State Laws Restricting or Prohibiting Abortion
Updated October 24, 2023
Congressional Research Service
https://crsreports.congress.gov
R47595

SUMMARY

State Laws Restricting or Prohibiting Abortion
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.
Congressional Research Service

State Laws Restricting or Prohibiting Abortion

he 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
T 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or been ruled unconstitutional, but have not been repealed and removed from state codes.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example, some historical laws that were ruled unconstitutional under Roe were never repealed.4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by state legislatures.5 Additionally, some recently repealed statutes have been included for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 October 16, 2023) 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., 142 S. Ct. 2228 (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 (Dec. 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 (Mar 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.
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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” 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.
Arizona
Pre-Roe Law
Ariz. Rev. Stat. §13-3603.
See also Table 5 and
Table 7.
Arkansas
Pre-Roe Law
Ark. Code Ann. §5-61-

102.

Post-Roe “Trigger” Ark. Code Ann. §5-61-
Becomes active fol owing
Law
304.
certification by the
attorney general that the
Supreme Court has
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
Ark. Code Ann. §5-61-
See also Table 2, Table
404, enacted by 2021 Ark. 6, and Table 7.
Acts No. 309, §1.
Idaho
Post-Roe “Trigger” Idaho Code §18-622,
Becomes active 30 days
Law
enacted by 2020 Idaho
after the Supreme Court
Sess. Laws 827, amended
restores state authority
by 2023 Idaho Sess. Laws
to prohibit abortion.
906, 907, §2.

See also Table 2 and
Table 7.
Indiana
Post-Dodds Law
Ind. Code Ann. §16-34-2-
Effective September 15,
1, amended by 2022 Ind.
2022.
Acts 2595.
Kentucky
Post-Roe “Trigger” Ky. Rev. Stat. §311.772.
See also Table 2 and
Law
Table 5.
Louisiana
Post-Roe “Trigger” La. Rev. Stat. Ann.
See also Table 2, Table
Law
§40:1061, amended by
5, and Table 7.
2022 La. Acts No. 545
and 2022 La. Acts No.
548.
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State
Type
Law Code
Notes
Michigan
Pre-Roe Law
Mich. Comp. Laws Serv.
On November 8, 2022,
§750.14.
Michigan voters approved
Repealed by 2023 Mich.
Proposal 22-3 to amend
Pub. Acts No. 11.
the state’s constitution;
the amendment
establishes a right to
reproductive freedom and
allows for abortion until
fetal viability. The
amendment is scheduled
to go into effect 45 days
after the date of the
election. See Mich. Comp.
Laws Serv. Const. Art. I,
§28.
Mississippi
Pre-Roe Law
Miss. Code Ann. §97-3-3.

Post-Roe “Trigger” Miss. Code §41-41-45.
Becomes active 10 days
Law
after the attorney general
publishes a determination
that the Supreme Court
has overruled Roe v.
Wade. (The state attorney
general issued this
certification on June 27,
2022.)
See also Table 2, Table
5, and Table 7.
Missouri
Post-Roe “Trigger” Mo. Rev. Stat. §188.017.
Becomes active fol owing
Law
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.
North Dakota
Post-Roe
N.D. Cent. Code §12.1-
N.D. Cent. Code §12.1-
“Trigger” Law
31-12.
31-12 becomes active 30
Repealed by 2023 N.D.
days after the attorney
Laws ch. 122, §11.
general certifies that the
Supreme Court has
overruled Roe v. Wade.
(The state attorney
general provided this
certification on June 28,
2022.)

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State
Type
Law Code
Notes

Post-Dobbs Law
Enacted by 2023 N.D.
See also Table 2 and
Laws ch. 122, §1.
Table 7.

Oklahoma
Pre-Roe Law
Okla. Stat. tit. 21, §861.

Post-Roe “Trigger” Okla. Stat. tit. 63, §1-
Becomes active after the
Law
731.4. Conditional repeal
attorney general certifies
of Oklahoma abortion
that the Supreme Court
laws in S.B. 918, 58th Leg.,
has overruled Roe v.
1st Reg. Sess., 2021 Okla.
Wade. (The state attorney
Sess. Laws ch. 308,
general issued this
amended by S.B. 1555,
certification on June 24,
58th Leg., 1st Reg. Sess.,
2022.)
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.

Post-Roe Law
Okla. Stat. tit. 63, §1-
Law enforced through
745.52, enacted by H.B.
private civil action, H.B.
4327, 58th Leg., 1st Reg.
4327, 58th Leg., 1st Reg.
Sess., 2022 Okla. Sess.
Sess., 2022 Okla. Sess.
Laws. ch. 321, §2.
Laws. ch. 321, §§4-5,
Editorially renumbered
codified at Okla. Stat. tit.
from §1-745.32 to avoid
63, §§1-745.54-.55.
duplication in numbering.
Editorially renumbered
from §1-745.34 and .35 to
avoid duplication in
numbering.
See also Table 2 and
Table 7.
South Dakota
Post-Roe “Trigger” S.D. Codified Laws §22-
Contingency at 2005 S.D.
Law
17-5.1.
Sess. Laws ch. 188, §1.
See also Table 7.
Tennessee
Post-Roe “Trigger” Tenn. Code Ann. §39-15-
Becomes active 30 days
Law
213, amended by 2023
after the Supreme Court
Tenn. Pub. Acts ch. 313.
has overruled Roe v.
Wade. Contingency at
2019 Tenn. Pub. Acts ch.
351, §3.
See also Table 2 and
Table 7.
Texas
Pre-Roe Law
Tex. Rev. Civ. Stat. arts.

4512.1-.4, .6.

Post-Roe “Trigger” Tex. Health & Safety
Becomes active 30 days
Law
Code §170A.002.
after the Supreme Court
has overruled Roe v.
Wade. Contingency at
2021 Tex. Gen. Laws ch.
800, §3.
See also Table 2 and
Table 7.
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State
Type
Law Code
Notes
Utah
Post-Roe “Trigger” Utah Code Ann. §76-7a-
Trigger law becomes
Law
201, amended by H.B.
active after the legislative
297, 2023 Gen. Sess.,
general counsel certifies
2023 Utah Laws ch. 158,
that a court of binding
§15 and H.B. 467, 2023
authority has held that a
Gen. Sess., 2023 Utah
state may prohibit
Laws ch. 301, §29, the
abortion. Contingency at
latter law banning
S.B. 174, 2020 Gen. Sess.,
abortions in clinics; to
2020 Utah Laws ch. 279,
provide abortions, clinics
§3. (The legislative general
must meet the definition
counsel issued this
of a hospital under Utah
certification on June 24,
Code §76-7-301(7) or
2022.)
§76-7a-101(5).
Ban on abortions in clinics
effective May 3, 2023.
See also Table 6.
West Virginia
Pre-Roe Law
W. Va. Code §61-2-8,
Effective September 13,
amended by H.B. 302,
2022.
2022 Leg. 3d
See also Table 7.
Extraordinary Sess., 2022
W. Va. Acts ch. 1.

Post-Dodds Law
W. Va. Code §16-2R-3,
Effective September 13,
amended by H.B. 302,
2022.
2022 Leg. 3d
Extraordinary Sess., 2022
W. Va. Acts ch. 1.
Wisconsin
Pre-Roe Law
Wis. Stat. Ann. §940.04.
See also Table 7.
Wyoming
Post-Roe “Trigger” Wyo. Stat. Ann. §35-6-
Becomes active 5 days
Law
102, amended by 2022
after the governor, on
Wyo. Sess. Laws 305.
advice of the attorney
Repealed by 2023 Wyo.
general, certifies that the
Sess. Laws 432, 438, §5.
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
Wyo. Stat. Ann.
On March 17, 2023,
§35‑6‑123, enacted by
Governor Mark Gordon
2023 Wyo. Sess. Laws
allowed H.B. 152 (2023
432.
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 October 16, 2023.
Note: This table includes repealed laws, which are indicated with a strikethrough.
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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
Arkansas
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.
Florida
Fla. Stat. Ann. §390.0111, amended
Law to take effect 30 days after a
by 2023 Fla. Laws ch. 21.
decision by the Florida Supreme
Court that the state constitution
does not include a right to
abortion, or fol owing a Florida
Supreme Court decision upholding
the previously passed 15-week ban.
Contingency at 2023 Fla. Laws ch.
21, §9.
See also Table 5.
Georgia
Ga. Code Ann. §16-12-141(b).

Idaho
Idaho Code §18-8804.
Idaho also passed legislation
enforced through private civil
action: Idaho Code §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 603, 608, §4;
and 2023 Idaho Sess. Laws 947,
947, §2.
Effective May 30, 2023.
See also Table 1 and Table 7.
Iowa
Iowa Code §146C.2 and 2023 Iowa
Iowa enacted a heartbeat
Acts ch. 1.
prohibition, effective July 14, 2023,
which overlaps with an already
existing prohibition that was under
injunction.
See also Table 7.
Kentucky
Ky. Rev. Stat. §311.7706.
See also Table 1 and Table 5.
Louisiana
La. Rev. Stat. Ann. §40:1061.1.3,
See also Table 1, Table 5, and
amended by 2022 La. Acts No. 545.
Table 7.
Mississippi
Miss. Code Ann. §41-41-34.1.
See also Table 1, Table 5, and
Table 7.
North Dakota
N.D. Cent. Code §14-02.1-05.2
See also Table 1 and Table 7.
Repealed by 2023 N.D. Laws ch.
122, §11.
Ohio
Ohio Rev. Code Ann. §2919.195.
See also Table 7.
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State
Law Code
Notes
Oklahoma
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 Carolina
S.C. Code Ann. §44-41-630, as
Effective May 25, 2023.
amended by 2023 S.C. Acts No. 70.
See also Table 7.
Tennessee
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.
Texas
Tex. Health & Safety Code
See also Table 1 and Table 7.
§171.204.
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 October 16, 2023.
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’ 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 October 16, 2023.
Table 4.Twelve Weeks
Laws prohibiting abortion after twelve weeks’ gestational age
State
Law Code
Notes
Nebraska
L.B. 574, 108th Leg., 1st Sess. (Neb.
Effective May 22, 2023.
2023).
See also Table 7.
North Carolina
2023 N.C. Sess. Laws No. 2023-14,
Effective July 1, 2023.
amended by 2023 N.C. Sess. Laws.
See also Table 7.
No. 2023-65, part XIV.
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 October 16, 2023.
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Table 5. Fifteen Weeks
Laws prohibiting abortion after fifteen weeks’ gestational age
State
Law Code
Notes
Arizona
Ariz. Rev. Stat. §36-2322, amended
See also Table 1 and Table 7.
by 2022 Ariz. Sess. Laws ch. 105.
Florida
Fla. Stat. Ann. §390.0111, amended
Conditionally repealed by 2023 Fla.
by 2022 Fla. Laws ch. 69.
Laws ch. 21.
See also Table 2.
Kentucky
Ky. Rev. Stat. §311.782, amended by See also Table 1 and Table 2.
2022 Ky. Acts ch. 210.
Louisiana
La. Rev. Stat. Ann. §§14:87.1(16)
See also Table 1, Table 2, and
and 14:87.8, as amended by 2022
Table 7.
La. Acts 545.
Mississippi
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)). The same search was performed in Lexis+ for state legislation passed between September 1, 2021,
and October 16, 2023.
Table 6. Eighteen Weeks
Laws prohibiting abortion after eighteen weeks’ gestational age
State
Law Code
Notes
Arkansas
Ark. Code Ann. §20-16-2004(b).
See also Table 1, Table 2, and
Table 7.
Missouri
Mo. Rev. Stat. §188.058.
See also Table 1, Table 3, and
Table 7.
Utah
Utah Code Ann. §76-7-302.5
Repeal effective May 3, 2023.
Repealed by H.B. 467, 2023 Reg.
See also Table 1.
Sess., 2023 Utah Laws ch. 301, §30.
Source: Based on a search in the Lexis+ subscription database for state laws containing (abortion /s weeks /s (18
OR eighteen)). The same search was performed in Lexis+ for state legislation passed between September 1, 2021,
and October 16, 2023.
Note: This table includes repealed laws, which are indicated with a strikethrough.
Table 7. Twenty or Twenty-Two Weeks
Laws prohibiting abortion after 20 to 22 weeks’ gestational age (see notes below)
State
Law Code
Notes
Alabama
Ala. Code §26-23B-5.
20 weeks’ post-fertilization age.
See also Table 1.
Arizona
Ariz. Rev. Stat. §36-2159.
20 weeks’ gestational age.
See also Table 1 and Table 5.
Arkansas
Ark. Code Ann. §20-16-1405.
20 weeks’ post-fertilization age.
See also Table 1, Table 2, and
Table 6.
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State
Law Code
Notes
Idaho
Idaho Code §18-505.
20 weeks’ post-fertilization age.
See also Table 1 and Table 2.
Iowa
Iowa Code §146B.2.
20 weeks’ post-fertilization age.
See also Table 2.
Kansas
Kan. Stat. Ann. §65-6724.
22 weeks’ gestational age.
Louisiana
La. Rev. Stat. Ann. §40:1061.1.2(E),
20 weeks’ post-fertilization age.
as amended by 2022 La. Acts No.
See also Table 1, Table 2, and
545.
Table 5.
Mississippi
Miss. Code Ann. §§41-41-137 & 41-
20 weeks’ gestational age.
41-141.
See also Table 1, Table 2, and
Table 5.
Missouri
Mo. Rev. Stat. §188.375.
20 weeks’ gestational age.
See also Table 1, 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.
North Carolina
N.C. Gen. Stat. §14-45.1
“the first 20 weeks of a woman’s
Repealed by 2023 N.C. Sess. Laws
pregnancy.”
No. 2023-14, effective July 1, 2023.
See also Table 4.
North Dakota
N.D. Cent. Code §14-02.1-05.3
20 weeks’ post-fertilization age.
Repealed by 2023 N.D. Laws ch.
See also Table 1 and Table 2.
122, §11.
Ohio
Ohio Rev. Code Ann. §2919.201.
20 weeks’ post-fertilization age.
See also Table 2.
Oklahoma
Okla. Stat. tit. 63, §1-745.5.
20 weeks’ post-fertilization age.
See also Table 1 and Table 2.
South Carolina
S.C. Code Ann. §44-41-450.
20 weeks’ post-fertilization age.
See also Table 2.
South Dakota
S.D. Codified Laws §§34-23A-69 &
20 weeks’ post-fertilization age.
34-23A-70.
See also Table 1.
Tennessee
Tenn. Code Ann. §39-15-212.
20 weeks’ gestational age.
See also Table 1 and Table 2.
Texas
Tex. Health & Safety Code
20 weeks’ post-fertilization age.
§171.044.
See also Table 1 and Table 2.
West Virginia
W. Va. Code §§16-2M-2(7) & 16-
22 weeks’ gestational age, which is
2M-4.
“generally consistent with the time
that is twenty weeks after
fertilization.”
See also Table 1.
Wisconsin
Wis. Stat. Ann. §253.107.
20 weeks’ post-fertilization age.
See also Table 1.
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State Laws Restricting or Prohibiting Abortion

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 October 16, 2023.
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. Twenty-Four Weeks
Laws prohibiting abortion after 24 weeks’ gestational age.
State
Law Code
Notes
Massachusetts
Mass. Ann. Laws ch. 112, §12M.
Does not specify gestational or
post-fertilization age.
Nevada
Nev. Rev. Stat. Ann. §442.250.
Does not specify gestational or
post-fertilization age.
New Hampshire
N.H. Rev. Stat. Ann. §329:44.
24 weeks’ gestational age.
Pennsylvania
18 Pa. Cons. Stat. Ann. §3211.
24 weeks’ gestational age.
Source: Based on a search in the Lexis+ subscription database for state laws containing (abortion /s weeks /s (24
OR “twenty-four” OR “twenty four”)). The same search was performed in Lexis+ for state legislation passed
between September 1, 2021, and October 16, 2023.

Author Information

Laura Deal

Law Librarian

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Congressional Research Service
R47595 · VERSION 4 · UPDATED
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