Roe V Wade: A Guide To The Laws In Each State

Roe v Wade was a landmark court ruling that was established to protect one’s right to an abortion and the right to privacy. On June 24, 2022, the US supreme court decided to overturn this ruling in Dobbs v Jackson Women’s Health Organization, leaving the laws on abortion up to State governments. Below we are going to talk about what exactly Roe v Wade is, what it means, and what the abortion laws are in each state.

What is Roe v Wade? 

The main idea of Roe v Wade is that it is a supreme court decision meant to protect a pregnant woman’s right to an abortion without excessive government interference. According to Roe v Wade, abortion was made legal in all states until the fetus gains viability. This court ruling came about because of a woman in Texas named Norma McCorvey or “Jane Roe.” She wanted to have an abortion but was denied because it was illegal. She decided to file a lawsuit, declaring that the situation was unconstitutional, because it went against the 14th amendment of the US Constitution, violating a person’s right to privacy. She won the case. 

However, many state laws have changed since then regarding abortion restrictions and legality. Planned Parenthood v. Casey in Pennsylvania in 1992 challenged some of the provisions of the Pennsylvania Abortion Control Act of 1982 which were unconstitutional under Roe v Wade. As long as Roe v Wade was upheld, abortion continued to be a constitutional right. Now that this has been overturned, individual states can make their own rulings. 

What is a Trigger Law? 

 A trigger law is drawn up by the state government in the case that the federal government or the U.S. Supreme Court changes a particular law. There were 13 states who had trigger laws for post-Roe. They were set to automatically ban abortion in the first trimester and second trimester. Those states are; Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming. 

What Are the Current Abortion Laws in Each State? 

Image source: Guardian graphic.
Sources: Guardian research, local news reports, Guttmacher Institute, Center for Reproductive Rights, US Census Bureau. Note: Banned states include those with 6-week bans.

Below, we have broken down the abortion laws in each state accurately. We have listed the current laws in each state regarding how they stand now, and how some of them are set to change in the future. The Guttmacher Institute gives more information such as where to find abortion providers in each state as well. If you are looking for information on what Medicaid covers, go to their website for more information on your specific state. 

Alabama 

• Abortion is illegal at any point in the pregnancy. 
• There are special circumstances where abortion may be legal for certain cases where there is a significant health concern for the mother. 

Alaska

• Abortion is legal at any point in the pregnancy.
• Minors do not need parental consent for an abortion.

Arizona 

• Abortion is currently legal until the fetus is considered viable, between 22 and 26 weeks gestation. However, a 15-week abortion ban is set to take effect 90 days after the overturning of Roe v Wade. 
• Parental consent is needed for abortions in minors. 

Arkansas 

• Abortion is illegal at any point in the pregnancy, regardless of any health conditions, rape, or incest.
• A doctor found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence. 

California 

• Abortion is legal up until a fetus is considered viable, between 22 and 26 weeks gestation.
• Minors do not need parental consent for an abortion.

Colorado 

• Colorado is part of a group of states that have their own law called the ‘Reproductive Health Equality Act’, which blocks public entities from denying or restricting a persons’ right to an abortion. This means that abortion is legal in Colorado at any point in a pregnancy.  
• Parental consent is needed for abortions in minors.

Connecticut 

• Abortion is legal until the fetus is considered viable, between 22 and 26 weeks gestation.
• Minors do not need parental consent for an abortion.

Delaware

• Abortion is legal until the fetus is considered viable, between 22 and 26 weeks gestation.
• Parental consent is needed for abortions in minors.

District of Columbia 

• Abortion is legal at any point in the pregnancy.
• Minors do not need parental consent for an abortion.

Florida 

• Abortion is legal until the 24th week of pregnancy
• However, a 15-week abortion ban without exception for rape or incest is currently set to come into effect soon. 
• Doctors that violate the law are guilty of a third degree felony, which carries a maximum penalty of five years in prison. 
• Parental consent is needed for abortions in minors.

Georgia 

• Abortion is legal until the 20th of week of pregnancy. Beyond that, it is illegal unless there is a risk to the mother’s health. 
• There is currently a pending 6-week abortion ban with exceptions for rape or incest if a police report is filed. 
• A doctor found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence. 
• Parental consent is needed for abortions in minors.

Hawaii 

• Abortion is legal up until the fetus is considered viable, between 22 and 26 weeks gestation.
• Minors do not need parental consent for an abortion.

Idaho

• Abortion is currently legal until the fetus is considered viable, between 22 and 26 weeks gestation. 
• Abortion will become illegal within 30 days of the overturning of Roe v Wade, with exceptions for rape or incest, if a police report is filed.
• A doctor who is found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence. 
• Parental consent is needed for abortions in minors.

Illinois 

• Abortion is legal until the fetus is considered viable, between 22 and 26 weeks gestation.
• Minors do not need parental consent for an abortion.

Indiana 

• Abortion is currently illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
• The right to an abortion before the 20th week of pregnancy is threatened in Indiana, as the Indiana General Assembly is meeting at some point over the next few weeks for a special ‘legislative session’ on this matter. 
• Parental consent is needed for abortions in minors.

Iowa 

• Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health. However, a possible 6-week abortion ban could soon take effect. 
• A doctor found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence. 
• Parental consent is needed for abortions in minors.

Kansas 

• Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
• Parental consent is needed for abortions in minors.

Kentucky 

• Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
• An abortion ban and a 6-week ban were both blocked by a judge, but that could change in November with a ballot initiative.
• Parental consent is needed for abortions in minors.

Louisiana 

• Abortion is currently illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
• A judge has blocked the trigger law, which would ban abortion at any stage, and it is currently being decided whether the law will change to a 15-week ban or remain at 20 weeks.
• Parental consent is needed for abortions in minors.

Maine

• Abortion is legal up until the fetus is considered viable, between 22 and 26 weeks gestation.
• Minors do not need parental consent for an abortion.

Maryland 

• Abortion is illegal after the fetus is considered viable, between 22 and 26 weeks gestation. The only exceptions are if the fetus has genetic or physical abnormalities.
• Parental consent is needed for abortions in minors.

Massachusetts

• Abortion is illegal after 24 weeks unless the fetus has genetic or physical abnormalities.
• Parental consent is needed for abortions in minors.

Michigan 

• Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks unless life-threatening to the mother.
• Parental consent is needed for abortions in minors.

Minnesota 

• Abortion is legal up until the fetus is considered viable, between 22 and 26 weeks gestation.
• Both parents must be notified about abortions in minors.

Mississippi 

• An abortion ban took effect on July 7, 2022, with an exception for rape.
• Both parents must consent to the abortion for minors.
• Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Missouri 

• Abortion is illegal at any point in the pregnancy regardless of any health conditions, rape, or incest.
• A doctor found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence. 

Montana 

• Abortion is illegal after the fetus is considered viable, between 22 and 26 weeks. The only exceptions are if the fetus has genetic or physical abnormalities.
• Parental consent is needed for abortions in minors under age 16.
• This state has moved to ban abortion at 20 weeks, but this is currently on hold.

Nebraska

• Abortion is legal up until the 20th week of pregnancy. Beyond that, it is illegal, unless there is a risk to the mother’s health.
• Parental consent is needed for abortions in minors.
• The governor of Nebraska is looking to make abortion illegal.

Nevada

• Abortion is legal up until the 24th week of pregnancy.
• Minors do not need parental consent for an abortion.

New Hampshire 

• Abortion is legal up until 24 weeks of pregnancy.
• There are no laws protecting the right to an abortion in New Hampshire, but there are also no plans to change the current laws as they stand at the moment. 
• Parents of minors must be notified of an abortion.

New Jersey 

• Abortion is legal at any point in the pregnancy.
• Minors do not need parental consent for an abortion.

New Mexico 

• Abortion is legal at any point in the pregnancy.
• Minors do not need parental consent for an abortion.

New York 

• Abortion is illegal after the fetus is considered viable, between 22 and 26 weeks. The only exceptions are if the fetus has genetic or physical abnormalities.
• Minors do not need parental consent for an abortion.

North Carolina 

• Abortion is legal up until the fetus is considered viable, between 22 and 26 weeks. Beyond that, the only exception for an abortion is if there is a risk to the mother’s health.
• Parental consent is needed for abortions in minors.
• A 20-week ban could soon take effect, but for now, it is unclear.

North Dakota

• Abortion is currently legal up until the 20th of week of pregnancy. Beyond that, it is only legal if there is a risk to the mother’s health. 
• The trigger law to ban abortion is set to take effect 30 days after the overturning of Roe v Wade.
• A doctor found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence. 
• Both parents must consent to the abortion for minors.

Ohio 

• Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
• The governor of Ohio is in talks to pass a full abortion ban.
• Parental consent is needed for abortions in minors.

 Oklahoma 

• Abortion is illegal after the 6th week of pregnancy unless there is a risk to the mother’s health.
• On April 12 2022, Oklahoma Gov. Kevin Stitt signed a bill that increased the penalties for abortion. The key section said, "A person convicted of performing or attempting to perform an abortion shall be guilty of a felony punishable by a fine not to exceed $100,000, or by confinement in the custody of the Department of Corrections for a term not to exceed 10 years."
• Parental consent is needed for abortions in minors.

Oregon 

• Oregon, like Colorado, is part of the ‘Reproductive Health Equality Act’, and abortion is therefore legal at any point in the pregnancy.
• Minors do not need parental consent for an abortion.

Pennsylvania 

• Abortion is illegal after the 24th week of pregnancy unless there is a risk to the mother’s health.
• Parental consent is needed for abortions in minors.

Rhode Island 

• Abortion is legal up until the fetus is considered viable, between 22 and 26 weeks gestation.
• Parental consent is needed for abortions in minors.

South Carolina 

• Abortion has recently been made illegal after 6 weeks of pregnancy, except for certain cases, including life endangerment, rape, incest, or severely compromised physical health. 
• A doctor found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence. 
• Parental consent is needed for abortions in minors.

South Dakota 

• Abortion is illegal at any point in the pregnancy regardless of any health conditions, rape, or incest.
• A doctor found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence.  

Tennessee 

• A 6-week abortion ban has taken effect and a full abortion ban will take effect in August 2022.
• A doctor found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence.
• Parental consent is needed for abortions in minors.

Texas 

• Abortion is illegal after the 6th week of pregnancy unless there is a risk to the mother’s health. However, the trigger law entirely banning abortion is set to take place two months after the overturning of Roe v Wade. 
• A person performing an abortion once it becomes fully illegal faces a minium penalty of five years in prison, and a maximum penalty of life. 
• Parental consent is needed for abortions in minors.

Utah 

• The trigger law for a full abortion ban was blocked by a judge and an 18-week ban has taken effect. The trigger law would allow for exceptions for rape or incest only if a police report is filed.
• A doctor found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence.
• Parental consent is needed for abortions in minors.

Vermont 

• Abortion is legal at any point in the pregnancy.
• Minors do not need parental consent for an abortion.

Virginia 

• Abortions are legal up until the 3rd trimester of pregnancy. 
• The governor of Virginia is planning to seek a 15-week ban.
• Parental consent is needed for abortions in minors.

Washington 

• Abortion is legal until the fetus is considered viable, between 22 and 26 weeks gestation.
• Minors do not need parental consent for an abortion.

West Virginia 

• Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
• Parents must be notified of abortion in minors.
• Abortion is not protected under the state constitution and was banned pre-Roe. It is unclear if current laws will change.

Wisconsin 

• Abortion is currently illegal after the 20th week of pregnancy unless there is a risk to the mother’s health. The state government is currently seeking to re-instate a full abortion ban, which is from 1849. The democratic governor and attorney general have stated that they will not enforce the ban, but this could change. 

• Parental consent is needed for abortions in minors.

Wyoming 

• Abortion is legal up until the fetus is considered viable, between 22 and 26 weeks gestation. However, the trigger law to ban abortion is set to take effect once a new law is certified. 
• A doctor found guilty of breaking the law faces a possible, or in some cases, a mandatory prison sentence. 
• Parental consent is needed for abortions in minors.