Nearly three months after the West Virginia lawmakers passed a near-total ban on Tuesday., individual states are continuing to introduce legislation further restricting abortion access.
HB 302, expected to be signed by Gov. Jim Justice, makes exceptions in cases of a medical emergency. But survivors of rape and incest would be required to file a police report within 48 hours and present a copy of it or a notarized physician's letter before a procedure could be performed.
Also on Tuesday, South Carolina Sen. Lindsey Graham sponsored a bill that would.
Read on to learn about current abortion laws and upcoming ballot initiatives and court cases in all 50 states. For more on reproductive rights, visit the US Department of Health and Human Services website.
What are the abortion laws in your state?
With the Dobbs decision overturning Roe v. Wade, abortion laws vary greatly from state to state. Nearly a third of American women have lost access to abortion and, if courts lift injunctions blocking abortion bans in various states, that percentage would rise to 36%, The Washington Post reported.
Below are the latest regulations in all 50 states, as well as in Washington, DC, and Puerto Rico. New laws and legal challenges are expected, so check with your state health department for the most up-to-date information.
Passed in 2019, Alabama's HB 314 bans almost all abortions, except in cases of life-threatening pregnancies. The law had been put on hold due to legal challenges but will likely go into effect with Roe v. Wade being overturned.
Until the law's current injunction is overruled, abortions are prohibited after 22 weeks of gestation. The state also requires counseling, ultrasound, a 48-hour waiting period and parental consent for minors.
Abortions are fully legal in Alaska, though state-directed counseling is required, as is parental consent for minors. The Alaska Supreme Court ruled that abortion is protected by the state constitution.
Alaskans will decide in a November 2022 referendum whether to hold a constitutional convention as a path toward banning abortion in the state.
A law signed by Republican Gov. Doug Ducey in March bans abortions after 15 weeks of pregnancy except if necessary to save the mother's life. Physicians performing abortions face felony charges and loss of their professional licenses.
The statute is slated to take effect 90 days after the legislature adjourns its 2021-2022 session.
Arizona Attorney General Mark Brnovich says an 1864 law predating Arizona statehood and mandating prison time for abortion providers is in effect now and supersedes the newer statute. Ducey has said the newer statute takes precedence. On July 13, Brnovich filed a lawsuit with the Pima County Superior Court, asking to remove the injunction on the 158-year-old territorial law, which bans all abortions.
Previously, Arizona allowed abortions until fetal viability, approximately 24 to 28 weeks. Arizona requires state-directed counseling, ultrasound, a 24-hour waiting period and parental consent for minors.
A 2019 law, HB 318, makes providing an abortion a felony, punishable by up to 10 years in prison or a fine of up to $100,000. There are exceptions in cases of life-threatening pregnancies.
Abortion in California is legal until the point of fetal viability.
In 2002, the California Legislature passed a law that prevents the state from denying or interfering with a woman's right to obtain an abortion up to that point, or when an abortion "is necessary to protect the life or health of the woman."
Democratic Gov. Gavin Newsom has pledged to make California an abortion sanctuary state, establishing it as a haven for people who need access to abortion, whether they live in California or not.
A referendum on the November ballot would enshrine the right to abortion and access to contraception in the California constitution.
Colorado allows abortion until fetal viability, though parents of minors must be notified.
In 2020, voters rejected a ban on abortions after 22 weeks. In April 2022, Colorado lawmakers passed HB 22-1279, codifying protections for reproductive care, including abortion, and ensuring that fertilized eggs, embryos and fetuses don't have the rights of personhood under Colorado law.
Connecticut allows abortions only up to the point of fetal viability unless necessary to preserve the woman's life or health. Patients under 16 can obtain an abortion after receiving counseling from a nurse or clinician.
In May 2022, Democratic Gov. Ned Lamont signed first-in-the-nation reproductive rights legislation making Connecticut an abortion sanctuary state. Starting July 1, medical providers are shielded from laws in other states that have outlawed abortion, as are patients who travel to the state for abortion services and anyone who helps them.
Delaware law allows abortions until the point of fetal viability.
In June 2022, lawmakers introduced House Bill 455, which would protect Delawareans who obtain, provide or assist others with getting legal abortions from facing civil suits in other states. It would also allow physician assistants and certified nurse practitioners and nurse-midwives to perform abortions.
In April 2022, Republican Gov. Ron DeSantis signed a law banning abortion after 15 weeks, set to take effect July 1, with exceptions to prevent serious harm or death of the patient but not in cases of incest, rape or human trafficking.
Among the groups challenging the law is Congregation L'Dor Va-Dor, which argues that the ban violates Jewish teachings on reproductive rights.
On June 30, Judge John Cooper temporarily blocked enforcement of the 15-week ban, calling it unconstitutional because it violates the privacy provision of the Florida constitution. The state has appealed to the Florida Supreme Court, which automatically ensures a stay on Cooper's injunction while the various legal challenges play out, The Guardian reported.
With Roe now overturned, a 2019 Georgia law goes into effect banning most abortions after about six weeks, before many people know they're pregnant. There are exceptions for cases of rape or incest when a police report has been filed, and when a pregnancy has been deemed "medically futile" by a physician.
The 2019 ban faces a legal challenge from the SisterSong Women of Color Reproductive Justice Coalition but has been allowed to take effect while the case works its way through the courts.
Previously, abortion was legal in Georgia up to 20 weeks into a pregnancy.
In 1970, Hawaii became the first state to fully legalize abortion up to the point of fetal viability.
In 2006, the state amended its law to ensure full access to abortion services no matter what happened on the federal level. It also removed a requirement that individuals seeking an abortion be a resident for at least 90 days and allowed the procedure to be performed outside of hospitals in clinics and doctors' offices.
In March 2022, Idaho lawmakers passed Senate Bill 1309, modeled on a Texas law that allows potential relatives of an embryo or fetus to sue medical providers for abortions performed after six weeks. In April, the state Supreme Court temporarily blocked SB 1309, but a court overruled that injunction on Aug. 12, allowing the law to take effect immediately.
A separate Idaho trigger law passed in 2020 banning all abortions was also blocked in April, but the court decision allowed the law to take effect Aug. 25.
The US Department of Justice has sued Idaho, claiming that the lack of an exception for medical emergencies in the state's total abortion ban is unconstitutional. A federal judge has temporarily blocked part of the new law, saying the state can't ban abortion when it conflicts with federal law about emergency abortion care.
Abortion is legal in Illinois up until the point of fetal viability, and that isn't expected to change.
In 2019, the state removed regulations for abortion providers with a law declaring a "fundamental right" to abortion.
On Aug. 5 the Indiana Legislature passed legislation that would make providing an abortion a felony in almost all cases. Republican Gov. Eric Holcomb signed the bill into law just moments later.
Set to go into effect on Sept. 15, it's the first state ban passed since the Supreme Court struck down Roe v. Wade.
Previously, Indiana technically allowed abortions up to 22 weeks of pregnancy, but strict limitations -- including bans on abortion medication after 10 weeks and requirements for state-directed counseling and ultrasound at least 18 hours before an abortion -- meant most abortions happened in the first 13 weeks of pregnancy, NPR reported.
A 2019 law banning dilation and evacuation abortions had been previously blocked by a court ruling, but a court decision on July 8 overturned the injunction, allowing the ban to take effect immediately.
Iowa allows abortions up to 20 weeks after fertilization and requires an ultrasound and parental notification for minors.
In 2019, the state passed a law banning all abortions after six weeks, but it was struck down by the Iowa Supreme Court. The status of that law won't change even though Roe v. Wade is no longer the law of the land.
Kansas bans abortions after 22 weeks and requires patients to undergo ultrasounds and state-directed counseling.
Republican lawmakers banned dilation and evacuation abortions in 2019, but the law was struck down by the state Supreme Court.
On Aug. 2, Kansans overwhelmingly rejected a constitutional amendment that would have removed state protections for abortion, which is allowed there until 22 weeks of pregnancy.
The ballot measure, which was voted down by nearly 59%, marks the first time voters in the US have weighed in on reproductive rights since the Supreme Court.
In 2019, Kentucky became one of the first states to pass an abortion trigger law, which went into effect after Roe v. Wade was struck down. The law states that providing surgical or medical abortion is a Class D felony, except if necessary to save the life of the patient or to prevent permanent impairment of a life-sustaining organ.
The new law was temporarily blocked by court rulings in June and July, but on Aug. 1, an appeals court reinstated the state's near-total ban, making all abortions in the state immediately illegal.
Before Dobbs, Kentucky allowed abortions up to 22 weeks, requiring parental consent for minors, ultrasound, state-directed counseling and a 24-hour waiting period.
In November 2022, Kentucky voters will decide by referendum whether the state constitution suggests a right to abortion or government funding for abortion.
In 2006, Louisiana passed a trigger law that bans all abortions except to prevent "substantial risk of death or permanent impairment under certain circumstances."
After Roe was struck down, the law was temporarily blocked pending a lawsuit by the Center for Reproductive Rights. On July 8, a Louisiana court lifted the stay on the near-total ban, but it was reinstated four days later with a hearing set for July 18.
Louisiana amended its state constitution in 2020 to remove any language that might imply the right to an abortion.
Maine allows abortions up to fetal viability, and beyond that in cases of life endangerment.
In 2019, Maine codified legal abortion into law and passed legislation allowing people other than doctors to perform the procedure. In April, the state passed a law designed to prevent the harassment of patients at abortion clinics.
Abortion is legal in Maryland up until the point of fetal viability, though in the case of a minor, parents must be notified.
In 1992, Maryland voters passed a referendum affirming access to abortion, intended to protect abortion in Maryland in case the US Supreme Court overturned Roe v. Wade.
Massachusetts allows abortion until fetal viability. In 2018 the state passed a law removing outdated restrictions on abortion.
In late 2020, the state also passed legislation called the Roe Act, which expanded access to abortion and made it explicitly legal in the case of Roe v. Wade being overturned.
Abortions in Michigan are legal until fetal viability, though state-directed counseling and a 24-hour waiting period are required.
With Roe v. Wade overturned, opponents of abortion are looking to enforce a 1931 law making all abortions illegal. Gov. Gretchen Whitmer has sued to block the law, saying that the due process and equal protection clauses of the state constitution make it invalid.
On Aug. 1, a court of appeals ruled that the injunction against the 1931 law does not apply to county prosecutors, but an Oakland County judge issued a temporary restraining order prohibiting its enforcement.
There's a referendum on the ballot in November that seeks to affirm the right to abortion in the state constitution.
Minnesotans' right to abortion is protected by a 1995 ruling by the state's Supreme Court, and Gov. Tim Walz has declared that "no abortion ban will ever become law" during his term.
In July, a Minnesota district court ruled that some restrictions -- including a 24-hour waiting period, two-parent notification requirement for minors and a ban on nurse practitioners and midwives performing abortions -- went against the state constitution. The decision may be appealed, but reproductive rights activists say it bolsters Minnesota's status as an abortion access "island" in the Midwest, where many states have enacted total or near-total bans.
Mississippi's Gestational Age Act of 2018, which limited abortions to the first 15 weeks of pregnancy, was the subject of the Supreme Court case that led to the overturning of Roe v. Wade.
A Mississippi trigger law passed in 2007 outlaws all abortions except in cases of rape or to save the life of the patient. The law went into effect on July 7, 2022. On July 20, Jackson Women's Health Organization, the only abortion clinic in the state and the subject of the historic Supreme Court ruling, dropped its plans to challenge the state's abortion law.
Following the Supreme Court ruling, Missouri invoked a trigger law banning all abortions in the state, with an exception if the life of the mother is at stake but not in cases of rape or incest.
The law makes inducing an abortion a class B felony, with a possible prison sentence of five to 15 years. Abortion providers can also have their medical licenses suspended or revoked.
Previously, abortions were banned after 20 weeks' gestational age and required state-directed counseling, ultrasound and a 72-hour waiting period.
A 1999 Montana law permits abortion until the point of viability, defined as "the ability of a fetus to live outside the mother's womb," or at about 24 weeks of pregnancy. Exceptions are allowed to save the life or health of the mother.
Abortion restrictions passed in 2021 -- including banning the procedure after 20 weeks, eliminating telehealth services for medication abortions and mandating providers offer patients the opportunity to view an ultrasound or hear a fetal heartbeat -- are currently being enjoined while they face a legal challenge from Planned Parenthood.
A referendum before voters in November would extend legal personhood to infants "born alive" at any stage of development and require those born from induced labor, cesarean section or failed abortion to receive medical care.
Abortions in Nebraska are legal until 22 weeks of pregnancy. The state requires mandated counseling and a 24-hour waiting period, as well as parental consent for minors and a ban on telemedicine for abortion medication.
In February, the state failed to pass a trigger law that would've banned all abortions when Roe v. Wade was overturned. Nebraska legislators have indicated they may call a special session to try again to pass the bill.
Nevada allows legal abortions up until 24 weeks. In 1990, state law revisions protecting abortion were passed by referendum and can't be changed by the legislature without a repeal from state voters. Only physicians can perform abortions, and parental consent is required for minors.
New Hampshire has no specific laws protecting abortion. A 2022 state law made abortions after 24 weeks illegal and added several requirements, like ultrasound and parental consent for minors.
In May 2022, Gov. Chris Sununu signed a law allowing abortions after 24 weeks in the case of fatal fetal anomalies.
Abortion remains legal in New Jersey. Assembly Bill 6260, passed in January 2022, protects the right to abortion and removed several restrictions from the law, including the requirement that only physicians provide abortions.
In 2000, the state Supreme Court struck down a law requiring parental consent for minors.
In 1969, New Mexico passed a law criminalizing abortion, but the state legislature repealed it in February 2021. The repeal also removed requirements for parental consent for minors.
There's no law protecting abortion in New Mexico, but the overturning of Roe v. Wade doesn't immediately impact abortion access in the state.
New York state legalized abortion in 1970, a few years before the Supreme Court ruling in Roe v. Wade, and a 2019 law lifted several restrictions, including a requirement that only physicians could provide abortions.
A 2019 law, Section 2599-BB, removed abortion from the New York state criminal code and allowed abortion after 24 weeks in the case of a life-threatening pregnancy or a nonviable fetus.
Before Dobbs, abortion was legal in North Carolina until fetal viability, considered approximately 22 weeks.
On Aug. 17, 2022, a US district court judge lifted an injunction against a law banning abortions after 20 weeks of pregnancy. The hold had been in place since 2019 but was lifted now that Roe has been overturned.
State regulations also mandate parental consent for minors, ultrasound, mandatory state-directed counseling and a 72-hour waiting period before terminating a pregnancy.
Passed in 2013, North Dakota's trigger law makes terminating a pregnancy a Class C felony punishable by a maximum penalty of five years in prison and a $10,000 fine, except to save the life of the mother or in the case of rape or incest.
The state's only abortion clinic, Red River Women's Clinic in Fargo, has filed suit, alleging that North Dakota Attorney General Drew Wrigley prematurely certified the Supreme Court ruling striking down Roe v. Wade.
On July 27, 2022, one day before the law was to take effect, a judge issued a temporary injunction pausing enforcement of the abortion ban. The temporary injunction was continued with another ruling on Aug. 25.
On June 24, a federal judge lifted an injunction against an Ohio law that bans abortion after about six weeks into a pregnancy, with an exception if the life of the patient is at stake but not in cases of rape or incest.
Health care providers found guilty of performing an abortion could face felony charges and up to a year in prison.
Senate President Matt Huffman, a Republican from Lima, said residents who seek abortions in other states would not be prosecuted. "If someone is going to go to New York to have an abortion, we're not going to know that and we're not going to be able to prevent that," Huffman told USA Today.
Previously, abortions were legal in Ohio up to 20 weeks after fertilization, though they required mandatory counseling, a 24-hour waiting period and ultrasound.
Post-Roe, anyone who performs an abortion at any point after fertilization could be subject to up to two to five years in prison unless the life of the mother is at risk. (A trigger law went into effect on Aug. 26 that increases the penalties to 10 years in prison and/or a fine of $100,000.)
The statute makes exceptions for miscarriages, ectopic pregnancies, to save the life of the patient and if the pregnancy is the result of rape or incest that has been reported to law enforcement. It is also aimed at medical professionals -- a woman having an abortion would not be charged.
Like the Texas ban, Oklahoma's law allows private citizens to sue anyone who helps a woman obtain an abortion for at least $10,000 in damages.
Oregon has enacted several laws to expand access to reproductive care. In 1983, abortion became a right under the state Constitution. In 2017, the state began allowing nonphysician health professionals to provide abortion care and passed a law that requires private insurers to cover the costs of abortion.
In 2018, voters rejected a ballot measure to restrict use of state funds for abortion.
Pennsylvania allows abortions up to 24 weeks after the last menstrual period. In 1982, the state legislature added requirements including state-directed counseling, ultrasound, a 24-hour waiting period and parental consent for minors.
Abortion has been legal in Puerto Rico since 1937. Before Roe v. Wade, some Americans living in states where they couldn't legally get an abortion would travel to the US territory to obtain one.
In 2019, Puerto Rico passed some of its first restrictions, including the requirement of parental consent for minors.
Abortions are legal and minimally restricted in Rhode Island. Parental consent is required for minors and only physicians are allowed to perform the procedure.
In 2019, state lawmakers repealed a law criminalizing abortions after 12 weeks and replaced it with a measure that added statutory protections but didn't guarantee the right to abortion in the state constitution.
South Carolina outlaws abortions after six weeks, with exceptions for rape or incest.
Under Roe, abortion was strictly limited, with mandatory state-based counseling, a 24-hour waiting period and a ban on abortions after 20 weeks post-fertilization.
A trigger law passed in 2005 bans abortions except in the case of life-threatening pregnancies.
Under Roe, South Dakota banned abortions after 22 weeks, requiring counseling and mandating a 72-hour waiting period. A law signed in March 2022 further restricted abortion medication.
A 2019 trigger law passed in 2019 that effectively bans abortion unless it can be proven in court that the mother's life is at stake went into effect on Aug. 25.
Tennessee voters amended the state constitution in 2014 to remove abortion protections granted by a state Supreme Court ruling in 2000.
In 2021, Texas passed a trigger law that criminalizes almost all abortions after six weeks except to save the life of the mother or if they risk "substantial impairment of major bodily function." The law, which makes providing an abortion punishable by up to life in prison and fines of up to $100,000, took effect on Aug. 25.
On July 1, the state Supreme Court ruled Texas could also enforce a 1925 abortion ban that allows for civil charges to be filed against someone assisting in the termination of a pregnancy.
With Roe v. Wade overturned, a trigger law passed in 2020 makes performing an abortion a second-degree felony in Utah, punishable by up to 15 years in prison and a $10,000 fine. It took effect immediately after the Supreme Court announced its ruling in June.
There are exceptions in the case of rape, incest or a life-threatening pregnancy. Abortion is also permissible in the case of a fatal defect or "severe brain abnormality" in the fetus. This exception does not include Down syndrome, cerebral palsy or other conditions that don't result in a vegetative state.
Enforcement of the law has been stayed while a Planned Parenthood lawsuit works its way through the courts.
Before the June 2022 Supreme Court ruling, women seeking abortions had to agree to state-based counseling, a 72-hour waiting period and parental consent for minors.
Vermont has no major restrictions on abortion. An abortion ban was ruled unconstitutional by the state Supreme Court in 1972 and repealed by the legislature in 2014.
In 2019, Republican Gov. Phil Scott signed Act 47, a sweeping reproductive rights law that established the right to abortion without government interference.
Vermont Proposal 5, the Right to Personal Reproductive Autonomy Amendment, is on the ballot in November and would add language prohibiting government infringement on the right to personal reproductive autonomy "unless justified by a compelling state interest."
Abortion is generally legal in Virginia up until 25 weeks of gestation. A 2020 law repealed several restrictions, including a 24-hour waiting period and a requirement that only physicians provide abortions.
In 2021, the state removed a prohibition on state exchange insurance covering abortion.
In 1971, Washington state repealed criminal penalties for terminating a pregnancy, and abortions are legal up to the point of fetal viability, somewhere between 23 and 24 weeks.
In 2018, the right to abortion was written into a state law that also requires insurers that provide maternity care to cover abortions.
In March 2022, the state passed a law that shields both patients and providers from out-of-state prosecution, in response to laws in Texas and elsewhere allowing citizens to sue abortion providers.
The right to an abortion was codified into law in 2020 with the passage of DC Law 23-90, which also prohibits employment discrimination against health care professionals who perform or are willing to perform abortions.
On Sept. 12, the West Virginia Legislature approved a near-total ban on abortion that is expected to be signed by Republican Gov. Jim Justice. The law would prohibit the termination of a pregnancy except in the case of a medical emergency. Rape and incest survivors would have to report the assault within 48 hours and present a copy of a police report or notarized letter to a physician before the procedure could be performed.
Previously, West Virginia banned abortions after 22 weeks except in cases of life endangerment or severe health risk. In 2018, West Virginia voters agreed to amend the state constitution to specifically declare that it doesn't include any right to abortion.
A law from 1849 makes performing an abortion a felony punishable by three to 10 years in prison. On July 18, Kanawha Circuit Judge Tera Salango stayed the enforcement of that statute because it predates West Virginia statehood and hasn't been enforced in a half-century. West Virginia Attorney General Patrick Morrisey is appealing Salango's ruling.
A law dating to 1849 makes abortion a felony, but it's not clear if the 173-year-old ban will now go into effect as State Attorney General Josh Kaul has said he wouldn't enforce the "draconian" law.
Democratic Gov. Tony Evers has called on the Republican-led legislature to repeal that law, but it isn't expected to do so.
Until now, abortion in Wisconsin has been legal up to the 22nd week, though state regulations require counseling, parental consent for minors, a 24-hour waiting period and mandatory ultrasound. They also prohibit telemedicine for abortion medication.
In March, Wyoming passed House Bill 92, a trigger law that outlaws all abortions except in the case of life-threatening pregnancies.
On July 27, the day HB 92 was set to take effect, a judge temporarily blocked enforcement of the law, siding with a women's health clinic that argued it violates an amendment to the Wyoming constitution saying competent adults have the right to make their own health care decisions. Their lawsuit also claims the ban will harm the women by prohibiting potentially life-saving treatment.
Which states have abortion rights on the ballot on Election Day?
On Aug. 2, Kansans rejected a constitutional amendment that would have removed state protections for abortion. But five other states have put abortion rights on the ballot this fall.
A "yes" vote on Proposition 1, the Right to Reproductive Freedom Amendment, would amend the state constitution to read that the state cannot "deny or interfere with an individual's reproductive freedom in their most intimate decisions," including the choice to have an abortion or to choose or refuse contraceptives.
If it passes, Proposition 1 would go into effect five days after the vote is certified.
Should the measure, endorsed by Gov. Gavin Newsom and Democratic lawmakers, fail, abortion would remain protected under current California law.
The California state constitution already guarantees a right to privacy, which the California Supreme Court has ruled includes the right to have an abortion.
Republican lawmakers, who have a majority in both houses, added Amendment 2 to the ballot, which asks voters to support changing the Kentucky Constitution to state that it does not "secure or protect a right to abortion or require the funding of abortion."
Kentucky's trigger law already bans most abortions in the wake of Roe being overturned. But while that law could be appealed, "the constitutional amendment would not be," University of Louisville political science professor Dewey Clayton told WHAS-11. "The governor doesn't even have the authority to veto that."
If passed, the amendment would go into effect immediately after the State Board of Elections certifies the results of the Nov. 8 elections.
While abortion remains legal in Montana, Legislative Referendum 131 would extend legal personhood to infants at any stage of development who are "born alive" -- defined as breathing, having a heartbeat or voluntary muscle movement.
Failure to provide medical treatment in such an instance could come with punishments of up to $50,000 and 20 years in prison.
If it passes, LR-131 would go into effect on Jan. 1, 2023.
A state constitutional amendment before voters would enshrine individuals' rights to "personal reproductive autonomy," including decisions about pregnancy, contraceptives and abortion.
Should it pass, Proposal 5 would become effective on Election Day, Nov. 8. If it fails, abortion still would remain legal in Vermont.
Introduced by Reproductive Freedom for All, the Michigan Right to Reproductive Freedom Initiative would establish an "individual right to reproductive freedom" including decisions about contraception, sterilization, infertility, pregnancy, abortion, miscarriage, childbirth and postpartum care.
It would also ban the prosecution of anyone having a legal abortion or assisting in the procedure. It would allow for laws regulating the termination of a pregnancy after the point of viability, except in cases where the patient's physical or mental health was endangered.
The information contained in this article is for educational and informational purposes only and is not intended as health or medical advice. Always consult a physician or other qualified health provider regarding any questions you may have about a medical condition or health objectives.