The overturning of Roe vs. Wade on June 24th, 2022, has caused waves in the media and resulted in a nation divided. What's changed and what may change in the future can be challenging to keep track of, with some states more affected than others.
Note that this is a current topic with regular new information. We will do our best to keep our article as up-to-date as possible but may miss some updates as further information comes to light.
Current State of Abortion Laws (By State)
Note that where abortions are considered legal in certain states, this is generally legal only up to the point where the fetus could survive outside the womb, usually around 23 to 24 weeks into the pregnancy.
|State||Legal within the first trimester||Current Abortion Law|
|Alabama||Abortion is illegal unless of a serious medical emergency.|
The legality of abortion in Alaska could be overturned at the next conventional constitution in the state.
Voters will be allowed to vote in the fall of 2022 (which is every 10 years) on whether a convention will be held.
Abortions are allowed within the first 22 weeks of pregnancy only.
From September 2022, abortions will only be allowed within the first 15 weeks of pregnancy unless necessary to save the mother's life. This new restriction takes effect in September of 2022.
|Arkansas||All abortions are illegal unless necessary to save the mother's life.|
|California||Abortions are legal.|
|Colorado||Abortions are legal.|
|Connecticut||Abortions are legal.|
|Delaware||Abortions are legal.|
|District of Columbia||Abortions are legal.|
|Florida||Abortions are legal up to the 15th week of pregnancy only. (Effective July 1.)|
|Georgia||Abortions are currently legal within the first 22 weeks of pregnancy; however, this is likely to change.
A Georgia law restricting abortions after 6 weeks into pregnancy was signed in 2019 but never enforced. However, this law is likely to take effect.
|Hawaii||Abortions are legal.|
|Idaho||As of July 24th, 2022, abortions are illegal except to save the mother's life or where the pregnancy was caused by rape or incest.|
|Illinois||Abortions are legal.|
|Indiana||Abortions are legal up to 22 weeks of pregnancy unless of a medical emergency.|
|Iowa||Abortions are legal up to 20 weeks of pregnancy|
|Kansas||Abortions are legal up to the 22nd week of pregnancy. Beyond that, abortions are only legal to save a patient's life or to prevent "a substantial and irreversible physical impairment of a major bodily function."|
|Kentucky||Abortions are illegal except to save the life or prevent serious injury to the pregnant person.|
|Louisiana||Abortions are legal currently. However, this may change. A judge is currently blocking the state's trigger law that could ban all abortions.|
|Maine||Abortions are legal.|
|Maryland||Abortions are legal.|
|Massachusetts||Abortions are legal.|
|Michigan||Abortions are legal.|
|Minnesota||Abortions are legal.|
|Mississippi||From July 7, 2022, Abortions are illegal unless to protect the mother's life or if the pregnancy resulted from rape.|
|Missouri||Abortions are illegal unless in the case of a medical emergency.|
|Montana||Abortions are legal.|
|Nebraska||Abortions are legal until the 22nd week of pregnancy (except in Hayes Center and Blue Hill).|
|Nevada||Abortions are legal.|
|New Hampshire||Abortions are legal. Abortions after 24 weeks of pregnancy are also legal if fetal abnormalities incompatible with life are found.|
|New Jersey||Abortions are legal.|
|New Mexico||Abortions are legal.|
|New York||Abortions are legal.|
|North Carolina||Abortions are legal. Abortions post-fetal-viability are only legal in a medical emergency.|
|North Dakota||Currently legal but is likely to change in July 2022.
The law is expected to change to ban all abortions unless the mother's life is at risk or the pregnancy was caused by rape or incest.
|Ohio||Illegal after a fetal heartbeat is detected (usually around 6 weeks).|
|Oklahoma||Abortions are illegal once a fetal heartbeat is detected (usually 6 weeks into pregnancy) unless the mother's life is at risk.|
|Oregon||Abortions are legal.|
|Pennsylvania||Abortions are legal.|
|Rhode Island||Abortions are legal.|
|South Carolina||Abortions are illegal once a fetal heartbeat is detected (usually around 6 weeks into pregnancy) unless to save the mother's life or the pregnancy resulted from rape or incest.|
|South Dakota||Abortions are legal until the 22nd week of pregnancy.|
|Tennessee||From July 30, 2022, abortions will be illegal in Tennessee. (It is currently legal.)|
|Texas||Abortions are currently legal in Texas as a Judge blocks a pre-Roe abortion ban that was being enforced.
If the state's trigger law is enforced, abortions would be made illegal after a fetal heartbeat is detected (around 6 weeks).
|Utah||(Abortions are allowed in Utah until July 8th, 2022.)
Abortions are illegal unless of a medical emergency, serious fetal defects/abnormalities, or the pregnancy was caused by rape or incest.
|Vermont||Abortions are legal.|
|Virginia||Abortions are legal.|
|Washington||Abortions are legal.|
|West Virginia||(The state law in West Virginia is currently unclear.) The only abortion clinic in West Virginia is no longer providing abortion treatment.|
|Wisconsin||Abortion is illegal unless medically necessary to save the pregnant person's life.|
|Wyoming||Abortion in Wyoming is illegal except where the mother's life is in danger, or the pregnancy was caused by rape or incest. (This goes into effect June 29, 2022).|
Who is Penalized?
You will not be penalized for getting an abortion in another state where the procedure is legal.
The penalties and felony charges are placed on the medical practitioner providing the abortion treatment.
States Whose Laws Changed Drastically
Many states have not been affected by the overturning of Roe vs. Wade and are likely to remain unaffected for the foreseeable future, including California, Colorado, and Oregon. However, some states have had their laws updated drastically, including:
- Alabama: Alabama law previously banned all abortions after the 20th week of pregnancy. In May of 2019, Alabama Governor, Kay Ivey, signed a law banning nearly all abortions, but a federal judge blocked it. With the overturning of Roe vs. Wade, most pregnancies are now banned in Alabama.
- Florida: Previously, abortions in Florida were legal until the 24th week of pregnancy. Effective July 1, 2022, abortions will only be legal until the 15th week of pregnancy.
- Idaho: Idaho previously allowed abortions up to around the 24th week of pregnancy. From July 24th, 2022, the state will ban most abortions (with some exceptions).
- Kentucky: Kentucky already had strict rules around abortion, banning any after a fetal heartbeat was detected (around 6 weeks). All abortions are now banned in the state unless of a medical emergency.
- Mississippi: Despite a bill being signed in 2018 banning abortions after 15 weeks into pregnancy, this law was never enacted in Mississippi until now.
- Missouri: In 2019, a bill was passed in Missouri that restricted most abortions after 8 weeks into pregnancy. Now, all pregnancies are banned except in the case of a medical emergency.
- Ohio: An attempt to ban abortions after a fetal heartbeat is detected was blocked in some counties by a federal judge in 2019. It is now illegal in the entire state of Ohio to have an abortion once the fetal heartbeat is detected (around 6 weeks into the pregnancy).
- South Dakota: Previously, state law in SD banned abortion after 22 weeks into pregnancy. The state law now makes all abortions illegal unless the mother's life is in danger.
- Tennessee: Abortions have been legal in Tennessee but will be illegal from July 24, 2022, with no exceptions for rape, incest, or assault.
- Utah: Abortions can still be performed in Utah for 14 days from the overturning of Roe vs. Wade. The state's trigger law will then go into effect, banning most abortions.
- West Virginia: The state's only abortion clinic has ceased treatment after abortion is criminalized. Previously, abortions were legal in the first 22 weeks of pregnancy.
States to Watch
- Arizona: While abortions are still allowed within the first 22 weeks of pregnancies, this may change with more harsh restrictions.
- Georgia: Georgia abortion laws are likely to restrict abortions to within the first 6 weeks of pregnancy.
- Louisiana: A judge is currently blocking a ban on all pregnancies.
- Michigan: Michigan does have a statute banning all abortions (with the exception of those that threaten the mother's life) that could be enforced. However, Michigan Governer Gretchen Whitmer has filed a lawsuit to protect abortion rights in the state.
- Nebraska: Abortions are still legal until the 22nd week of pregnancy in most Nebraska counties. However, the pro-life state will likely enforce more restrictions.
- Texas: Texas started banning abortions when Roe vs. Wade was overturned. However, a judge has temporarily blocked this ban on Tuesday, June 28, 2022, making abortions legal again. However, this is likely to change. The state's trigger law is expected to take effect in the summer, making abortions illegal after a fetal heartbeat is detected (around 6 weeks).