In exactly one month, voters across the United States will cast their ballots – and for residents of 10 of those states, those ballots will include questions about the future of abortion. For nearly 50 years, the U.S Supreme Court’s decision in Roe v. Wade established that a person’s individual right to an abortion was protected by the U.S Constitution. The U.S Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in 2022, however, overturned that prior ruling, leaving states with the power to regulate abortion.
Since then, 20 states have banned or restricted abortions, seven states have already voted on abortion rights, and multiple states have abortion-related laws and guidelines that simply aren’t clear. For example, four states (Arkansas, Mississippi, Oklahoma, and South Dakota) allow abortions only to save a pregnant person’s life but not to improve her health. Healthcare professionals then have to decide – sometimes in the middle of a medical emergency – whether an abortion would qualify as life-saving or, in other words, legal or not. They are then liable if they have found to have broken the law and could face punishments such as fines, jail sentences, loss of license, or a combination of the three.
This state-by-stage guide aims to clear up some unknowns about abortion, such as where it is legal, what exceptions might exist, what lawsuits or laws are pending, and what voters – and the rest of the U.S population – should know in advance of Election Day.
Alabama: Abortion is illegal as of June 24, 2022.
The exceptions to this ban are to preserve the pregnant person’s life or health: both physical and mental. Alabama is actually the only state that explicitly includes mental health concerns as an exception to its abortion ban but requires that a psychiatrist both to diagnose the pregnant individual with a “serious mental illness” and to document that her mental health condition could cause her to engage in behavior that might threaten her life or that of the fetus.
There are no exceptions to the abortion ban for fatal fetal anomalies or in cases of rape and/or incest.
Alaska: Abortion is legal with no limits on when the pregnancy can be terminated.
Those seeking an abortion have no waiting period. For minors, parental/guardian involvement isn’t required.
Arizona: Abortion is legal up to 15 weeks.
Those seeking an abortion before then have a 24-hour waiting period between when they receive in-person counseling from their abortion provider and when they can receive an abortion. For minors, a parent/guardian must give permission before the abortion.
In September 2024, Democratic Governor Katie Hobbs signed the legislature’s repeal of an 1864 near-total abortion ban.
Arizona residents will be also be voting on Arizona Proposition 139, the Right to Abortion Initiative. Voting “yes” will amend the state Constitution to provide the fundamental right to abortion before the point of fetal viability (which is usually between 22 and 26 weeks and marks the point where the fetus has a high chance of surviving outside the uterus without any significant medical intervention) unless “justified by a compelling state interest” (such as improving or maintaining the health of the individual seeking an abortion). Voting “no” would oppose adding this Amendment.
Arkansas: Abortion is illegal as of June 24, 2022.
The exception to this ban is to save a pregnant person’s life. There are no exceptions for risks to the pregnant person’s physical health, for fatal fetal anomalies, or for rape and/or incest.
Arkansans for Limited Government tried to get an abortion rights amendment on the ballot in 2024. If passed, the amendment would’ve legalized abortion up to 18 weeks and protected abortion access after that time period in the cases of risks to the pregnant person’s life or health, for fatal fetal anomalies, and for rape and/or incest. In August 2024, the Arkansas Supreme Court ruled that Arkansans for Limited Government had failed to file the paid canvasser training certification and had failed to comply with state law so the amendment wouldn’t appear on the 2024 ballot.
California: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors, parental/guardian involvement isn’t required.
In 2022, California residents passed California Proposition 1, the Right to Reproductive Freedom Amendment, which supported amending the state Constitution to prohibit the state from interfering with or denying an individual’s reproductive freedom, including the right to an abortion. The Proposition passed with 67% support.
Colorado: Abortion is legal with no limits on when the pregnancy can be terminated.
Those seeking an abortion have no waiting period. For minors, a parent/guardian or adult relative (if the minor lives with that relative and not with one or both parents) must be informed at least 48 hours before the abortion.
Next month, residents will vote on Colorado Amendment 89, the Right to Abortion and Health Insurance Coverage Initiative. Voting “yes” would both enshrine a right to abortion in the Colorado Constitution and allow the use of public funds for abortion. Voting “no” would oppose adding this Amendment and would uphold a current constitutional provision that bans the use of public funds for abortion.
A 55% supermajority vote is required for approval.
Connecticut: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors, there is no parental/guardian involvement required.
Delaware: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors under 16, a parent/guardian, grandparent, or mental health professional must be notified.
Florida: Abortion is legal up to six weeks.
Those seeking an abortion before then have a 24-hour waiting period between when they receive in-person counseling from their abortion provider and when they can receive an abortion. For minors, a parent/guardian must be notified at least 48 hours before and must give permission.
Next month, residents will vote on Florida Amendment 4, the Right to Abortion Initiative. Voting “yes” would both enshrine a right to abortion in the state Constitution up to fetal viability (or when necessary to protect a pregnant person’s health, as determined by their healthcare provider) while maintaining the current law that requires that a parent/guardian be notified if a minor is seeking an abortion. Voting “no” would oppose adding this Amendment.
A 60% supermajority vote is required for approval.
Georgia: Abortion is legal up to 22 weeks.
Those seeking an abortion before then have a 24-hour waiting period between when they receive information from their abortion provider and when they can receive an abortion. (They do not have to receive that information in person; it can be mailed to them or read over the phone to them.) For minors, a parent/guardian must be notified.
In September 2024, Georgia Judge Robert C.I. McBurney struck down the prior state law, which prohibited most abortions after six weeks. Georgia’s Republican attorney general has already appealed this ruling, though, and the Georgia Supreme Court will likely make the final decision.
Hawaii: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors, parental/guardian involvement isn’t required.
Idaho: Abortion is illegal as of August 25, 2022.
The exceptions to this ban are to preserve the pregnant person’s life and physical health or for rape and/or incest.
The Idaho Supreme Court ruled in 2023 that there is no constitutional right to an abortion in the state. Since then, two consolidated court cases (Idaho v. United States and Moyle v. United States have argued that healthcare professionals should be able to perform emergency abortions to preserve a pregnant person’s physical health – not just save her life. The Supreme Court received this case but dismissed it in June 2024, sending it back to the federal appeals courts for further litigation. Until a decision is made, the exceptions to the abortion ban do currently include preserving the pregnant person’s physical health.
In cases of rape and/or incest, an abortion can be legally performed up to 14 weeks but requires a police report or report from child protection services.
There are no exceptions to the ban for fatal fetal anomalies.
Illinois: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors, parental/guardian involvement isn’t required.
Indiana: Abortion is illegal as of September 15, 2022.
In 2023, the Indiana Supreme Court ruled that the state Constitution doesn’t include a right to abortion with three exceptions. Abortions can be performed at any time to preserve the life and health of the pregnant person; up to 20 weeks for fatal fetal abnormalities; and up to 12 weeks gestational age for rape and/or incest .
Four residents and the group Hoosier Jews for Choice have argued that abortion is an exercise of religion; banning abortion thus violates Indiana’s 2015 religious freedom law. The Indiana Supreme Court is expected to hear the case soon.
Iowa: Abortion is legal up to six weeks.
Those seeking an abortion before then have a 24-hour waiting period between when they receive in-person from their abortion provider and when they can receive an abortion. For minors, a parent/guardian or grandparent must be notified at least 48 hours before.
Kansas: Abortion is legal up to 22 weeks.
Those seeking an abortion before then have no waiting period. For minors, both parents/guardians (or a singular parent/guardian if that individual has sole custody) must give permission.
Kansas was the first state to vote on abortion rights following Dobbs. In November 2022, its residents rejected the Value Them Both Constitutional Amendment, which would have ruled that there was no right to abortion in the state Constitution, subsequently enacting a near-total ban on abortion. 53% of voters rejected that proposed amendment.
Kentucky: Abortion is illegal as of June 15, 2022.
The exceptions to this ban are to preserve the pregnant person’s life or physical health (with affirmative defense). There are no exceptions for fatal fetal anomalies or for rape and/or incest.
In November 2022, Kentucky residents rejected Kentucky Constitutional Amendment 2, the No Right to Abortion in Constitution Amendment, which would have amended the state Constitution to say explicitly that it doesn’t protect the right to abortion. 52% of voters rejected that proposed amendment.
In February 2023, the Kentucky Supreme Court rejected a request to block the state’s abortion ban, ruling that abortion providers lacked the standing to challenge the state’s abortion ban. The Kentucky Supreme Court, though, didn’t elaborate whether or not the state Constitution secured abortion rights, and abortion remains banned in the state as a result.
In late February 2024, Republican Rep. Ken Fleming of Louisville introduced House Bill 711 that would make abortions legal up to six weeks in cases of rape and/or incest, of fatal fetal anomalies, or of fetuses who died in the womb. No action has been taken on the bill since then.
Louisiana: Abortion is illegal as of June 24, 2022.
The exceptions to this ban are to preserve the pregnant person’s life or physical health or in limited cases of fatal fetal anomalies. There are no exceptions for rape and/or incest.
Maine: Abortion is legal until fetal viability.
Those seeking an abortion before then have no waiting period. For minors, parental/guardian involvement isn’t required.
Maryland: Abortion is legal with no limits on when the pregnancy can be terminated.
Those seeking an abortion have no waiting period. For minors, a parent/guardian must be notified unless the minor doesn’t live with a parent/guardian or reasonable efforts to give notice to a parent/guardian are unsuccessful.
Next month, residents will vote on Maryland Question 1, the Right to Reproductive Freedom Amendment. Voting “yes” would support amending the state Constitution to establish a right to “reproductive freedom”. Voting “no” would oppose adding this Amendment.
Massachusetts: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors under 16, a parent/guardian must give permission.
Michigan: Abortion is legal with no limits on when the pregnancy can be terminated.
Those seeking an abortion have no waiting period. For minors, a parent/guardian must give permission.
In 2022, Michigan residents passed Michigan Proposal 3, the Right to Reproductive Freedom Initiative, which supported providing a constitutional right to reproductive freedom, including the right to an abortion. The Initiative passed with 57% support.
Minnesota: Abortion is legal with no limits on when the pregnancy can be terminated.
Those seeking an abortion have no waiting period. For minors, parental/guardian involvement isn’t required.
Mississippi: Abortion is illegal as of July 7, 2022.
The exceptions to this ban are to preserve the pregnant person’s life, for a limited number of fatal fetal anomalies, and for rape and/or incest. For the latter, an abortion can be legally performed up to six weeks gestational age but requires documentation from law enforcement. There are no exceptions for risks to the pregnant person’s physical health.
Missouri: Abortion is illegal as of June 24, 2022.
The exceptions to this ban are to preserve the pregnant person’s life or physical health (with affirmative defense). There are no exceptions for fatal fetal anomalies or for rape and/or incest.
Next month, residents will vote on Missouri Amendment 3, the Right to Reproductive Freedom Initiative. Voting “yes” supports amending the Missouri Constitution to provide the right to “reproductive freedom” and allowing the state legislature to enact laws that regulate abortion only after fetal viability. Voting “no” would oppose adding this Amendment and would oppose allowing the state legislature to enact laws that regulate abortion only after fetal viability.
Montana: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors, parental/guardian involvement isn’t required. In August 2024, Montana’s Supreme Court ruled that the law requiring parental/guardian permission for a minor seeking an abortion was unconstitutional.
In 2022, Montana residents rejected Legislative Referendum No. 131 which would’ve required medical care for “infants born alive”, such as those born prematurely or those who were born due to a botched abortion. 53% of voters rejected that proposed referendum.
Next month, residents will vote on Montana CI-128, the Right to Abortion Initiative. Voting “yes” supports amending the Montana Constitution to provide the right to “make and carry out decisions about one’s own pregnancy, including the right to abortion” and allowing the state to regulate abortion only after fetal viability. Voting “no” would oppose adding this Amendment and would oppose allowing the state legislature to enact laws that regulate abortion only after fetal viability.
Nebraska: Abortion is legal up to 12 weeks.
Those seeking an abortion before then have a 24-hour waiting period between when they receive information from their abortion provider and when they can receive an abortion. (They don’t have to receive that information in person; it can be mailed to them or read over the phone to them.) For minors, a parent/guardian must give permission.
Next month, residents will vote on both Nebraska Initiative 434, Prohibit Abortions After the First Trimester Amendment and Nebraska Initiative 439, Right to Abortion Initiative.
Voting “yes” on Initiative 434 would support amending the state Constitution to ban abortions after the first trimester except to preserve the pregnant person’s life or physical health or for rape and/or incest. Voting “no” would oppose banning abortions after the first trimester.
Voting “yes” on Initiative 439 would support amending the state Constitution to provide a right to abortion until fetal viability. Voting “no” on Initiative 439 would oppose adding this Amendment.
Nevada: Abortion is legal up to fetal viability
Those seeking an abortion before then have no waiting period. For minors, parental/guardian involvement isn’t required.
Next month, residents will vote on Nevada Question 6, the Right to Abortion Initiative. Voting “yes” supports amending the state Constitution to protect the right to an abortion and to allow the state to regulate abortion only after fetal viability. Voting “no” would oppose adding this Amendment and would oppose allowing the state to regulate abortion only after fetal viability.
New Hampshire: Abortion is legal up to 24 weeks.
Those seeking an abortion before 24 weeks have no waiting period. For minors, a parent/guardian must be notified.
New Jersey: Abortion is legal with no limits on when the pregnancy can be terminated.
Those seeking an abortion have no waiting period. For minors, parental/guardian involvement isn’t required.
New Mexico: Abortion is legal with no limits on when the pregnancy can be terminated.
Those seeking an abortion have no waiting period. For minors, parental/guardian involvement isn’t required.
New York: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors, parental/guardian involvement isn’t required.
Next month, residents will vote on New York Proposal 1, Equal Protection of Law Amendment. Voting “yes” would support adding language to the New York Bill of Rights that would give prevent discriminating against all persons, including due to “pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy”. Voting “no” would oppose adding this language.
North Carolina: Abortion is legal up to12 weeks.
Those seeking an abortion before then have a 72-hour waiting period between when they receive in-person counseling from their abortion provider and when they can receive an abortion. For minors, a parent/guardian or grandparent (if the minor has lived with them for at least six months) must give permission.
North Dakota: Abortion is legal up to fetal viability.
Those seeking an abortion before then have a 24-hour waiting period between when they receive information from their abortion provider and when they can receive an abortion. For minors, a parent/guardian must give permission.
In September 2024, North Dakota Judge Bruce Romanick declared North Dakota’s total abortion ban “unconstitutional”. Republican Attorney General Drew H. Wrigley said that he planned to appeal that decision, though, while the Republican-controlled legislature may try to enact another ban when it reconvenes in January 2025.
Ohio: Abortion is legal up to 22 weeks
Those seeking an abortion before then have no waiting period. For minors, a parent/guardian must give permission.
In November 2023, Ohio residents passed Ohio Issue 1, Right to Make Reproductive Decisions Including Abortion Initiative, which supported amending the Ohio Constitution to guarantee the right to abortion until fetal viability as well as the right to other reproductive health decisions. The Initiative passed with 57% support.
Oklahoma: Abortion is illegal as of May 25, 2022.
The exceptions to this ban are to save the pregnant person’s life. There are no exceptions for risks to the pregnant person’s physical health, for fatal fetal anomalies, or for rape and/or incest.
Oregon: Abortion is legal with no limits on when the pregnancy can be terminated.
Those seeking an abortion have no waiting period. For minors under 15, a parent/guardian must give permission. (A parent/guardian must give permission for any medical treatment in Oregon for those under 15.)
Pennsylvania: Abortion is legal up to 24 weeks
Those seeking an abortion before then have a 24-hour waiting period between when they receive information from their abortion provider and when they can receive an abortion. If the person seeking an abortion is 18 or older, that information can be read over the phone to them; if the person seeking an abortion is 17 or younger, they have to receive that counseling in person with a parent/guardian. For minors, a parent/guardian must give permission.
Rhode Island: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors, a parent/guardian must give permission.
South Carolina: Abortion is legal up to six weeks (or up to 12 weeks for rape and/or incest as long as the physician reported the rape or incest within 24 hours of performing the abortion).
Those seeking an abortion before six weeks have a 24-hour waiting period between when they receive information from their abortion provider and when they can receive the abortion. (They don’t have to receive that information in person.) For minors under 17, a parent/guardian or grandparent must give permission.
South Dakota: Abortion is illegal as of June 24, 2022.
The exceptions to this ban are to preserve a pregnant person’s life. There are no exceptions for risks to the pregnant person’s physical health, for fatal fetal anomalies, or for rape and/or incest.
Next month, residents will vote on South Dakota Constitutional Amendment G or the Right to Abortion Initiative. Voting “yes” would support providing a state constitutional right to abortion in South Dakota using a trimester framework. During the first trimester, the state would be prohibited for regulating abortion; during the second trimester, the state may regulate abortion but “only in ways that are reasonably related to the physical health of the pregnant woman”; during the third trimester, the state may regulate or prohibit abortion, except “when abortion is necessary, in the medical judgment of the woman’s physician, to preserve the life and health of the pregnant woman”. Voting “no” would oppose adding this Amendment.
Tennessee: Abortion is illegal as of August 25, 2022.
The exceptions to this ban are to preserve a pregnant person’s life or physical health (with affirmative defense). There are no exceptions for fatal fetal anomalies or for rape and/or incest.
Texas: Abortion is illegal as of July 1, 2022.
The exceptions to this ban are to preserve a pregnant person’s life (with affirmative defense). There are no exceptions for risks to the pregnant person’s physical health, for fatal fetal anomalies, or for rape and/or incest.
A group of Texas women who had serious pregnancy complications were the first in the country to testify in court about being denied abortions after Dobbs. And yet, the court has advised Texan physicians only that they should “meticulously document” their decision-making around abortions without any clarification about what actions – regardless of documentation – might put them at risk for prosecution.
Utah: Abortion is legal up to 18 weeks.
Those seeking an abortion before then have a 72-hour waiting period between when they receive in-person counseling from their abortion provider and when they can receive an abortion. For minors, a parent/guardian must be notified at least 24 hours before the abortion and give permission.
A state law that completely banned abortion in Utah went into effect on June 24, 2022 but was challenged in court by Planned Parenthood Association of Utah. On August 1, 2024, the Utah Supreme Court prevented this total ban from taking effect while the lawsuit continued.
Vermont: Abortion is legal with no limits on when the pregnancy can be terminated.
Those seeking an abortion have no waiting period. For minors, parental/guardian involvement isn’t required.
In November 2022, residents of Vermont passed Vermont Proposal 5, the Right to Personal Reproductive Autonomy Amendment, which supported amending the Vermont Constitution to protect the right to personal reproductive autonomy – such as the decision to receive an abortion – and to prohibit government infringement in these matters unless “justified by a compelling state interest”. The Amendment passed with 77% support.
Virginia: Abortion is legal up to fetal viability.
Those seeking an abortion then have no waiting period. For minors, a parent/guardian (or adult family member or parent-like individual with whom the minor regularly lives) must be notified at least 24 hours before the abortion.
Washington: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors, parental/guardian involvement isn’t required.
Washington D.C: Abortion is legal with no limits on when the pregnancy can be terminated.
Those seeking an abortion have no waiting period. For minors, parental/guardian involvement isn’t required.
West Virginia: Abortion is illegal as of September 16, 2022.
The exceptions are to preserve the pregnant person’s life or physical health, for fetal anomalies, and for rape and/or incest. For the latter, abortions can be performed up to eight weeks (or up to 14 weeks for minors) as long as the assault has been reported to law enforcement.
Wisconsin: Abortion is legal up to 22 weeks
Those seeking an abortion before then have a 24-hour waiting period between when they receive in-person counseling from their abortion provider and when they can receive an abortion. For minors, a parent/guardian, grandparent, or a sibling or aunt or uncle who is at least 25 years old must give permission.
Abortion opponents have claimed that a law from 1849 bans abortion in all cases except when the pregnant person’s life is in danger. Lower level courts have argued that the law in question applies only to infanticide and not consensual abortions. The Wisconsin Supreme Court will hear that case.
Wyoming: Abortion is legal up to fetal viability.
Those seeking an abortion before then have no waiting period. For minors, a parent/guardian must be informed at least 24 hours before the abortion.
The Wyoming Supreme Court received this case but dismissed it in April 2024, sending it back to the lower courts. Until a decision is made, abortion remains legal in the state up to fetal viability.
What is the status of abortion in your state? Do you Want to change it? If you’re a resident of one of the 10 states voting on abortion-related measures next month and you’re not yet a registered voter, you can register here. Many states still allow their residents to register to vote in the 2024 election and some states have even started their early voting.