State Laws Restricting or Prohibiting Abortion

State Laws Restricting or Prohibiting Abortion

Legal Sidebari

State Laws Restricting or Prohibiting Abortion
Updated March 22, 2023
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. This Sidebar 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. The Sidebar also identifies
“trigger laws” that generally prohibit abortion that were set to go into effect, either automatically or
following action by a state official, if the Supreme Court ever overturned Roe v. Wade. This Sidebar does
not address any exceptions to these restrictions, such as in the case of a medical emergency, or restrictions
to specific methods of abortion, such as medication abortion. Links to the full text of statutes listed in this
Legal Sidebar are available through the Law Librarians’ Society of Washington, DC Legislative
Sourcebook.
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.
Methodology and Limitations
CRS searched the Lexis+ subscription database for state laws or recent state legislation (passed between
September 1, 2021, and March 20, 2023) that prohibit or limit abortion prior to 24 weeks.
While CRS made every attempt to be comprehensive in its search and review, this Sidebar 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 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.

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LSB10779
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Table 1. Post-Dobbs State Laws Banning or Limiting Abortion
Laws passed since June 24, 2022 when the United States Supreme Court overturned Roe v. Wade
State
Type
Law Code
Notes
Indiana
Total abortion ban
S.B. 1, 122d Ind. Gen.
Effective September 15,
Assemb., 2022 Spec. Sess.
2022.
(Ind. 2022), amending Ind.
Code Ann. § 16-34-2-1.
Utah
Ban on abortions in clinics;
H.B. 467, 2023 Gen. Sess.
Ban effective January 1,
to provide abortions, clinics
(Utah 2023),
2024.
must meet the definition of
a hospital under Utah Code
§ 76-7-301(7) or § 76-7a-
101(5).
West Virginia
Total abortion ban
H.B. 302, 2022 Leg., 3d
Effective September 13,
Extraordinary Sess. (W. Va.
2022.
2022), amending W. Va.
Code § 16-2R-3.
Wyoming
Chemical abortion ban
S.B. 109, 67th Leg., Gen.
Effective July 1, 2023.
Sess. (Wyo. 2023), creating
Wyo. Stat. § 35-6-120.
Wyoming
Total abortion ban
H.B. 152, 67th Leg., Gen.
On March 17, 2023,
Sess. (Wyo. 2023), creating
Governor Mark Gordon
Wyo. Stat. Ann. § 35‑6‑123.
allowed H.B. 152 to go into
law without his signature.
Source: Based on a search in the Lexis+ subscription database for state legislation containing the term abortion passed
between June 24, 2022, and March 20, 2023.
Table 2.Post-Roe “Trigger” Laws Banning Abortion
Laws triggered when the United States Supreme Court overturned Roe v. Wade
State
Law Code
Notes
Arkansas
Ark. Code Ann. § 5-61-304
Becomes active fol owing certification
by the attorney general that the
Supreme Court has overruled Roe v.
Wade. Contingency at Acts of 2019,
Act 180, § 2. (The state attorney
general issued this certification on June
24, 2022).
Idaho
Idaho Code § 18-622
Becomes active 30 days after the
Supreme Court restores state
authority to prohibit abortion.
Kentucky
Ky. Rev. Stat. § 311.772

Louisiana
La. Rev. Stat. Ann. § 40:1061, amended

by S.B. 342, 2022 Leg., Reg. Sess. (La.
2022) and S.B. 388, 2022 Leg., Reg.
Sess. (La. 2022)

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State
Law Code
Notes
Mississippi
Miss. Code § 41-41-45
Becomes active 10 days 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.)
Missouri
Mo. Rev. Stat. § 188.017
Becomes active fol owing 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).
North Dakota
N.D. Cent. Code § 12.1-31-12
Becomes 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.)
Oklahoma
Okla. Stat. tit. 63, § 1-731.4.
Becomes active after the attorney
Conditional repeal of Oklahoma
general certifies that the Supreme
abortion laws in S.B. 918, 2021 Leg.,
Court has overruled Roe v. Wade. (The
Reg. Sess. (Okla. 2021), amended by
state attorney general issued this
S.B. 1555, 2022 Leg., Reg. Sess. (Okla.
certification on June 24, 2022.)
2022), and abortion ban in S.B. 612,
Oklahoma also passed abortion-
2022 Leg., Reg. Sess. (Okla. 2022)
banning legislation that is enforced
through private civil action: H.B. 4327,
2022 Leg., Reg. Sess. (Okla. 2022).
South Dakota
S.D. Codified Laws § 22-17-5.1
Contingency at 2005 S.D. Laws ch.
188, § 1.
Tennessee
Tenn. Code Ann. § 39-15-213
Becomes active 30 days after the
Supreme Court has overruled Roe v.
Wade. Contingency at 2019 Pub. Acts,
C. 351, § 3.
Texas
Tex. Health & Safety Code § 170A.002
Becomes active 30 days after the
Supreme Court has overruled Roe v.
Wade. Contingency at Acts 2021, 87th
Leg., ch. 800, § 3.
Utah
Utah Code Ann. § 76-7a-201
Becomes active after the legislative
general counsel certifies that a court of
binding authority has held that a state
may prohibit abortion. Contingency at
2020 Ut. S.B. 174, § 4. (The legislative
general counsel issued this certification
on June 24, 2022.)

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State
Law Code
Notes
Wyoming
H.B. 92, 66th Leg., 2022 Budget Sess.
Becomes active 5 days after the
(Wyo. 2022) amending Wyo. Stat. §
governor, on advice of the attorney
35-6-102
general, certifies that the Supreme
Court has overruled Roe v. Wade. (The
state governor issued this certification
on July 22, 2022.)
Source: Based on a search in the Lexis+ subscription database for state laws containing (“supreme court” /p abortion) OR
“roe v. wade” OR (abortion /s contingent!). The same search was performed in Lexis+ for state legislation passed between
September 1, 2021, and June 24, 2022.

Table 3.Pre-Roe Abortion Laws Banning Abortion
Laws passed prior to Roe v. Wade and still in effect
State
Law Code
Notes
Alabama
Ala. Code § 13A-13-7
Alabama also passed new legislation in
2019 banning abortion: 2019 Ala. Laws,
Act 189, § 4, codified at Ala. Code §
26-23H-4.
Arizona
Ariz. Rev. Stat. § 13-3603

Arkansas
Ark. Code Ann. § 5-61-102
Arkansas also passed new legislation in
2021 banning abortion: 2021 Ark. Acts,
Act 309, § 1, codified at Ark. Code
Ann. § 5-61-404.
Michigan
Mich. Comp. Laws Serv. § 750.14
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 is scheduled to go into
effect 45 days after the date of the
election.
Mississippi
Miss. Code Ann. § 97-3-3

Oklahoma
Okla. Stat. tit. 21, § 861

Texas
Tex. Rev. Civ. Stat. arts. 4512.1-.4, .6

West Virginia
W. Va. Code § 61-2-8

Wisconsin
Wis. Stat. Ann. § 940.04

Source: Based on a search in the Lexis+ subscription database for state laws containing (abort! OR pregnan! OR unborn) /p
(unlawful OR convic* OR punish* OR imprison* OR guilty OR felony).

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Table 4.“Heartbeat” Laws
Laws prohibiting abortion when cardiac activity has been detected, 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.
Georgia
Ga. Code Ann. § 16-12-141(b),

amended by H.B. 481, 155th Gen.
Assemb., Reg. Sess. (Ga. 2019)
Idaho
Idaho Code § 18-8804
Idaho also passed legislation enforced
through private civil action: S.B. 1309,
66th Leg., 2d Reg. Sess. (Idaho 2022).
Iowa
Iowa Code § 146C.2

Kentucky
Ky. Rev. Stat. § 311.7706

Louisiana
La. Rev. Stat. Ann. § 40:1061.1.3,

amended by S.B. 342, 2022 Leg., Reg.
Sess. (La. 2022)
Mississippi
Miss. Code Ann. § 41-41-34.1

North Dakota
N.D. Cent. Code § 14-02.1-05.2

Ohio
Ohio Rev. Code Ann. § 2919.195

Oklahoma
Okla. Stat. tit. 63, § 1-731.3
Oklahoma also passed legislation
enforced through private civil action:
S.B. 1503, 2022 Leg., Reg. Sess. (Okla.
2022).
South Carolina
S.C. Code Ann. § 44-41-680

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).
Texas
Tex. Health & Safety Code § 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 March 20, 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.

Table 5.Eight Weeks
Laws prohibiting abortion after eight weeks’ gestational age
State
Law Code
Notes
Missouri
Mo. Rev. Stat. § 188.056

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 March 20, 2023.

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Table 6.Fifteen Weeks
Laws prohibiting abortion after fifteen weeks’ gestational age
State
Law Code
Notes
Arizona
S.B. 1164, 55th Leg., 2d Reg. Sess. (Ariz.

2022) amending Ariz. Rev. Stat. § 36-
2322
Florida
H.B. 5, 2022 Leg., Reg. Sess. (Fla. 2022)

amending Fla. Stat. Ann. § 390.0111
Kentucky
H.B. 3, 2022 Gen. Assemb., Reg. Sess.

(Ky. 2022) amending Ky. Rev. Stat. §
311.782
Louisiana
La. Rev. Stat. Ann. § 14:87(D)(2) and

S.B. 342, 2022 Leg., Reg. Sess. (La.
2022)
Mississippi
Miss. Code Ann. § 41-41-191(4)

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 March 20,
2023.
Table 7.Eighteen Weeks
Laws prohibiting abortion after eighteen weeks’ gestational age
State
Law Code
Notes
Arkansas
Ark. Code Ann. § 20-16-2004(b)

Utah
Utah Code Ann. § 76-7-302.5

Missouri
Mo. Rev. Stat. § 188.058

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 March 20,
2023.

Table 8.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
Arizona
Ariz. Rev. Stat. § 36-2159
20 weeks’ gestational age
Arkansas
Ark. Code Ann. § 20-16-1405
20 weeks’ post-fertilization age
Idaho
Idaho Code § 18-505
20 weeks’ post-fertilization age

Iowa
Iowa Code § 146B.2
20 weeks’ post-fertilization age
Kansas
Kan. Stat. Ann. § 65-6724
22 weeks’ gestational age
Louisiana
La. Rev. Stat. Ann. § 40:1061.1,
20 weeks’ post-fertilization age
amended by S.B. 342, 2022 Leg., Reg.
Sess. (La. 2022)

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State
Law Code
Notes
Mississippi
Miss. Code Ann. §§ 41-41-137 & 41-41-
20 weeks’ gestational age
141
Missouri
Mo. Rev. Stat. § 188.375
20 weeks’ gestational age
Montana
Mont. Code Ann. § 50-20-603
20 weeks’ gestational age
Nebraska
Neb. Rev. Stat. Ann § 28-3,106
20 weeks’ post-fertilization age
North Carolina
N.C. Gen. Stat. § 14-45.1
“the first 20 weeks of a woman’s
pregnancy”
North Dakota
N.D. Cent. Code § 14-02.1-05.3
20 weeks’ post-fertilization age
Ohio
Ohio Rev. Code Ann. § 2919.201
20 weeks’ post-fertilization age
Oklahoma
Okla. Stat. tit. 63, § 1-745.5
20 weeks’ post-fertilization age
South Carolina
S.C. Code Ann. § 44-41-450
20 weeks’ post-fertilization age
South Dakota
S.D. Codified Laws §§ 34-23A-69 & 34-
20 weeks’ post-fertilization age
23A-70
Tennessee
Tenn. Code Ann. § 39-15-212
20 weeks’ gestational age
Texas
Tex. Health & Safety Code § 171.044
20 weeks’ post-fertilization age
West 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”
Wisconsin
Wis. Stat. Ann. § 253.107
20 weeks’ post-fertilization age
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 March 20, 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 2 weeks apart. 20 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.

Table 9.Twenty-Four Weeks
Laws prohibiting abortion after 24 weeks
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 March 20, 2023.

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Author Information

Laura Deal

Law Librarian

Disclaimer
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LSB10779 · VERSION 8 · UPDATED