrictions include TRAP laws for facilities and parental notification for underage pregnant people.
Abortion is legal for any reason up to fetal viability and will remain so if Roe is overturned. State law protects the right to abortion, and numerous policies are in place to expand abortion access.
Abortion is legal up to 22 weeks but is likely to be prohibited if Roe is overturned. A 2018 amendment to the West Virginia Constitution states that there is no right to abortion. Restrictions include TRAP laws for facilities, a required 24-hour waiting period, parental notification for underage pregnant people, and mandatory ultrasound and counseling. Telemedicine abortion is prohibited.
Abortion is legal up to 22 weeks. Wisconsin does not have a trigger ban, but lawmakers may try to prohibit the procedure if Roe is overturned. Restrictions include TRAP laws for facilities, a required 24-hour waiting period, and mandatory counseling and ultrasound. Telemedicine abortion is prohibited.
In 2022, the state enacted a trigger ban to prohibit abortion in nearly all situations if Roe is overturned. Restrictions include TRAP laws for facilities, parental involvement and consent for underage pregnant people, and mandatory ultrasound.
Abortion is legal in all stages of pregnancy. If Roe is overturned, abortion will continue to be protected in Washington, D.C., unless Congress issues new restrictions.
These are the current laws and restrictions in place for each state at the time of writing. The nature of abortion in America means legislation will continue to change. If you are unsure about the legality of abortion in your state, check with the Center for Reproductive Rights, a global legal advocacy organization headquartered in New York City, or your local abortion clinic.
Abortion is a medical procedure that is currently illegal or restricted in some portions of the United States. For more information about the legality of abortion in your area, please consult a local healthcare provider.
