Deciphering the Post-Roe Abortion Laws by State

Roe v Wade, the landmark 1973 case that established a constitutional right to an abortion, up until the fetus can survive outside the womb, was the law of the land for nearly 50 years. In June 2022, however, the Supreme Court overturned the almost half-century old precedent. With the high court ruling, the decision now returns to the individual states, which have for months appeared to be gearing up for a new abortion frontier, brashly introducing restrictions.

Meanwhile, state-level laws and debates over medication abortion have become the new battlefront for 2023. In January 2023, the U.S Food and Drug Administration finalized a ruling allowing pharmacies, such as CVS and Walgreens, to begin offering abortion pills in qualifying states. The legal battle over access to abortion medication was elevated to the Supreme Court, on April 14, after two conflicting rulings on separate cases were both issued a week earlier. In one case, a Texas federal judge ruled that the FDA overlooked “legitimate safety concerns,” when approving mifepristone, and ruled that access to the drug be suspended. In the other, a Washington state federal judge ruled that the FDA cannot restrict access to the drug in any of the 17 states that sued to expand access.

A recent poll found that there is widespread confusion about each state’s laws regarding the legal access to both abortion services and the medication that is used. These laws are continuously changing as new laws are debated, passed, and revised. Abortion is still legal in many states, and it is also legal to go to a different state to get an abortion. Below is a list of current abortion laws and restrictions, organized by state, so that we can help you understand these new laws and how they may affect your options.


State	Abortion Legal Status	Exceptions	Mifepristone Legal Status	Parental Notification/Consent	Waiting Period	Ultrasound Required
Alabama	Banned	To protect the life or health of the mother	Banned	N/A	N/A	Yes-Must provide the patient the opportunity to view the image
Alaska	Legal throughout pregnancy	N/A	Physician-prescribed only	Not required	None	No
Arizona	Legal up to 15 weeks, 0 days	N/A	Physician-prescribed only; Must have in-person visit; Mail-orders banned	Required for age 17 or younger	24-hour waiting period	Yes-Must provide the patient the opportunity to view the image
Arkansas	Banned	To save the life of the mother	Banned	N/A	N/A	Yes-Provider must display and describe the image. Patient may look away
California	Legal up to the age of viability	N/A	Clinician-prescribed	Not required	None	No
Colorado	Legal throughout pregnancy	N/A	Clinician-prescribed	Required for age 17 or younger	None	No
Connecticut	Legal up to the age of viability	N/A	Clinician-prescribed	Not required	None	No
Delaware	Legal up to the age of viability	N/A	Clinician-prescribed	Required for age 15 or younger	None	No
Florida	Legal up to 15 weeks, 6 days. Recently, Gov. DeSantis passed a bill to ban abortion after 6 weeks (not yet in effect pending Supreme Court review).	N/A	Physician-prescribed only	Required for age 17 or younger	24-hour waiting period	Yes-Provider must offer the patient the opportunity to view the image
Georgia	Legal up to 6 weeks	N/A	Physician-prescribed only	Required for age 17 or younger	24-hour waiting period	Yes-The patient must be provided with verbal information on accessing ultrasound services. Provider must offer the opportunity to view the image
Hawaii	Legal up to age of viability	N/A	Clinician-prescribed	Not required	None	No
Idaho	Banned	To save the life of the mother or if the pregnancy is a result of rape/incest	Banned	N/A	N/A	Yes-The patient must be provided with verbal & written information on accessing ultrasound services. Provider must offer the opportunity to view the image
Illinois	Legal until the age of viability	N/A	Clinician-prescribed	Not required	None	No
Indiana	Legal until 21 weeks, 6 days	N/A	Physician-prescribed only; Must have an in-person physician visit	Required for age 17 or younger	18-hour waiting period	Yes-The patient must be provided with verbal information on accessing ultrasound services. Provider must offer the opportunity to view the image
Iowa	Legal until 21 weeks, 6 days	N/A	Physician-prescribed only	Required for age 17 or younger	24-hour waiting period	Yes-Providers must offer the opportunity to view the image
Kansas	Legal until 21 weeks, 6 days	N/A	Clinician-prescribed	Required for age 17 or younger	24-hour waiting period	Yes-The patient must be provided with written information on accessing ultrasound services. Provider must offer the opportunity to view the image
Kentucky	Banned	To protect the life/health of the mother	Banned	N/A	N/A	Yes-Provider must display and describe the image
Louisiana	Banned	To protect the life/health of the mother or if the fetus is not expected to survive the pregnancy	Banned	N/A	N/A	Yes-Must take place at least 24 hours prior to abortion; Provider must display and describe the image
Maine	Legal until the age of viability	N/A	Clinician-prescribed	Not required	None	No
Maryland	Legal until the age of viability	N/A	Clinician-prescribed	Required for age 17 or younger	None	No
Massachusetts	Legal until 23 weeks, 6 days	N/A	Clinician-prescribed	Required for age 15 or younger	None	No
Michigan	Legal until the age of viability	N/A	Physician-prescribed only	Required for age 17 or younger	24-hour waiting period	Yes-Patient must receive information on accessing ultrasound services; Provider must offer the opportunity to view image
Minnesota	Legal until the age of viability	N/A	Clinician-prescribed	Not required	None	No
Mississippi	Banned	To protect the life/health of the mother or if the fetus has suffered or will suffer from serious health issues during the pregnancy	Banned	N/A	N/A	Yes-Provider must offer the patient the opportunity to view image
Missouri	Banned	To protect the life/health of the mother	Banned	N/A	N/A	Yes-Patient must be provided written information on accessing ultrasound services
Montana	Legal until the age of viability	N/A	Banned	Required for age 15 or younger	None	No
Nebraska	Legal until 21 weeks, 6 days	N/A	Physician-prescribed only; Must have in-person physician visit	Required for age 17 or younger	24-hour waiting period	Yes-Patient must be provided verbal & written information on accessing ultrasound services
Nevada	Legal until 25 weeks, 6 days	N/A	Physician-prescribed only	Not required	None	No
New Hampshire	Legal until 23 weeks, 6 days	N/A	Clinician-prescribed	Required for age 17 or younger	None	Yes
New Jersey	Legal throughout pregnancy	N/A	Clinician-prescribed	Not required	None	No
New Mexico	Legal throughout pregnancy	N/A	Clinician-prescribed	Not required	None	No
New York	Legal until the age of viability	N/A	Clinician-prescribed	Not required	None	No
North Carolina	Legal until 20 weeks, 6 days	N/A	Physician-prescribed only; Must have in-person physician visit	Required for age 17 or younger	72-hour waiting period	Yes
North Dakota	Legal until 21 weeks, 6 days	N/A	Physician-prescribed only; Must have in-person physician visit	Required for age 17 or younger	24-hour waiting period	Yes
Ohio	Legal until 21 weeks, 6 days	N/A	Physician-prescribed only	Required for age 17 or younger	24-hour waiting period	Yes
Oklahoma	Banned	To save the life of the mother	Banned	N/A	N/A	No
Oregon	Legal throughout pregnancy	N/A	Clinician-prescribed	None	None	No
Pennsylvania	Legal until 23 weeks, 6 days	N/A	Physician-prescribed only	Required for age 17 or younger	24-hour waiting period	No
Rhode Island	Legal until the age of viability	N/A	Clinician-prescribed	Required for age 17 or younger	None	No
South Carolina	Legal until 21 weeks, 6 days	N/A	Physician-prescribed only; Must have in-person physician visit	Required for age 16 or younger	24-hour waiting period	Yes
South Dakota	Banned	To protect the life/health of the mother	Banned	N/A	N/A	Yes
Tennessee	Banned	To protect the life/health of the mother or if the fetus is not expected to survive the pregnancy	Banned	N/A	N/A	Yes
Texas	Banned	To protect the life/health of the mother	Banned	N/A	N/A	Yes
Utah	Legal until 18 weeks, 0 days	N/A	Physician-prescribed only	Required for age 17 or younger	72-hour waiting period	Yes
Vermont	Legal throughout pregnancy	N/A	Clinician-prescribed	Not required	None	No
Virginia	Legal until 26 weeks, 6 days	N/A	Clinician-prescribed	Required for age 17 or younger	None	No
Washington	Legal until the age of viability	N/A	Clinician-prescribed	Not required	None	No
Washington D.C.	Legal throughout pregnancy	N/A	Clinician-prescribed	Not required	None	No
West Virginia	Banned	To protect the life/health of the mother, if the pregnancy is the result of rape/incest, or if the fetus is not expected to survive the pregnancy	Banned	N/A	N/A	Yes
Wisconsin	Banned	To save the life of the mother	Banned	Required for age 17 or younger	24-hour waiting period	Yes
Wyoming	Legal until age of viability	N/A	Clinician-prescribed	Required for age 17 or younger	None	Yes

Though the clinicians at Premier Obstetrics and Gynecology do not provide abortion services, we are the first step in your journey toward navigating your unplanned pregnancy. We know that an unplanned pregnancy can be overwhelming and scary, but you are not alone. We have services in place to help you understand exactly what you are facing and will provide you with unbiased education and emotional support so that you can make the best decision for you and your future. Call us at 321-397-1212 today.

Author

Valerie Ramsay, CNM Valerie Ramsay, CNM, is a board-certified nurse midwife at Premier Obstetrics and Gynecology in Maitland and Oviedo, Florida. She is proud to empower women and encourage them to be active participants in their own healthcare. She is extremely excited to be a part of the Premier OB-GYN family. Valerie graduated from Valencia College in Orlando with her associate degree in nursing, where she earned an award for the highest overall GPA. Valerie then pursued her bachelor’s degree in nursing from Polk State College in Winter Haven, Florida, where she earned cum laude honors. She received her master’s degree in nurse-midwifery from the University of Cincinnati in Ohio in 2019. Valerie has worked as a nurse in the obstetric field for the past 15 years and considers it her passion and personal calling. She chose to pursue midwifery because she felt a deep passion to care for women and their families. Valerie is happily married and is the proud mother of two beautiful children, Paige and Jacob.

You Might Also Enjoy...

Ovarian Cancer Basics and Early Warning Signs

There are many early warning signs of ovarian cancer, but identifying them can be difficult.

The Many Uses of Birth Control Pills

Birth control pills are a very popular method of contraception, but did you know all the other possible benefits of taking birth control pills?

Dense Breast Tissue: What To Do?

As we wrap up Breast Cancer Awareness Month, let's discuss a hot topic - dense breast tissue. What does this mean exactly, and what should you do if you are told you have dense breasts?

Understanding Miscarriage: Facts and Awareness for Pregnancy and Infant Loss Month

October is Pregnancy and Infant Loss Awareness Month, a time dedicated to honoring the lives of those lost during pregnancy and shortly after birth. Understanding the facts surrounding miscarriage can foster empathy and support for those experiencing loss,

Pregnant and Hungry - What Can I Eat?!

One of the most common questions we receive from our patients in pregnancy is: "Am I allowed to eat ____?" Read on to learn what is ok and not ok to consume during pregnancy.

Celebrating PA Week!

PA Week is an annual celebration from October 6-12 to recognize and honor the contributions of Physician Assistants (PAs) in the healthcare field. PAs play a crucial role in obstetrics and gynecology care.