State Bans on Abortion Throughout Pregnancy

Background

On June 24, 2022 the US Supreme Court overturned abortion rights. We are updating this factsheet as states implement and enforce abortion bans.

Definitions

Last menstrual period (LMP): The beginning of pregnancy calculated from the start of the most recent menstrual period. An average pregnancy lasts approximately 40 weeks from this point.

Postfertilization: The beginning of pregnancy calculated from the date of conception; 20 weeks postfertilization is equivalent to 22 weeks LMP.

Postimplantation: The beginning of pregnancy calculated from the date of embryo implantation; 24 weeks postimplantation is equivalent to 27 weeks LMP.

General health: Defined by an individual doctor and includes the patient’s mental and emotional health.

Physical health: Applies only to the physical function of the patient’s body and may even be restricted to major bodily functions.

Viability: The point at which a fetus can sustain survival outside the uterus. Determined based on the fetus’s developmental progress and may vary by pregnancy. A fetus generally reaches viability between 24 and 28 weeks LMP.

Highlights

44 states prohibit some abortions after a certain point in pregnancy.
- 9 states ban abortion.
1 state bans abortion at 20 weeks LMP (18 weeks postfertilization in state law).
10 states ban abortion at 22 weeks LMP (20 weeks postfertilization in state law) on the unscientific grounds that a fetus can feel pain at that point.
5 states ban abortion at 24 weeks LMP.
- 18 states impose a ban at viability.
- 1 state imposes a ban in the third trimester (25 weeks LMP onward)

State Bans on Abortion Throughout Pregnancy
Statutory limit	State	Exceptions
Statutory limit	State	Life	General health	Physical health^§	Other
Conception	Alabama	X		X
	Arkansas	X
	Kentucky	X
	Louisiana	X			Lethal fetal anomaly
	Missouri	X		X
	Oklahoma	X
	South Dakota	X
	Texas	X		X
	Utah	X		X	Lethal fetal anomaly, severe brain anomaly, rape or incest
TOTAL IN EFFECT	9	9		4	2
6 weeks LMP	Georgia	▽		▽
	Idaho	▽		▽
	Iowa	▼		▼
	Kentucky	▽		▽
	Louisiana	▽		▽
	Mississippi	▽		▽
	North Dakota	▼		▼
	Ohio	▽		▽
	Oklahoma	▼		▼
	South Carolina	▽		▽	Rape, incest, lethal fetal anomaly
	Tennessee	▽		▽
TOTAL IN EFFECT	0	0		0	0
8 weeks LMP	Missouri	▽		▽
TOTAL IN EFFECT	0	0		0	0
12 weeks LMP	Arkansas	▼		▼
TOTAL IN EFFECT	0	0		0	0
15 weeks LMP	Kentucky	▽		▽
	Louisiana	▼		▼	Lethal fetal anomaly
	Mississippi	▼		▼
TOTAL IN EFFECT	0	0		0	0
18 weeks LMP	Arkansas	▽		▽
	Utah	▽		▽	Rape, incest, lethal fetal anomaly
TOTAL IN EFFECT	0	0		0	0
20 weeks LMP	Arizona	▼		▼
	Mississippi^*,†	X		X	Lethal fetal anomaly
	Montana	▽		▽
	North Carolina	▼		▼
	Tennessee	X		X
TOTAL IN EFFECT	2	2		2	1
22 weeks LMP	Georgia^*	X		X	Lethal fetal anomaly
	Idaho^‡	▼		▼
	Indiana^†,*	X		X
	Iowa^*	X		X
	Kansas^*,‡	X		X
	Nebraska^*	X		X
	North Dakota^*,†	X		X
	Ohio^*,†,‡	X		X
	South Carolina^*,‡	X		X	Lethal fetal anomaly
	West Virginia^*	X		X
	Wisconsin^*	X		X
TOTAL IN EFFECT	10	10		10	2
24 weeks LMP	Florida^‡	X		X
	Nevada	X	X
	Massachusetts^β	X	X		Lethal fetal anomaly
	New Hampshire	X		X
	Pennsylvania^†,‡	X		X
TOTAL IN EFFECT	5	5	2	3	1
Viability	Arizona^†	X	X
	California	X	X
	Connecticut	X	X
	Delaware^‡	X	X		Lethal fetal anomaly
	Hawaii	X	X
	Idaho	X
	Illinois	X	X
	Maine	X	X
	Maryland	X	X		Fetal anomaly
	Michigan	X
	Minnesota^†	X	X
	Montana^‡	X		X
	New York	X	X
	North Carolina	X		X
	Rhode Island	X	X
	Tennessee^†,‡	X		X
	Washington	X	X
	Wyoming	X		X
TOTAL IN EFFECT	18	18	12	4	3
Third trimester	Virginia^‡	X	X
TOTAL IN EFFECT	1	1	1	0	0

▼ Permanently enjoined by court order; law not in effect. Oklahoma's six-week ban was superseded by a total ban.

▽ Temporarily enjoined by court order; law not in effect. Louisiana’s six-week ban only goes into effect if Mississippi’s ban is allowed to take effect.

§ This exception typically permits an abortion when the individual suffers from a condition that risks “substantial and irreversible impairment” or “imminent peril” of a “major bodily function.”

* Based on the assertion that a fetus can feel pain at 18 or 20 weeks postfertilization.

† State requires a second physician to attend an abortion that takes place after the state’s gestational age limit. Five states—Alabama, Arizona, Arkansas, Louisiana and Oklahoma—have this requirement only for an abortion after viability. Minnesota requires the presence of a second physician at or after 20 weeks LMP.
‡ State requires a second physician to approve an abortion if it will take place after the state’s gestational age limit. Alabama, Idaho and Kansas require approval only for an abortion after viability.

β State law defines pregnancy from the date of embryo implantation.

Source URL: https://live.guttmacher.org/state-policy/explore/state-policies-later-abortions