The legality of abortion in the United States and the restrictions imposed on the procedure vary significantly, among the states or other jurisdictions. There is no uniform federal law. Some states prohibit abortion at any stage of pregnancy with few exceptions; others permit it up to a certain point in pregnancy, while some allow abortion throughout a pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

From 1973 to 2022, Supreme Court rulings in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) established federal protection for a pregnant woman's right to get an abortion, ensuring that states could not ban abortion prior to the point at which a fetus may be deemed viable. However, Roe and Casey were overturned by Dobbs v. Jackson Women's Health Organization (2022), and states may since impose any regulation on abortion, provided it satisfies rational basis review and does not otherwise conflict with federal law. Prior to the Court's decision in Dobbs, many states enacted trigger laws to ban abortion, should Roe be overturned. Additionally, several states either have enacted or are in the process of enacting stricter abortion laws following Dobbs, and some have resumed enforcement of laws in effect prior to 1973. While such laws are no longer considered to violate the United States Constitution, they continue to face legal challenges in state courts.

Legal history

Individual states have broad discretion to prohibit or regulate abortion. As a result, the legal status of abortion varies considerably from state to state. The Supreme Court removed this discretion and asserted the existence of a federal right to abortion in its 1973 Roe v. Wade decision; however, this ruling was overturned 49 years later by the Court's ruling in Dobbs v. Jackson Women's Health Organization (2022).

The key deliberated article of the US Constitution is the Due Process Clause of the Fourteenth Amendment, which states that:

A number of states limit abortions to a maximum number of weeks into pregnancy, usually prior to when the fetus could survive if removed from the womb. For comparative purposes, the youngest child thought to have survived a premature birth in the United States was Curtis Means born on July 5, 2020, in Birmingham, Alabama, at a gestational age of 21 weeks and one day.

Moreover, due to the Hyde Amendment, many state health programs which poor women rely on for their health care do not cover abortions; according to the ACLU, only 17 states – including California, Illinois, and New York – offer, or require, such coverage, as of 2023.

Current legal status of abortion by state, territory, or district

In the aftermath of the Dobbs ruling, state legislation and court rulings determine most aspects of abortion access in the United States. The following sections outline the current status of abortion law in the various states and territories; references to weeks refer to the number of weeks since the pregnant woman's last menstrual period, or LMP, which is typically used as a measure of how long they have been pregnant.

Alabama

Abortion is illegal in Alabama, with exceptions to preserve the woman's life or physical health, or in the case of fatal fetal abnormalities. There are no exceptions for rape or incest.

Performing an abortion is a Class A felony, with up to 99 years in prison, and attempted abortion is a Class C felony, punishable by 1 to 10 years in prison, under a law enacted in May 2019.

Alabama Attorney General Steve Marshall stated that Alabama law would allow the state to prosecute those who helped organize or finance trips by Alabamians to other states, in order to receive abortions, even if abortion were legal in those states. In July 2023, two abortion advocacy groups filed lawsuits seeking to prevent such prosecutions.

Alaska

Abortion is legal in Alaska at all stages of pregnancy.

Alaska does not require a minor to notify a parent or guardian in order to obtain an abortion. In September 2024, an Alaska superior court judge struck down the requirement that only licensed physicians provide abortions, meaning that the procedure can now also be legally performed by nurse practitioners and physician assistants.

American Samoa

Abortion is illegal in American Samoa, and was effectively illegal there before Roe v. Wade was overturned.

Arizona

Abortion in Arizona is legal until the point of fetal viability, a right enshrined in the state constitution by voters in 2024. A licensed physician must perform the procedure. Minors under the age of 18 must receive parental consent.

A total abortion ban was enacted by the Arizona Territory legislature in 1864 that was invalidated by Roe. A 15-week ban trigger law was enacted in Arizona in 2022. After the Dobbs decision was handed down later that year, there was confusion over which of the two laws should go into effect: Then-Governor Doug Ducey backed the 15-week ban, while then-Attorney General Mark Brnovich held that the older total ban should be operative. A December 2022 state appeals court ruling found that the 2022 law should take precedence, but on April 9, 2024, the Republican-controlled Arizona Supreme Court ruled in Planned Parenthood Arizona v. Mayes that the 1864 law could be enforced. However, on May 1, the Arizona Legislature repealed the 1864 law, leaving the 15-week ban in place. Legal maneuvering ensured that the legislature's repeal of the 1864 law would go into effect before the Supreme Court's removal of the injunction against it.

Governor of Arizona Katie Hobbs and state Attorney General Kris Mayes are both supporters of abortion rights, elected in 2022 as part of a nationwide backlash to the Dobbs decision. In July 2023, Hobbs issued an executive order stripping local prosecutors of their ability to file prosecutions over the 15-week ban, or (if it had been revived in court) the 1864 ban, and assigning that power to Mayes, who, in turn, stated that she had no intention of ever filing such prosecutions.

Proposition 139 was approved on the November 2024 ballot, establishing a right to abortion in the Constitution of Arizona up until fetal viability. This made the debate over the blanket bans moot, and opened up legal action over existing laws that had regulated abortion before the bans had gone into effect. For instance, in 2026 a Maricopa County judge ruled that the language of the amendment voided bans on telemedicine prescription of abortion medication, and requirements that patients have multiple consultations with a doctor before undergoing an abortion procedure.

Arkansas

Abortion is illegal in Arkansas, with an exception for abortions necessary to save the life of the pregnant woman; there are no exceptions for rape, incest, or fatal fetal abnormalities.

Doctors determined to have performed an abortion face up to 10 years in prison, and fines up to $100,000.

California

Abortion is legal in California up to the point of fetal viability, or after that if necessary to preserve the life or health (including mental health) of the pregnant woman.https://www.cdph.ca.gov/Programs/OHE/abortion/Pages/getting-an-abortion/types-of-abortion.aspx

Nurse-midwives and other non-physician qualified medical personnel with proper training may perform abortion procedures early in pregnancy. California does not require a minor to notify a parent or guardian in order to obtain an abortion. In November 2022, California voters approved Proposition 1, enshrining women's reproductive rights, including the right to legal abortion and contraception, in the state constitution.

Colorado

Abortion is legal in Colorado at all stages of pregnancy. Minors' parents or legal guardians must receive notice before the procedure.

In 2008, Kristine and Michael Burton of Colorado for Equal Rights proposed Colorado Amendment 48, an initiative to amend the definition of a person to "any human being from the moment of fertilization".Statement of Sufficiency (pdf). Secretary of State. State of Colorado. May 29, 2008.Personhood Initiative '08 . Colorado for Equal Rights. On November 4, 2008, the initiative was turned down by 73.2 percent of the voters.

The Colorado General Assembly enacted the Reproductive Health Equity Act into law in April 2022, which protects abortion rights, and assures "every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraception; a pregnant individual has a fundamental right to continue a pregnancy and give birth, or to have an abortion, and to make decisions about how to exercise that right; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state".

2024 Colorado Amendment 79 appeared on the ballot in November 2024. The amendment was approved by voters, explicitly conferring the right to abortion in the Colorado state constitution.

Connecticut

Abortion is legal in Connecticut up to the point of fetal viability, or after that if necessary to preserve the life or health (including mental health) of the pregnant woman. Connecticut does not require a minor to notify a parent or guardian in order to obtain an abortion.

The 1821 abortion law of Connecticut was the first known law enacted in the United States to restrict abortion. Although this law did not completely outlaw abortions, it imposed heavier restrictions, as it prevented people from attempting or receiving abortions, which was generally through the consumption of poison, during the first four months of a pregnancy.

District of Columbia

Abortion is legal in the District of Columbia at all stages of pregnancy. The District of Columbia does not require a minor to notify a parent or guardian in order to obtain an abortion.

A previous statute making abortion a criminal offense in the District was repealed in 2004. The consequence of this repeal is that abortion is completely unregulated in the District throughout the period of pregnancy.

Delaware

Abortion is legal in Delaware up to the point of fetal viability. Parental notification is required for minors under the age of 16.

55% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. There was a therapeutic exceptions in the state's legislative ban on abortions by 1900. Informed consent laws were on the books by 2007. As of May 14, 2019, the state prohibited abortions after the fetus was viable, generally some point between week 24 and 26. This period uses a standard defined by the United States Supreme Court in 1973 with the Roe v. Wade ruling.

Florida

Abortion is illegal after 6 weeks in Florida, with exceptions for rape, incest, and human trafficking (up to 15 weeks), fetal abnormalities (before the third trimester), and, throughout pregnancy, if the pregnant woman's life is in danger. Parental consent is required for minors under the age of 18.

Until 2022, abortion in Florida was legal up to the 24th week of pregnancy. 56% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. An abortion ban with therapeutic exception was in place by 1900. Such laws were in place after the American Medical Association sought to criminalize abortion in 1857. By 2007, the state had a customary informed consent provision for abortions. By 2013, state Targeted Regulation of Abortion Providers (TRAP) law applied to medication induced abortions. Attempts to ban abortion took place in 2011, 2012, 2013, 2014, 2015, and 2016.