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Deciphering the Post-Roe Abortion Laws by State

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.

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