State abortion law changes, challenges since Dobbs ruling: A patchwork
Roe v Wade overturned: 2 years later
June marks two years since the Dobbs ruling overturned Roe v Wade. Democrats have made a big push to examine how the healthcare landscape has changed for women across the country.
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Monday marks two years since the U.S. Supreme Court overturned the federal right to an abortion.
The Dobbs decision issued June 24, 2022 upheld Mississippi’s ban on abortion after 15 weeks. Since then, states have enacted a range of laws from near-total abortion bans to shield laws protecting patients from other states who travel to get the procedure. The decision has even bled into questions on the FDA’s independence and access to in vitro fertilization.
Many active state laws are still in flux, and all eyes are on November when several states will put the abortion issue directly in the hands of voters.
Here is a state-by-state guide to abortion laws today and how they have changed in the last two years:
Impacts of Dobbs: More than 171K patients traveled out-of-state for abortions in 2023, new data shows
Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | Washington D.C.| West Virginia | Wisconsin | Wyoming
Abortion is banned outright with few exceptions.
Exceptions: When the pregnant person’s life is in danger.
Changes since Dobbs: None, enforcement kicked in after decision.
Other reproductive news in the state: Alabama shook the reproductive rights community in February when the state Supreme Court ruled that frozen embryos created through in vitro fertilization should be treated legally as children. It temporarily halted IVF treatments at clinics in the state, but the state legislature passed protections for the procedure in the weeks that followed.
Abortion is legal.
Exceptions: Abortions must be performed by a licensed physician.
Changes since Dobbs: None. The right to “reproductive choice,” is protected under the state constitution, so it is likely to stay legal, according to the Center for Reproductive Rights.
Other reproductive news in the state: Alaska Gov. Mike Dunleavy is anti-abortion, despite the state’s protections.
Abortion is banned after 15 weeks.
Exceptions: Abortions are allowed for medical emergencies at any point in the pregnancy. Patients must also make two trips at least 24 hours apart and receive an ultrasound, according to the Guttmacher Institute.
Changes since Dobbs: The undoing of Roe v. Wade in 2022 led to a petition to remove an injunction on a 160-year-old law to ban abortions. On April 9, the Arizona Supreme court ruled in favor of upholding the law which made the procedure illegal in nearly all instances. The state legislature moved quickly to pass a bill to block the ban. When that repeal goes into effect could be a moving target as it is tied to the end of the legislative session, but State Attorney General Kris Mayes had already indicated she wouldn’t enforce an anti-abortion law.
The earliest the near-total ban could go into effect is September 27.
Other reproductive news in the state: Organizers in Arizona are closing in on gathering enough signatures to put a constitutional amendment to protect abortion on the ballot in November.
Map: Tracking abortion-related ballot measures in the upcoming election
Abortion is banned outright with few exceptions.
Exceptions: If the abortion is required to save a pregnant person’s life.
Changes since Dobbs: The state had a trigger ban in place, effective immediately after the decision. In 2023, the Attorney General declined an effort to get an abortion amendment on the ballot before they started collecting signatures.
Other reproductive news in the state: Arkansas could have the measure on the ballot this year.
More: Florida, New York have abortion on the 2024 ballot. What’s happening in other states?
Abortion is legal until 24-26 weeks, the time of fetal viability.
Exceptions: Abortion legal after viability to protect the patient’s life or health.
Changes since Dobbs: The state has pushed through laws to help protect access for providers and patients in other states through shield laws.
Other reproductive news in the state: Gov. Gavin Newsom signed legislation in 2024 to temporarily allow abortion providers from Arizona to practice in California.
Abortion is legal in all cases, no deadline.
Exceptions: Minors must have parental consent.
Changes since Dobbs: In 2023, Colorado enacted an interstate shield law to protect providers and patients from criminal consequences across state lines, according to the Center for Reproductive Rights.
Other reproductive news in the state: In November, Coloradans will be able to vote on a constitutional amendment to protect the right to an abortion.
Abortion is banned after viability (24-36 weeks).
Exceptions: Abortions allowed after viability to save a pregnant person’s health.
Changes since Dobbs: In the wake of the decision, the state passed a series of laws aimed at further protecting the right to an abortion. Those included protecting providers from actions taken in another state, allowing pharmacists to prescribe birth control and protecting patient health data.
Abortion is legal until viability.
Exceptions: Parental notice is required for minors. After viability, abortions allowed only to save a pregnant person’s life or if the fetus is not expected to survive.
Changes since Dobbs: The state enacted protections for abortion providers to shield against other states in June 2022, according to the Center for Reproductive Rights.
Abortion is banned after 6 weeks.
Exceptions: Exceptions are in place for pregnancies resulting from rape, incest or human trafficking up until 15 weeks, but they must show proof it has been reported to officials. Abortions may also be performed to save the pregnant woman’s life, avoid serious health risk or if the fetus has a fatal fetal abnormality.
Changes since Dobbs: The six-week ban went into effect in May 2024. Before the six-week ban, the house had passed a 15-week ban that went through legal challenges up to the state supreme court.
Other reproductive news in the state: Florida will vote on abortion access through viability in November.
Abortion is banned after 6 weeks.
Exceptions: Up until 20 weeks, Georgia has exceptions to the ban for medical emergencies and cases of rape and incest.
Changes since Dobbs: Georgia passed the six-week ban in November 2022, and it was upheld by the state supreme court in 2023, according to the Center for Reproductive Rights.
Other reproductive news in the state: Abortion access was a central point in the Georgia Supreme Court race, according to The Hill, but the Democratic opponent lost to the conservative justice in May.
Abortion is legal until viability.
Exceptions: After viability, abortions are allowed to save a pregnant person’s life.
Changes since Dobbs: The state has enacted shield laws to protect patients and providers from other state agency investigations, according to the Center for Reproductive Rights.
Abortion is banned outright.
Exceptions: If proven in court by a medical provider, abortions can be allowed to save a pregnant person’s life or in the case of incest or rape if it has been reported to law enforcement.
Changes since Dobbs: The current ban went into effect August 2022. The exceptions were narrowed in 2023, according to the Center for Reproductive Rights.
Other reproductive news in the state: In April, 2024, The U.S. Supreme Court heard a Biden administration challenge to the near-total abortion ban which argued it violated federal law by not providing emergency care to mothers.
More: Supreme Court updates: Does Idaho abortion ban conflict with federal law?
Abortion is legal until viability.
Exceptions: Abortions are allowed after viability if necessary to save a pregnant person’s life.
Changes since Dobbs: In January 2023, the state enacted interstate shield law, according to the Center for Reproductive Rights and in July 2023, the state passed a law prohibiting anti-abortion centers from using deceptive practices to try to interfere with an abortion.
Other reproductive news in the state: Illinois is a hub for those traveling for abortion, according to a New York Times analysis.
Abortion is illegal in Indiana.
Exceptions: Allowed in instances when it is necessary to protect the life of the parent.
Changes since Dobbs: In 2022, the state enacted the total ban, but it was initially blocked in court. In 2023, the state Supreme Court rejected a challenge and the ban went into effect.
Abortion is legal until 22 weeks, but patients must make two trips, get an ultrasound even if not medically necessary and parenteral notice is required for minors.
Exceptions: After 22 weeks, abortion is legal to save the life of the pregnant person.
Changes since Dobbs: In 2023, the state enacted a 6-week abortion ban that is on hold by the courts. The state Supreme Court is expected to issue a final ruling in the coming months.
More: I’ve seen the horrors women endure when denied health care. Iowa’s abortion law scares me.
Abortion is legal until 22 weeks.
Exceptions: After 22 weeks, exceptions can be made to save the pregnant person’s life. Parent consent is required for minors.
Changes since Dobbs: In 2022, voters rejected an effort to amend the state constitution to declare there would be no right to an abortion in the state.
Abortion is illegal in Kentucky.
Exceptions: Abortion allowed in the case of a medical emergency.
Changes since Dobbs: In 2022, voters opted for the right to choose by rejecting a proposed constitutional amendment that would have further cemented the state’s lack of abortion protection.
Other reproductive news in the state: Pro-choice advocates tried again to expand exceptions earlier this year, according to AP.
2023 Election lessons: Abortion delivers for Democrats from Ohio to Virginia to Kentucky
Abortion is illegal in Louisiana.
Exceptions: Abortion allowed in the case of a medical emergency.
Changes since Dobbs: A trigger ban went into effect with the Dobbs decision. In 2023, the state enacted a tax-credit for people who donate to crisis pregnancy centers, according to the Center for Reproductive Rights.
Other reproductive news in the state: In spring of 2024, Louisiana became the first state to classify mifepristone, a drug commonly used for abortion mifepristone, as a controlled substance, but it is still allowed for pregnant women.
More: Which 14 states have abortion bans?
Abortion is legal until viability.
Exceptions: After viability, abortions are still allowed to save a pregnant person’s life.
Changes since Dobbs: The state has passed several protections for providers and out of state patients.
Other reproductive news in the state: The state failed to pass a state constitutional amendment protecting the right to an abortion, according to the Associated Press.
Abortion is legal.
Exceptions: Minors must give notice to parents or guardians.
Changes since Dobbs: The state has enacted shield laws to protect against other state bans.
Other reproductive rights news in the state: In November, Maryland voters will be voting on a constitutional amendment to guarantee the right to reproductive freedom, according to Ballotpedia.
Abortion is legal up until 24 weeks.
Exceptions: Abortion allowed after 24 weeks if the pregnant woman’s life is in danger.
Changes since Dobbs: Massachusetts has passed shield laws for providers and patients.
Other reproductive rights news in the state: The Governor’s office recently launched a campaign to warn against the dangers of anti-abortion centers known as “crisis pregnancy centers.”
Abortion is legal.
Exceptions: Abortion may be restricted after viability, unless it is necessary to save a pregnant person’s life, according to the Center for Reproductive Rights. A 24-hour waiting period between counseling and the procedure and parental consent for minors is required, according to the Guttmacher Institute.
Changes after Dobbs: Voters approved a constitutional amendment protecting the right to an abortion.
Other reproductive news in the states: Earlier this year, the “Reproductive Health Act” went into effect to try to lower more barriers to access to abortion.
Abortions in Michigan: What we know about the women who get them
Abortion is legal.
Exceptions: According to the Attorney Generals Office, Minnesota prohibits the government from imposing restrictions.
Changes since Dobbs: The state passed several pieces of key legislation in 2023, including bills that repealed a required 24-hour waiting period. Parental consent is also no longer required for minors.
Other reproductive news in the state: A recent push to amend the state constitution to further solidify protections for abortion failed, according to the Associated Press.
Abortion is illegal.
Exceptions: To save the live of the pregnant person or in reported cases of rape or incest. Patients must also go to two appointments and minors are required to notify parents.
Changes since Dobbs: The current trigger ban went into place days after the Dobbs decision.
Other abortion news in the state: Mississippi and others sought and received an injunction from a federal judge that decided it does not have to comply with a federal rule that gives people time off for an abortion, according to the AP.
Abortion is illegal.
Exceptions: Abortions allowed when necessary to save the pregnant person’s life. The patient must take on the burden of proof to show that is necessary.
Changes since Dobbs: The state began enforcing a trigger ban after the June 24, 2022 decision.
Other reproductive rights news in the state: A judge recently ruled against several religious groups in favor of abortion that argued the ban violated their religious rights, the Washington Examiner reported.
Abortion is legal until viability.
Exceptions: Abortions are legal after viability if it is necessary to save the pregnant person’s life. Minors seeking an abortion also require parental consent.
Changes since Dobbs: A judge struck down several laws restricting access to the procedure earlier this year, the AP reported.
Other reproductive news in the state: In 2022, a ballot measure known as the “Born-Alive Infant Protection Act” failed.
More: Florida, New York have abortion on the 2024 ballot. What’s happening in other states?
Abortion is banned after 12 weeks.
Exceptions: Abortion is allowed after 12 weeks to save the life of a pregnant person or if the pregnancy resulted from rape or incest.
Changes since Dobbs: 12-week ban was enacted in May 2023. Challenges in court failed, according to the Center for Reproductive Rights.
Other reproductive news in the state: Three ballot initiatives on abortion are being considered for the election in November: a total ban, and enacting abortion-access windows in the constitution set at 12 and 24 weeks.
Abortion is legal until 24 weeks.
Exceptions: A parent or guardian must be notified about a minor’s abortion.
Changes since Dobbs: In June 2022, the governor signed an executive order protecting providers from out of state investigations, and the protections were codified the following year.
Other reproductive news in the state: Activist groups are seeking to put an abortion constitutional amendment measure on the ballot in November.
Abortion is legal until 24 weeks.
Exceptions: Parental notice is required for patients who are minors. Abortions are allowed after 24 weeks to save the life of the parent or in cases of fatal fetal anomalies.
Since Dobbs: The state House proposed a 15-day abortion ban, a de facto total ban, and a constitutional protection, but both measures failed according to New Hampshire Public Radio.
Abortion is legal.
Exceptions: New Jersey encourages the patient to discuss limitations to getting an abortion with their healthcare provider.
Since Dobbs: The governor has called on banning of out-of-pocket costs for an abortion, according to AP.
Abortion is legal.
Exceptions: According to New Mexico Health, the procedure is private and protected.
Changes since Dobbs: In 2023, the state codified previous executive orders to prohibit state agencies from cooperating with out of state investigations and shielding providers and patients, according to the Center for Reproductive Rights.
Other reproductive news in the state: New Mexico has become a hub for people from Texas traveling for an abortion, according to a NYT analysis.
Abortion is legal until viability.
Exceptions: After 24 weeks, abortion is still allowed if the parent’s health or pregnancy is at risk.
Changes since Dobbs: New York has passed several shield laws to protect providers and patients from out of state investigations.
Other reproductive rights in the state: An abortion protection measure may appear on the ballot this year, according to Ballotpedia.
More: In states with abortion restrictions, 8,000 people each month get abortion pills elsewhere
Abortion is banned after 12 weeks.
Exceptions: Abortion is allowed through the 20 weeks if the pregnancy is a result of incest or rape, and through the first 24 weeks if the fetus has a life-limiting anomaly. It is allowed at any point when there is a medical emergency.
Changes since Dobbs: The current ban was enacted by the state and went into effect July 1, 2023.
Other reproductive news in the state: Some of North Carolina’s restrictions on abortion pills were struck down by a federal judge on the grounds they circumvent federal regulation of the drug, according to AP.
Abortion is illegal.
Exceptions: Saving the pregnant person’s life and personal health. The state also has an exception for rape and incest, but only through six weeks of pregnancy, according to the Center for Reproductive Rights.
Changes since Dobbs: The state had a trigger ban in place that was put under an injunction, until the state replaced it with the ban that has been enforceable since April 2023, according to CRR.
Abortion is legal up until 22 weeks.
Exceptions: Parental consent is required for minors. Patients must wait 24 hours after their first visit to have the procedure.
Changes since Dobbs: Immediately after Dobbs, the state began enforcing its six-week ban but it later was placed under injunction and is not in effect. In November 2023, voters approved a constitutional amendment to protect reproductive decision making.
Other reproductive news in the state: There have been several efforts to restrict and expand access to abortions, but little has changed.
Abortion is illegal.
Exceptions: To save the parent’s life.
Changes since Dobbs: The decision put into effect a trigger law, but the state supreme court struck down a law criminalizing abortion.
Other reproductive news in the state: An Oklahoma woman was told to wait in the car with a potentially life-threatening pregnancy complication until she was sick enough to receive an abortion, the Washington Post reported. She filed a complaint with the Biden administration but they rejected it, according to the Post.
Abortion is legal.
Exceptions: Those under the age of 15 need consent for treatment, but is up to the discretion of the health care providers.
Changes since Dobbs: In 2023, the state passed shield laws to protect patients and providers from investigations in other states, and paved the way for those under the age of 15 to be able to consent to an abortion without a guardian.
Abortion is legal until 24 weeks, with some barriers to accessing care.
Exceptions: Abortion legal after 24 weeks if necessary due to health risks. Abortions for minors require parental consent.
Changes since Dobbs: In July 2022, the governor issued an executive order protecting those who come to the state for services from legal pushback.
Other reproductive news in the state: Pennsylvania currently does not have legal protections for abortion, even though the current governor is supportive, according to the Center for Reproductive Rights.
Abortion is legal until viability.
Exceptions: After viability, abortion is legal in order to save someone’s life. Parental consent is required for minors to receive abortion care.
Changes since Dobbs: In 2023, the state expanded Medicaid and state employee insurance to cover abortion.
Abortion is banned after six weeks.
Exceptions: Medical emergencies, if the pregnancy is a result of incest or rape, and some fetal diagnoses.
Changes since Dobbs: The current ban went into effect in May 2023.
More: Abortions in SC plummeted after six-week ban enacted; mifepristone limit could be next
Abortion is illegal.
Exceptions: Abortion may be a allowed if necessary to save someone’s life.
Changes since Dobbs: The decision put into place a trigger ban. In 2023, the state carved out an exception to prevent women who receive an “unlawful abortion” from being held criminally liable, according to the Center for Reproductive Rights.
Other reproductive news in the state: A ballot measure for abortion protections has been certified for November’s election. However, an anti-abortion group challenged it in court, according to local station KFGO.
Abortion is illegal.
Exceptions: Abortion allowed if “necessary to prevent the death of pregnant woman or prevent serious risk of substantial and irreversible impairment of major bodily function.”
Changes since Dobbs: The current ban was a trigger law in place that went into effect 30 days after the right to an abortion was overturned.
Other reproductive news in the state: Doctors and patients brought forward a lawsuit earlier this year arguing the vague language led to people with pregnancy complications being turned away from the doctor, according to Reuters.
Abortion is illegal.
Exceptions: The patient has a life-threatening condition that or one that could leave significant bodily impairment.
Changes since Dobbs: The state’s trigger ban took effect August 2022. The law criminalized abortion, but some legal liabilities have since been rolled back, according to the Center for Reproductive Rights.
Other reproductive news in the state: A federal judge in Texas decided to restrict access to a popular abortion drug mifepristone, which would have undermined the authority of the FDA, but a Supreme Court ruling struck down that ruling. The Texas Supreme Court rejected a lawsuit from women who said the abortion ban in the state prevented them from receiving emergency care for pregnancy complications, according to the Texas Tribune.
More: Supreme Court preserves access to widely used abortion medication mifepristone
Abortion is banned after 18 weeks of pregnancy.
Exceptions: Allowed when abortion is necessary to save a pregnant person’s life, if the fetus is not expected to survive or if the pregnancy is a result of incest or rape.
Changes since Dobbs: After the decision, a trigger law banning abortion at all times in the pregnancy with limited exceptions went into effect but it was held up in court, according to the Center for Reproductive Rights.
Abortion is legal.
Exceptions: According to state law, interference with reproductive choice is prohibited.
Changes since Dobbs: The state has enshrined the right to an abortion in the state constitution and enacted interstate shield laws, according to the Center for Reproductive Rights.
More: From health care to safety: Survey ranks Vermont fourth Best State for Women to Live
Abortion is legal until 27 weeks into the pregnancy.
Exceptions: After 27 weeks, abortions can be permitted to save a pregnant person’s life.
Other reproductive news in the state: Democrats took control of the state House in November, and successfully blocked a bill that would have put in place a near-total ban, the AP reported.
Abortion is legal until viability.
Exceptions: Abortions after viability may be permitted if necessary to safe the parent’s life or health.
Changes since Dobbs: The state has enacted shield laws to protect providers and patients from out of state action and issued public funding towards abortion, according to the Center for Reproductive Rights.
Other reproductive news in the state: The governor is seeking to codify in state law that hospitals must provide abortions if needed in emergency situations, according to the Associated Press, though there is no apparent evidence emergency abortion parents are being turned away in the state.
Abortion is legal.
Exceptions: According to the Attorney General, a medical provider and patient decide if it is appropriate.
Changes since Dobbs: D.C. has laws protecting patients who receive an abortion from other states.
Abortion is illegal.
Exceptions: A medical emergency, ectopic pregnancy, or if the fetus is “nonmedically viable,” according to the Center for Reproductive Rights. If the pregnancy is the result of rape or incest, survivors must report it to law enforcement and have eight weeks to receive care. Parental consent is required for minors.
Changes since Dobbs: The current ban went into effect in September 2022, after a judge blocked the pre Roe v. Wade abortion ban which made obtaining an abortion a felony.
Abortion is legal until 22 weeks.
Exceptions: Some barriers are in place for those accessing abortion within the first 22 weeks, such as a 24 hour waiting period and medically unnecessary ultra-sounds, according to the Guttmacher Institute.
Changes since Dobbs: After Dobbs, abortions were halted in the state due to an 1849 law that banned all abortions. A lower court found that law did not apply to consensual abortions, and the procedure became available again in September of 2023.
Other reproductive news in the state: The decision is being appealed, but the Wisconsin Supreme Court has a liberal majority and is likely to uphold the decision.
Abortion is legal until viability.
Exceptions: Minors must receive parental consent.
Changes since Dobbs: The state has tried to enact stricter bans, but both are held up in court, according to the Center for Reproductive Rights.
Other reproductive news in the state: Wyoming passed the nation’s first explicit ban on medication abortions, which is still being considered in courts, according to AP.
Contributing: Kate Perez, Sara Chernikoff, Maya Marchel Hoff, C. A. Bridges, Savannah Kuchar, Shari Rudavsky, Michaela Ramm, Greg Hilburn, Jessie Balmert, Hope Karnopp
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