State Laws Restricting or Prohibiting Abortion
Changes from July 29, 2024 to December 10, 2024
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State Laws Restricting or Prohibiting Abortion
Updated July 29, 2024
Congressional Research Service
https://crsreports.congress.gov
R47595
Congressional Research Service
SUMMARY
State Laws Restricting or Prohibiting Abortion
Contents
Summary
This report provides an overview of existing or recently passed state laws prohibiting or limiting abortion prior to 24 weeks’' gestational age. It also identifies “"trigger laws”" that generally prohibit abortion that went into effect, either automatically or following action by a state official, when the Supreme Court overturned Roe v. Wade, as well as new laws passed since June 24, 2022.
State Laws Restricting or Prohibiting Abortion
Congressional Research Service
Contents
Methodology and Limitations ......................................................................................................... 1
Tables
Table 1. Laws Prohibiting Abortion Regardless of Gestational Age ............................................... 2 Table 2. Six Weeks or “Heartbeat” Laws ........................................................................................ 6 Table 3. Eight Weeks ....................................................................................................................... 7 Table 4. Twelve Weeks .................................................................................................................... 8 Table 5. Fifteen Weeks .................................................................................................................... 8 Table 6. Eighteen Weeks.................................................................................................................. 9 Table 7. Twenty or Twenty-Two Weeks .......................................................................................... 9 Table 8. Twenty-Four Weeks ......................................................................................................... 10
Contacts
Author Information ......................................................................................................................... 11
State Laws Restricting or Prohibiting Abortion
Congressional Research Service 1
The Supreme Court’'s decision in Dobbs v. Jackson Women’'s Health Organization overruled Roe v. Wade, providing states with greater discretion to restrict abortion access, including by limiting abortion prior to fetal viability.1 This report provides an overview of existing or
recently passed state laws prohibiting or limiting abortion prior to 24 weeks’' gestational age, which for many years was considered the point of viability, though medical advancements may have moved that point earlier.2 The report identifies “"trigger laws”" that generally prohibit abortion that went into effect, either automatically or following action by a state official, when the Supreme Court overturned Roe v. Wade. It also includes new laws passed since June 24, 2022, when the Supreme Court overturned Roe v. Wade. This report does not address any exceptions to these restrictions, such as in the case of a medical emergency, rape or incest, or restrictions to specific methods of abortion, such as medication abortion. Links to the full text of statutes listed in this report are available through the Law Librarians’' Society of Washington, DC,, Legislative Sourcebook.3
Some states appear multiple times in the tables. In some instances, laws may have been enjoined or been ruled unconstitutional, but have not been repealed and removed from state codes. For example, some historical laws that were ruled unconstitutional under Roe were never repealed.4 In some cases, multiple, overlapping laws may have been intentionally or unintentionally passed by state legislatures.5 Additionally, some recently repealed statutes have been included for informational purposes.
As mentioned above, some of the laws below may not currently be in effect due to court injunctions. Some prosecutors have also indicated they intend to use their discretion whether to enforce the laws at the local level.6
Methodology and Limitations
CRS searched the Lexis+ subscription database for state laws or recent state legislation (passed between September 1, 2021, and July 26December 10, 2024) that prohibit or limit abortion prior to 24 weeks.
While CRS made every attempt to be comprehensive in its search and review, this report may not have captured some relevant statutes. For example, due to variations in database search functionalities, other versions of the state statutes may retrieve different results. Also, this survey
1 Roe v. Wade, 410 U.S. 113 (1973); Dobbs v. Jackson Women’s Health Org., 597 U.S. 215 (2022). See also CRS Legal Sidebar LSB10768, Supreme Court Rules No Constitutional Right to Abortion in Dobbs v. Jackson Women’s Health Organization, by Jon O. Shimabukuro.
2 Pam Belluck, Viability has Shifted Slightly as Medicine has Advanced, N.Y. TIMES (December 1, 2021), https://www.nytimes.com/2021/12/01/us/politics/viability-abortion.html.
3 Law Librarians’ Society of Washington, DC, State Legislatures, State Laws, and State Regulations: Website Links and Telephone Numbers, https://www.llsdc.org/state-legislation (last visited April 24, 2023).
4 See the pre-Roe laws listed in Table 1; Julie Bosman, Century-Old State Laws Could Determine Where Abortion is Legal, N.Y. TIMES (June 25, 2022), https://www.nytimes.com/2022/06/27/us/abortion-laws-wisconsin-arizona-roe- overturned.html.
5 Nicole Einbinder and Caroline Haskins, In Oklahoma, Providers Feel the Brunt of Contradictory Abortion Bans, BUSINESS INSIDER (June 7, 2022), https://www.businessinsider.com/five-different-oklahoma-abortion-bans-leave- providers-scrambling-to-know-whats-legal-2022-6; Selena Simmons-Duffin, 3 Abortion Bans in Texas Leave Doctors ‘Talking in Code’ to Pregnant Patients, NPR (March 1, 2023), https://www.npr.org/sections/health-shots/2023/03/01/ 1158364163/3-abortion-bans-in-texas-leave-doctors-talking-in-code-to-pregnant-patients.
6 Joseph Gedeon, Blue-City Prosecutors in Red State Vow Not to Press Charges Over Abortion, POLITICO (June 26, 2022), https://www.politico.com/news/2022/06/26/blue-city-prosecutors-in-red-states-vow-not-to-press-charges-over- abortions-00042415.
T
State Laws Restricting or Prohibiting Abortion
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may not contain very recent laws passed by the state legislatures or enacted provisions that are not codified yet, or that were not contained in the Lexis+ legislation database.
Table 1. Laws Prohibiting Abortion Regardless of Gestational Age
This table includes historical laws passed prior to Roe v. Wade, post-Roe laws including “trigger”"trigger" laws that
were contingent upon Roe v. Wade being overturned, and post-Dodds laws passed since June 24, 2022
State Type Law Code Notes
Alabama Pre-Roe Law Ala. Code § 13A-13-7.
Post-Roe Law Ala. Code § 26-23H-4. See also Table 7.
State Type Law Code Notes Alabama Pre-Roe Law Ala. Code § 13A-13-7. Post-Roe Law Ala. Code § 26-23H-4. <del>Arizona</del> <del>Pre-</del><del>Roe</del><del> Law</del> <del>Ariz. Rev. Stat. § 13-3603. </del>Arizona Pre-Roe Law Ariz. Rev. Stat. § 13-3603.
See also Table 7.
.
Repeal becomes.
Repeal became effective on September 14, 2024 , according to the Arizona Attorney General. .
See also Table 5 and Table 7.
Arkansas Pre-Roe LawArkansas Pre-Roe Law
Ark. Code Ann. § 5-61- 102.
Post-Roe “Trigger” Law
Post-Roe "Trigger" Law
Ark. Code Ann. § 5-61- 304.
Becomes
Became active following certification by the attorney general that the Supreme Court hashad overruled Roe v. Wade. Contingency at 2019 Ark. Acts No. 180, § 2. (The state attorney general issued this certification on June 24, 2022.)
Post-Roe Law Post-Roe Law
Ark. Code Ann. § 5-61- 404, enacted by 2021 Ark. Acts No. 309, § 1.
§ 1.
See also Table 2, Table 6, and Table 7.
Idaho Post-Roe “Trigger” Law
Idaho
Post-Roe "Trigger" Law
Idaho Code § 18-622, enacted by 2020 Idaho Sess. Laws 827, amended by 2023 Idaho Sess. Laws 906, 907, § 2.
Became.
Becomes active 30 days after the Supreme Court restoresrestored state authority to prohibit abortion.
See also Table 2 and Table 7.
Indiana Post-Dodds LawIndiana Post-Dodds Law
Ind. Code Ann. § 16-34-2- 1, amended by 2022 Ind. Acts 2595.
Effective September 15, 2022.
Kentucky Post-Roe “Trigger” Law
Kentucky Post-Roe "Trigger" Law Louisiana Post-Roe "Trigger" Law
Ky. Rev. Stat. § 311.772.
See also Table 2 and Table 5.
Table 5.
Louisiana Post-Roe “Trigger” Law
La. Rev. Stat. Ann. § 40:1061, amended by 2022 La. Acts No. 545 and 2022 La. Acts No. 548.
See also Table 2, , Table 5,, and Table 7.
State Laws Restricting or Prohibiting Abortion
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State Type Law Code Notes
<del>Michigan</del> <del>Pre-</del><del>Roe</del><del> Law</del> <del>Mich. Comp. Laws Serv. </del><del>§ 7</del><del>50.14.</del>Michigan Pre-Roe Law Mich. Comp. Laws Serv. § 750.14.
11.
On November 8, 2022, Michigan voters approved Proposal 22-3 to amend the state’'s constitution; the amendment establishes a “"right to reproductive freedom”" and allows for abortion until fetal viability. The amendment went into effect 45 days after the date of the election. See Mich. Comp. Laws Serv. Const. Art. I, § 28.
Mississippi Pre-Roe LawMississippi Pre-Roe Law
Miss. Code Ann. § 97-3-3.
Post-Roe “Trigger” Law
Post-Roe "Trigger" Law
Miss. Code Ann. § 41-41- 45.
<del>Missouri</del> <del>Post-</del><del>Roe</del><del> "Trigger" Law</del> <del>Mo. Rev. Stat. § 188.017.</del> On November 5, 2024, Missouri voters approved Amendment 3 to amend the state's constitution; the amendment establishes a "right to reproductive freedom" and allows for abortion until fetal viability. The amendment took effect 30 days after the date of the election, on December 5, 2024.Becomes
Became active 10 days after the attorney general publishespublished a determination that the Supreme Court hashad overruled Roe v. Wade. (The state attorney general issued this certificationcertification on June 27, 2022.)
See also Table 2, , Table 5,, and Table 7.
Table 7.
Missouri Post-Roe “Trigger” Law
North Dakota <del>Post-Roe "Trigger" Law</del> <del>N.D. Cent. Code </del><del>§ 1</del><del>2.1-31-12.</del>Mo. Rev. Stat. § 188.017. Becomes active following notification by the attorney general, proclamation by the governor, or adoption of a concurrent resolution by the Missouri general assembly that the Supreme Court has overruled Roe v. Wade. (A proclamation was issued by the governor, and notification provided by the state attorney general, on June 24, 2022.) See also Table 3, , Table 6,, and Table 7.
Table 7.
North Dakota Post-Roe “Trigger” Law
N.D. Cent. Code § 12.1- 31-12. Repealed by 2023 N.D. Laws ch. 122, § 11.
<del>N.D. Cent. Code </del><del>§ 1</del><del>2.1-§ 11.
N.D. Cent. Code § 12.1- 31-12 becomes </del><del> </del><del>active 30 days after the attorney general certifies that the Supreme Court has overruled Roe v. Wade. (The state attorney general provided this certification on June 28, 2022.)
State Laws Restricting or Prohibiting Abortion
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State Type Law Code Notes
Post-Dobbs Law Post-Dobbs Law N.D. Cent. Code § 12.1- </del><del>Roe v. Wade</del><del>. (The state attorney general provided this </del><del>certification</del><del> on June 28, 2022.)</del>
N.D. Cent. Code § 12.1-19.1-02, enacted by 2023 N.D. Laws ch. 122, § 1.
§ 1.
See also Table 2 and Table 7.
Oklahoma Pre-Roe Law Okla. Stat. tit. 21, § 861. Post-Roe "Trigger" Law
Table 7.
Oklahoma Pre-Roe Law Okla. Stat. tit. 21, § 861.
Post-Roe “Trigger” Law
Okla. Stat. tit. 63, § 1- 731.4. Conditional repeal of Oklahoma abortion laws in S.B. 918, 58th Leg., 1st Reg. Sess., 2021 Okla. Sess. Laws ch. 308, amended by S.B. 1555, 58th Leg., 1st Reg. Sess., 2022 Okla. Sess. Laws ch. 133, and abortion ban in S.B. 612, 58th Leg., 1st Reg. Sess., 2022 Okla. Sess. Laws ch. 11, § 1.
Becomes
Became active after the attorney general certifiescertified that the Supreme Court hashad overruled Roe v. Wade. (The state attorney general issued this certificationcertification on June 24, 2022.)
Post-Roe Law Post-Roe Law
Okla. Stat. tit. 63, § 1- 745.52, enacted by H.B. 4327, 58th Leg., 1st Reg. Sess., 2022 Okla. Sess. Laws. ch. 321, § 2. Editorially renumbered from § 1-745.32 to avoid duplication in numbering.
Law enforced through private civil action, H.B. 4327, 58th Leg., 1st Reg. Sess., 2022 Okla. Sess. Laws. ch. 321, §§ 4-5, codified at Okla. Stat. tit. 63, §§ 1-745.54-.55. Editorially renumbered from § 1-745.34 and .35 to avoid duplication in numbering. South Dakota Post-Roe "Trigger" Law
See also Table 2 and Table 7.
Table 7.
South Dakota Post-Roe “Trigger” Law
S.D. Codified Laws § 22- 17-5.1.
Contingency at 2005 S.D. Sess. Laws ch. 188, § 1.
§ 1. See also Table 7.
Tennessee Post-Roe “Trigger” Law
Tennessee
Post-Roe "Trigger" Law
Tenn. Code Ann. § 39-15- 213, amended by 2023 Tenn. Pub. Acts ch. 313.
Texas Pre-Roe LawBecomes.
Became active 30 days after the Supreme Court has overruled Roe v. Wade. Contingency at 2019 Tenn. Pub. Acts ch. 351, § 3.
§ 3. See also Table 2 and Table 7.
Table 7.
Texas Pre-Roe Law Tex. Rev. Civ. Stat. arts. 4512.1-.4, .6.
Post-Roe “Trigger” Law
Tex. Health & Safety Code § 170A.002.
Becomes
Became active 30 days after the Supreme Court has overruled Roe v. Wade. Contingency at 2021 Tex. Gen. Laws ch. 800, § 3.
§ 3. See also Table 2 and Table 7.
State Laws Restricting or Prohibiting Abortion
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State Type Law Code Notes
Utah Post-Roe “Trigger” Law
Utah
Post-Roe "Trigger" Law
Utah Code Ann. § 76-7a- 201, amended by H.B. 297, 2023 Gen. Sess., 2023 Utah Laws ch. 158, § 15 and H.B. 467, 2023 Gen. Sess., 2023 Utah Laws ch. 301, § 29, the latter law banning abortions in clinics; to provide abortions, clinics must meet the definition of a hospital under Utah Code Ann. § 76-7-301(7) or § 76-7a-101(5).
Trigger law West Virginia Pre-Roe Lawbecomesbecame active after the legislative general counsel certifiescertified that a court of binding authority hashad held that a state may prohibit abortion. Contingency at S.B. 174, 2020 Gen. Sess., 2020 Utah Laws ch. 279, § 3. (The legislative general counsel issued this certificationcertification on June 24, 2022.)
Ban on abortions in clinics effective May 3, 2023.
See also Table 6.
Table 6.
West Virginia Pre-Roe Law W. Va. Code § 61-2-8, amended by H.B. 302, 2022 Leg. 3d Extraordinary Sess., 2022 W. Va. Acts ch. 1.
Effective September 13, 2022. Post-Dodds Law
See also Table 7.
Table 7.
Post-Dodds Law W. Va. Code § 16-2R-3, amended by H.B. 302, 2022 Leg. 3d Extraordinary Sess., 2022 W. Va. Acts ch. 1.
Effective September 13, 2022.
Wisconsin Pre-Roe LawWisconsin Pre-Roe Law
Wis. Stat. Ann. § 940.04.
See also Table 7.
Wyoming Post-Roe “Trigger” Law
Wyoming <del>Post-</del><del>Roe</del><del> "Trigger" Law</del> <del>Wyo. Stat. Ann. </del><del>§ 3</del><del>5-6-102, amended by </del><del>2022 Wyo. Sess. Laws 305</del><del>.</del>Wyo. Stat. Ann. § 35-6- 102, amended by 2022 Wyo. Sess. Laws 305.
Becomes active 5 days after the governor, on advice of the attorney general, certifies that the Supreme Court has overruled Roe v. Wade. (The state governor issued this certification on July 22, 2022.)
Repeal effective March 17, 2023 (see note below).
Post-Dodds Law Post-Dodds Law
Wyo. Stat. Ann. § 35‑6‑123, enacted by 2023 Wyo. Sess. Laws 432.
.
On March 17, 2023, Governor Mark Gordon allowed H.B. 152 (2023 Wyo. Sess. Laws 432)) to go into law without his signature.
Source: Based on a search in the Lexis+ subscription database for state laws containing the term abortion as well as state legislation passed between September 1, 2021, and July 26December 10, 2024.
Note: This table includes repealed laws, which are indicated with a strikethrough.
State Laws Restricting or Prohibiting Abortion
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Table 2. Six Weeks or “Heartbeat” Laws
Laws prohibiting abortion after six weeks’' gestational age or when cardiac activity has been detected,
which is generally six weeks’' gestational age
State Law Code Notes
State Law Code Notes ArkansasArkansas
Ark. Code Ann. § 20-16-1304.
Prohibits abortion where (1) heartbeat has been detected and (2) gestational age is 12 weeks or greater.
See also Table 1, , Table 6,, and Table 7.
FloridaFlorida
Fla. Stat. Ann. § 390.0111, amended by 2023 Fla. Laws ch. 21.
Law to take.
Law took effect 30 days after a decision by the Florida Supreme Court that the state constitution does not include a right to abortion, or following a Florida Supreme Court decision upholding the previously passed 15-week ban. Contingency at 2023 Fla. Laws ch. 21, § 9., § 9. On April 1, 2024, the Florida Supreme Court heldheld that the state constitution does not include a right to abortion, allowing the six- week ban to take effect 30 days later on May 1, 2024.
See also Table 5.
GeorgiaGeorgia
Ga. Code Ann. § 16-12-141(b).
IdahoIdaho
Idaho Code § 18-8804.
Idaho also passed legislation enforced through private civil action: Idaho Code § 18§ 18-8807, enacted by 2021 Idaho Sess. Laws 867; amended by 2022 Idaho Sess. Laws 368; ; 2022 Idaho Sess. Laws 532; ; 2022 Idaho Sess. Laws 535; ; 2023 Idaho Sess. Laws 603603, 608, § 4; and 2023 Idaho Sess. Laws 947947, 947, § 2. .
Effective May 30, 2023.
See also Table 1 and Table 7.
IowaIowa
Iowa Code § 146C.2 and 2023 Iowa Acts ch. 1.
Iowa enacted a heartbeat prohibition, effective July 14, 2023, which overlaps with an already existing prohibition that was under injunction.
See also Table 7.
KentuckyKentucky
Ky. Rev. Stat. § 311.7706.
See also Table 1 and Table 5.
LouisianaLouisiana
La. Rev. Stat. Ann. § 40:1061.1.3, amended by 2022 La. Acts No. 545.
See also Table 1, , Table 5,, and Table 7.
MississippiMississippi
Miss. Code Ann. § 41-41-34.1.
See also Table 1, , Table 5,, and Table 7.
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State Law Code Notes
<del>North Dakota</del> <del>N.D. Cent. Code </del><del>§ 1</del><del>4-02.1-05.2</del>North Dakota N.D. Cent. Code § 14-02.1-05.2
§ 11.
See also Table 1and Table 7.
<del>Ohio</del> <del>Ohio Rev. Code Ann. </del><del>§ 2</del><del>919.195.</del>Ohio Ohio Rev. Code Ann. § 2919.195.
On November 7, 2023, Ohio voters approved Issue 1 to amend the state’'s constitution; the amendment establishes a “"right to reproductive freedom”" and allows for abortion until fetal viability. The amendment went into effect 30 days after the date of the election. See OhioOhio Const. Art. 1, § 22. .
See also Table 7.
OklahomaOklahoma
Okla. Stat. tit. 63, § 1-731.3.
Oklahoma also passed legislation enforced through private civil action: S.B. 1503, 2022 Leg., Reg. Sess., 2022 Okla. Sess. Laws ch. 190, §§ 3-4, 8, codified at Okla. Stat. tit. 63, §§ 1-745.33-.34, .38,
See also Table 1 and Table 7.
South CarolinaSouth Carolina
S.C. Code Ann. § 44-41-630, as amended by 2023 S.C. Acts No. 70.
Effective May 25, 2023. .
See also Table 7.
TennesseeTennessee
Tenn. Code Ann. § 39-15-216(c)(1).
Includes provisions banning abortion at 6, 8, 10, 12, 15, 18, 20, 21, 22, 23, and 24 weeks’' gestational age. Tenn. Code Ann. § 39-15-216(c)(2)-(12).
See also Table 1 and Table 7.
TexasTexas
Tex. Health & Safety Code § 171.204.
See also Table 1 and Table 7.
Source: Based on a search in the Lexis+ subscription database for state laws containing (abortion /s weeks /s (6 OR six)) OR ((abortion /p (heartbeat OR cardiac OR pulse))). The same search was performed in Lexis+ for state legislation passed between September 1, 2021, and July 26December 10, 2024.
Notes: See CRS Legal Sidebar LSB10651, The Texas Heartbeat Act (S.B. 8), Whole Woman’'s Health v. Jackson, and United States v. Texas: Frequently Asked Questions, by Joanna R. Lampe and Jon O. Shimabukuro. This table includes repealed laws, which are indicated with a strikethrough.
Table 3. Eight Weeks
Laws prohibiting abortion after eight weeks State Law Code Notes <del>Missouri </del> <del>Mo. Rev. Stat. § 188.056.</del> On November 5, 2024, Missouri voters approved Amendment 3 to amend the state's constitution; the amendment establishes a "right to reproductive freedom" and allows for abortion until fetal viability. The amendment took effect 30 days after the date of the election, on December 5, 2024.’' gestational age
gestational age
State Law Code Notes
Missouri Mo. Rev. Stat. § 188.056. See also Table 1, , Table 6, and Table 7.
Source: Based on a search in the Lexis+ subscription database for state laws containing (abortion /s weeks /s (8 OR eight)))). The same search was performed in Lexis+ for state legislation passed between September 1, 2021, and July 26December 10, 2024.
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Table 4. T welve Weeks
Notes: This table includes repealed laws, which are indicated with a <del>strikethrough</del>.
Table 4. Twelve WeeksLaws prohibiting abortion after twelve weeks’' gestational age
State Law Code Notes
State Law Code Notes NebraskaNebraska
Neb. Rev. Stat. Ann. § 71-6915, enacted by L.B. 574, 108th Leg., 1st Sess. (Neb. 2023).
Effective May 22, 2023. See also Table 7.
On November 5, 2024, Nebraska voters approved Initiative Measure 434 to amend the state's constitution; the amendment states that "unborn children shall be protected from abortion in the second and third trimesters." This amendment is expected to allow the state's 12-week limit to remain in place. North CarolinaNorth Carolina
N.C. Gen. Stat. § 90-21.81A, enacted by 2023 N.C. Sess. Laws No. 2023-14, and amended by 2023 N.C. Sess. Laws. No. 2023-65, part XIV.
Effective July 1, 2023.
See also Table 7.
Source: Based on a search in the Lexis+ subscription database for state laws containing (abortion /s weeks /s (12 OR twelve)))). The same search was performed in Lexis+ for state legislation passed between September 1, 2021, and July 26December 10, 2024.
Table 5. Fifteen Weeks
Laws prohibiting abortion after fifteen weeks’' gestational age
State Law Code Notes
State Law Code Notes <del>Arizona</del>Arizona
<del>Ariz. Rev. Stat. § 36-2322, amended by </del><del>2022 Ariz. Sess. Laws ch. 105.
See also Table 1 and Table 7.
Florida Fla. Stat. Ann. § 390.0111, amended by 2022 Fla. Laws ch. 69.
On November 5, 2024, Arizona voters approved Proposition 139 to amend the state's constitution; the amendment establishes a "right to abortion" and allows for abortion until fetal viability. The amendment took effect following certification of the election by the state governor on November 25, 2024.
See also Table 1 and Table 7.<del>Florida</del>
<del>Fla. Stat. Ann. § 390.0111, amended by </del><del>2022 Fla. Laws ch. 69</del><del>.</del>
Conditionally repealed by 2023 Fla. Laws ch. 21. .
On April 1, 2024, the Florida Supreme Court heldheld that the state constitution does not include a right to abortion, triggering the repeal of the fifteen-week ban and allowing the six-week ban to take effect 30 days later on May 1, 2024
See also Table 2.
KentuckyKentucky
Ky. Rev. Stat. § 311.782, amended by 2022 Ky. Acts ch. 210.
See also Table 1 and Table 2.
LouisianaLouisiana
La. Rev. Stat. Ann. §§ 14:87.1(16) and 14:87.8, as amended by 2022 La. Acts 545.
See also Table 1, , Table 2,, and Table 7.
MississippiMississippi
Miss. Code Ann. § 41-41-191(4).
See also Table 1, , Table 2,, and Table 7.
Source: Based on a search in the Lexis+ subscription database for state laws containing (abortion /s weeks /s (15 OR fifteen)15 OR fifteen)). The same search was performed in Lexis+ for state legislation passed between September 1, 2021, and July 26December 10, 2024.
Note: This table includes repealed laws, which are indicated with a strikethrough.
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Table 6. Eighteen Weeks
Laws prohibiting abortion after eighteen weeks’' gestational age
State Law Code Notes
State Law Code Notes ArkansasArkansas
Ark. Code Ann. § 20-16-2004(b).
See also Table 1, , Table 2,, and Table 7.
<del>Missouri</del> <del>Mo. Rev. Stat. § 188.058.</del> On November 5, 2024, Missouri voters approved Amendment 3 to amend the state's constitution; the amendment establishes a "right to reproductive freedom" and allows for abortion until fetal viability. The amendment took effect 30 days after the date of the election, on December 5, 2024.Missouri Mo. Rev. Stat. § 188.058.
, Table 3,, and Table 7.
UtahUtah
Utah Code Ann. § 76-7-302(2)(a)
Amended by H.B. 467, 2023 Reg. Sess., 2023 Utah Laws ch. 301, § 17.
See also Table 1.
Source: Based on a search in the Lexis+ subscription database for state laws containing (abortion /s weeks /s ( Note: This table includes repealed laws, which are indicated with a <del>strikethrough</del>.18 OR eighteen)18 OR eighteen)). The same search was performed in Lexis+ for state legislation passed between September 1, 2021, and July 26December 10, 2024.
, 2024.
Table 7. T wenty or T wenty-T wo Weeks
Laws prohibiting abortion after 20 to 22 weeks’' gestational age (see notes below)
State Law Code Notes
State Law Code Notes AlabamaAlabama
Ala. Code § 26-23B-5.
20 weeks’' post-fertilization age.
See also Table 1.
<del>Arizona</del>Arizona
<del>Ariz. Rev. Stat. § 36-2159. </del>
20 weeks’' gestational age. See also Table 1 and Table 5.
On November 5, 2024, Arizona voters approved Proposition 139 to amend the state's constitution; the amendment establishes a "right to abortion" and allows for abortion until fetal viability. The amendment took effect following certification of the election by the state governor on November 25, 2024. Arkansas Ark. Code Ann. § 20-16-1405. 20 weeks' post-fertilization age.Arkansas Ark. Code Ann. § 20-16-1405. 20 weeks’ post-fertilization age.
, Table 2, and Table 6.
IdahoIdaho
Idaho Code § 18-505.
20 weeks’' post-fertilization age.
See also Table 1 and Table 2.
IowaIowa
Iowa Code § 146B.2.
20 weeks’' post-fertilization age.
See also Table 2.
KansasKansas
Kan. Stat. Ann. § 65-6724.
22 weeks’' gestational age.
LouisianaLouisiana
La. Rev. Stat. Ann. § 40:1061.1.2(E), as amended by 2022 La. Acts No. 545.
No. 545.
20 weeks’' post-fertilization age.
See also Table 1, , Table 2,, and Table 5.
MississippiMississippi
Miss. Code Ann. §§ 41-41-137 & 41- 41-141.
20 weeks’' gestational age.
See also Table 1, , Table 2, and Table 5.
<del>Missouri</del> On November 5, 2024, Missouri voters approved Amendment 3 to amend the state's constitution; the amendment establishes a "right to reproductive freedom" and allows for abortion until fetal viability. The amendment took effect 30 days after the date of the election, on December 5, 2024.Missouri
<del>Mo. Rev. Stat. § 188.375. </del>
20 weeks’' gestational age.
, Table 3,, and Table 6.
Montana Mont. Code Ann. § 50-20-603. 20 weeks’ gestational age.
Nebraska Neb. Rev. Stat. Ann. § 28-3,106. 20 weeks’ post-fertilization age. See also Table 4.
<del>Montana</del> <del>Mont. Code Ann. § 50-20-603.</del> On November 5, 2024, Montana voters approved Initiative CI-128 to amend the state's constitution; the amendment establishes a "right to abortion" and allows for abortion until fetal viability. 20 weeks' gestational age. Nebraska Neb. Rev. Stat. Ann. § 28-3,106. 20 weeks' post-fertilization age. <del>North Carolina</del> <del>N.C. Gen. Stat. </del><del>§ 1</del><del>4-45.1</del>North Carolina N.C. Gen. Stat. § 14-45.1
“
"the first 20 weeks of a woman’'s pregnancy.” "
See also Table 4.
State Laws Restricting or Prohibiting Abortion
Congressional Research Service 10
State Law Code Notes
<del>North Dakota</del> <del>N.D. Cent. Code </del><del>§ 1</del><del>4-02.1-05.3</del>North Dakota N.D. Cent. Code § 14-02.1-05.3
§ 11.
20 weeks’' post-fertilization age.
See also Table 1 and Table 2.
<del>Ohio</del>Ohio
<del>Ohio Rev. Code Ann. § 2919.201. </del>
20 weeks’' post-fertilization age.
According to legal analysis by the Ohio Attorney General, ", “this law would be invalidated”" by the amendment of the Ohio constitution approved by voters on November 7, 2023.
See also Table 2.
OklahomaOklahoma
Okla. Stat. tit. 63, § 1-745.5.
20 weeks’' post-fertilization age.
See also Table 1 and Table 2.
South CarolinaSouth Carolina
S.C. Code Ann. § 44-41-450.
20 weeks’' post-fertilization age.
See also Table 2.
South DakotaSouth Dakota
S.D. Codified Laws §§ 34-23A-69 & 34-23A-70.
20 weeks’' post-fertilization age.
See also Table 1.
TennesseeTennessee
Tenn. Code Ann. § 39-15-212.
20 weeks’' gestational age.
See also Table 1 and Table 2.
TexasTexas
Tex. Health & Safety Code § 171.044.
20 weeks’' post-fertilization age.
See also Table 1 and Table 2.
West VirginiaWest Virginia
W. Va. Code §§ 16-2M-2(7) & 16- 2M-4.
22 weeks’' gestational age, which is “"generally consistent with the time that is twenty weeks after fertilization.” "
See also Table 1.
WisconsinWisconsin
Wis. Stat. Ann. § 253.107.
20 weeks’' post-fertilization age.
See also Table 1.
Source: Based on a search in the Lexis+ subscription database for state laws containing (abortion /s weeks /s (20 OR twenty OR 22))) OR (abortion /p pain)). The same search was performed in Lexis+ for state legislation passed between September 1, 2021, and July 26December 10, 2024.
Notes: Some of these laws use “"post-fertilization age”" and some use “"gestational age”" (measured from the first day of last menstrual period), which are approximately two weeks apart. Twenty weeks’' post-fertilization age is the equivalent of 22 weeks’' gestation age. See CRS Report R45161, Abortion At or Over 20 Weeks’' Gestation: Frequently Asked Questions, coordinated by Matthew B. Barry. This table includes repealed laws, which are indicated with a strikethrough.
Table 8. T wenty-Four Weeks
Laws prohibiting abortion after 24 weeks’' gestational age.
State Law Code Notes
State Law Code Notes MassachusettsMassachusetts
Mass. Ann. Laws ch. 112, § 12M.
Does not specify gestational or post-fertilization age.
NevadaNevada
Nev. Rev. Stat. Ann. § 442.250.
Does not specify gestational or post-fertilization age.
New HampshireNew Hampshire
N.H. Rev. Stat. Ann. § 329:44.
24 weeks’' gestational age.
State Laws Restricting or Prohibiting Abortion
Congressional Research Service R47595 · VERSION 10 · UPDATED 11
New YorkNew York
N.Y. Pub. Health Law § 2599-bb
Does not specify gestational or post-fertilization age.
PennsylvaniaPennsylvania
18 Pa. Cons. Stat. Ann. § 3211.
24 weeks’' gestational age.
Source:
Source: Based on a search in the Lexis+ subscription database for state laws containing (abortion /s weeks /s (24 OR “twenty-four” OR “24 OR "twenty-four" OR "twenty four”)")). The same search was performed in Lexis+ for state legislation passed between September 1, 2021, and July 26December 10, 2024.
Author Information
Laura Deal Law Librarian
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.
Footnotes
Roe v. Wade, 410 U.S. 113 (1973); Dobbs v. Jackson Women's Health Org., 597 U.S. 215 (2022). See also CRS Legal Sidebar LSB10768, Supreme Court Rules No Constitutional Right to Abortion in Dobbs v. Jackson Women's Health Organization, by Jon O. Shimabukuro.
Pam Belluck, Viability has Shifted Slightly as Medicine has Advanced, N.Y. Times (December 1, 2021), https://www.nytimes.com/2021/12/01/us/politics/viability-abortion.html.
Law Librarians' Society of Washington, DC, State Legislatures, State Laws, and State Regulations: Website Links and Telephone Numbers, https://www.llsdc.org/state-legislation (last visited April 24, 2023).
Nicole Einbinder and Caroline Haskins, In Oklahoma, Providers Feel the Brunt of Contradictory Abortion Bans, Business Insider (June 7, 2022), https://www.businessinsider.com/five-different-oklahoma-abortion-bans-leave-providers-scrambling-to-know-whats-legal-2022-6; Selena Simmons-Duffin, 3 Abortion Bans in Texas Leave Doctors 'Talking in Code' to Pregnant Patients, NPR (March 1, 2023), https://www.npr.org/sections/health-shots/2023/03/01/1158364163/3-abortion-bans-in-texas-leave-doctors-talking-in-code-to-pregnant-patients.
Joseph Gedeon, Blue-City Prosecutors in Red State Vow Not to Press Charges Over Abortion, Politico (June 26, 2022), https://www.politico.com/news/2022/06/26/blue-city-prosecutors-in-red-states-vow-not-to-press-charges-over-abortions-00042415.