Skip to content

Mapping Abortion Laws by State

Alliance Defending Freedom
Published
Revised
Image
What will abortion laws look like around the country now that Roe v. Wade has been overturned? See our map of abortion laws by state.

Now that the U.S. Supreme Court has overturned Roe v. Wade, the abortion question returns to the legislatures of the fifty states. Laws governing abortion will vary by state. While some states have already passed laws increasing protections for mothers and their unborn children, other states are sadly attempting to head in the opposite direction.

Because of this, we can map out what abortion laws will look like around the country. But first, let’s break down what kinds of laws we’re talking about. Generally speaking, they fall into four categories:

1. Pre-Roe laws: These are laws that existed prior to 1973 but remain unenforced due to Roe. Now that Roe has been reversed, these laws, most of which are strongly pro-life, could be enforced once again.

2. Trigger laws: These are laws that can go into effect (be “triggered”) now that Roe has been overturned. Numerous states have pro-life trigger laws.

3. Enjoined laws: Many states had pro-life laws that have been ruled unconstitutional by a court (including, for example, heartbeat laws, gestational limits, and discrimination-abortion protections) that may be brought back into effect with Roe’s reversal.

4. Pro-abortion laws and court decisions: Several states have pro-abortion laws that codify a “right to abortion” in state law. In other states, courts have ruled that a “right to abortion” is protected by the state’s constitution. These laws and court decisions remain in effect after Roe was reversed.

 

Post-Roe Abortion Map Legend

 

 

Alabama

  • state constitution affirmatively declares that it does not protect or recognize a “right to abortion”
  • pre-Roe law that is currently unenforced
  • law limiting abortion after 20 weeks gestation
  • multiple enjoined laws

 

Alaska

  • state constitutional “right to abortion” recognized by court decision
  • multiple enjoined laws

 

Arizona

  • pre-Roe law that is currently unenforced
  • law limiting abortion after 15 weeks gestation
  • multiple enjoined laws

 

Arkansas

  • pre-Roe law that is currently unenforced
  • pro-life trigger law
  • enjoined law prohibiting abortion

 

California

  • state constitutional “right to abortion” recognized by court decision
  • statutory “right to abortion” prior to viability
  • enjoined law

 

Colorado

  • statutory “right to abortion”

 

Connecticut

  • law codifying a “right to abortion” prior to viability

 

Delaware

  • law codifying a “right to abortion” prior to viability

 

District of Columbia

  • statutory “right to abortion”

 

Florida

  • state constitutional “right to abortion” recognized by court decision
  • statutory “right to abortion” prior to viability
  • enjoined law

 

Georgia

  • pre-Roe laws
  • law limiting abortion after 22 weeks gestation
  • enjoined law

 

Hawaii

  • statutory “right to abortion” prior to viability

 

Idaho

  • pro-life trigger law
  • multiple enjoined laws

 

Illinois

  • statutory “right to abortion” prior to viability

 

Indiana

  • law limiting abortion after 22 weeks gestation
  • multiple enjoined laws

 

Iowa

  • law limiting abortion after 22 weeks gestation
  • multiple enjoined laws

 

Kansas

  • state constitutional “right to abortion” recognized by court decision
  • law limiting abortion after 22 weeks gestation
  • multiple enjoined laws

 

Kentucky

  • pro-life trigger law
  • law limiting abortion after viability
  • multiple enjoined laws

 

Louisiana

 

Maine

  • statutory “right to abortion” prior to viability

 

Maryland

  • statutory “right to abortion”

 

Massachusetts

  • statutory “right to abortion” up to 24 weeks gestation

 

Michigan

  • pre-Roe law that is currently unenforced
  • law limiting abortion after viability

 

Minnesota

  • state constitutional “right to abortion” recognized by court decision
  • multiple enjoined laws

 

Mississippi

  • state constitutional “right to abortion” recognized by court decision
  • pre-Roe law that is currently unenforced
  • pro-life trigger law
  • multiple enjoined laws

 

Missouri

  • pro-life trigger law
  • law limiting abortion after viability
  • multiple enjoined laws

 

Montana

  • state constitutional “right to abortion” recognized by court decision
  • law limiting abortion after viability
  • enjoined law limiting abortion after 20 weeks gestation
  • multiple other enjoined laws

 

Nebraska

  • law limiting abortion after 22 weeks gestation

 

Nevada

  • law limiting abortion after 24 weeks gestation

 

New Hampshire

  • law limiting abortion after 24 weeks gestation

 

New Jersey

  • statutory “right to abortion”

 

New Mexico

  • only prohibits partial-birth abortion

 

New York

  • state constitutional “right to abortion” recognized by court decision
  • law limiting abortion after 24 weeks gestation

 

North Carolina

  • enjoined law limiting abortion after 20 weeks gestation
  • other enjoined law

 

North Dakota

  • pro-life trigger law
  • law limiting abortion after 22 weeks gestation
  • enjoined law limiting abortion after 6 weeks gestation
  • multiple other enjoined laws

 

Ohio

  • law limiting abortion after 20 weeks gestation
  • enjoined law limiting abortion after 6 weeks gestation
  • other enjoined law

 

Oklahoma

  • pre-Roe laws that are currently unenforced
  • pro-life trigger law
  • law limiting abortion after 20 weeks gestation
  • law limiting abortion after 6 weeks gestation via private right of action
  • multiple enjoined laws

 

Oregon

  • statutory “right to abortion”

 

Pennsylvania

  • law limiting abortion after 24 weeks gestation

 

Rhode Island

  • statutory “right to abortion” prior to viability

 

South Carolina

  • pro-life trigger law
  • law limiting abortion after 22 weeks gestation
  • enjoined law limiting abortion after 6 weeks gestation
  • other enjoined law

 

South Dakota

  • pro-life trigger law
  • law limiting abortion after 22 week gestation

 

Tennessee

  • state constitution affirmatively declares that it does not protect or recognize a “right to abortion”
  • pro-life trigger law
  • law limiting abortion after 20 weeks gestation
  • enjoined law limiting abortion after 6 weeks gestation

 

Texas

  • pre-Roe laws that are currently enjoined
  • pro-life trigger law
  • law limiting abortion after 20 weeks gestation
  • enjoined law limiting abortion after 6 weeks gestation via private right of action
  • other enjoined law

 

Utah

  • pro-life trigger law
  • law limiting abortion after 18 weeks gestation

 

Vermont

  • statutory “right to abortion”

 

Virginia

  • law limiting abortion after viability
  • enjoined law

 

Washington

  • statutory “right to abortion” prior to viability

 

West Virginia

  • state constitution affirmatively declares that it does not protect or recognize a “right to abortion”
  • pre-Roe law that is currently unenforced
  • law limiting abortion after 22 weeks gestation
  • enjoined law

 

Wisconsin

  • pre-Roe law that is currently unenforced
  • law limiting abortion after 22 weeks gestation
  • multiple enjoined laws

 

Wyoming

  • pro-life trigger law
  • law limiting abortion after viability

 

Alliance Defending Freedom
Alliance Defending Freedom
Non-profit organization
ADF is the world's largest legal organization committed to protecting religious freedom, free speech, the sanctity of life, marriage and family, and parental rights.