Global InformationAbortion law in the United States by state information
| Illegal with exceptions[a] Legal but no providers Legal before cardiac-cell activity[b] Legal through 12th week LMP* Legal through 15th week LMP* (1st trimester) Legal through 18th week LMP* Legal through 20th week LMP* Legal through 22nd week LMP* (5 months) Legal before fetal viability[c] Legal through 24th week LMP* (5½ months) Legal through second trimester[d] Legal at any stage *LMP is the time since the last menstrual period began. |
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, 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), respectively, created and maintained federal protections 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 now 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 some legal challenges in state courts.
130 electoral votes (EVs) have abortion illegal with exceptions, 55 EVs have abortion legal until cardiac cell activity, 21 EVs have abortion legal until 12 weeks, 11 EVs have abortion legal until 15 weeks, 6 EVs have abortion legal until 18 weeks, 22 EVs have abortion until 22 weeks, 141 EVs have abortion legal until before fetal viability, 57 EVs have abortion legal until 24 weeks, 24 EVs have abortion legal throughout the 2nd trimester, and 71 EVs have abortion legal until the moment of birth for any reason.
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