Abortion Laws
Updated May 2011
Abortion and related issues concerning fetal rights are debated each year during state legislative sessions. Laws dealing with mandatory counseling and waiting periods for abortion, state funding of abortion under Medicaid, parental involvement in abortions for minors and abortion policy in the absence of Roe v Wade are frequently debated on the floors of state legislatures across the country. This webpage provides charts containing information on the laws related to these topics.
For information about state laws related to abortion coverage in insurance exchanges and the Affordable Care Act, please visit NCSL's Health Reform and Abortion Coverage webpage.
Mandatory Counseling and Waiting Periods for Abortion
|
|
State
|
Counseling |
Length of Waiting Period
|
|
Counseling Required
|
Includes Information On:
|
|
Breast Cancer
|
Fetal Pain
|
Mental Health Impact
|
Ultrasound Services
|
|
Alabama
|
X
|
|
|
X*
|
|
24 hours
|
|
Alaska
|
X
|
X*
|
X*
|
X
|
|
|
| Arizona |
§ |
|
|
|
|
24 hours |
|
Arkansas
|
X
|
|
X«
|
X
|
|
Prior day
|
|
California
|
X
|
|
|
|
|
|
|
Connecticut
|
X
|
|
|
|
|
|
|
Delaware
|
X
|
|
|
|
|
±
|
|
Florida
|
X
|
|
|
|
|
|
|
Georgia
|
X
|
|
X
|
X
|
X
|
24 hours
|
|
Idaho
|
X
|
|
|
X*
|
|
24 hours
|
|
Indiana
|
X
|
|
|
|
X
|
18 hours
|
|
Kansas
|
X
|
X*
|
|
X*
|
X
|
24 hours
|
|
Kentucky
|
X
|
|
|
|
|
24 hours
|
|
Louisiana
|
X
|
|
X
|
X*
|
|
24 hours
|
|
Maine
|
X
|
|
|
|
|
|
|
Massachusetts
|
|
|
|
|
|
±
|
|
Michigan
|
X
|
|
|
X
|
X*
|
24 hours
|
|
Minnesota
|
X
|
X
|
X«
|
X
|
|
24 hours
|
|
Mississippi
|
X
|
X
|
|
|
|
24 hours
|
|
Missouri
|
X
|
|
X«
|
X
|
X
|
24 hours
|
|
Montana
|
|
|
|
|
|
±
|
|
Nebraska
|
X
|
|
|
X
|
X
|
24 hours
|
|
Nevada
|
X
|
|
|
X (emotional)
|
|
|
|
North Dakota
|
X
|
|
|
|
|
24 hours
|
|
Ohio
|
X
|
|
|
|
|
24 hours
|
|
Oklahoma
|
X
|
X*
|
X«
|
X
|
X
|
24 hours
|
|
Pennsylvania
|
X
|
|
|
X
|
|
24 hours
|
|
Rhode Island
|
X
|
|
|
|
|
|
|
South Carolina
|
X
|
|
|
|
|
24 hours
|
|
South Dakota
|
X
|
|
X*
|
X*
|
|
24 hours
|
|
Tennessee
|
X#
|
|
|
|
|
±
|
|
Texas
|
X
|
X
|
X*
|
X*
|
|
24 hours
|
|
Utah
|
X
|
|
X
|
X
|
X
|
24 hours
|
|
Virginia
|
X
|
|
|
X
|
|
24 hours
|
|
West Virginia
|
X
|
X*
|
|
X
|
|
24 hours
|
|
Wisconsin
|
X
|
|
|
X
|
X
|
24 hours
|
|
Total
|
34
|
7
|
10
|
20
|
9
|
29
|
All states waive mandatory waiting period requirements in a medical emergency or when the woman's life or health is threatened. In Utah, the waiting period requirement is waived if the pregnancy is a result of rape or incest, the fetus has grave defects or the patient is younger than 15. The counseling requirement is waived in cases of ectopic pregnancy or severe fetal abnormality (Alabama) and in cases of a medical emergency (Georgia and Rhode Island).
± Permanently enjoined by court order; policy not in effect.
§ Temporarily enjoined by court order; policy not in effect.
* Included in written counseling materials although not specified by law.
« Fetal pain information is given only to women who are at least 20 weeks gestation; in Missouri at 22 weeks gestation.
# Enforcement of provision of the Tennessee law requiring that a woman be told that an abortion constitutes major surgery is enjoined.
Source: Guttmacher Institute 2011
State Funding of Abortion Under Medicaid
|
State
|
Generally Follows the Federal Standard, Funds in Cases of: |
Funds All of Most Medically Necessary Abortions
|
|
Life Endangerment, Rape and Incest
|
Other Exceptions
|
|
Alabama
|
X
|
|
|
|
Alaska
|
|
|
Court Order
|
|
Arizona
|
|
|
Court Order
|
|
Arkansas
|
X
|
|
|
|
California
|
|
|
Court Order
|
|
Colorado
|
X
|
|
|
|
Connecticut
|
|
|
Court Order
|
|
Delaware
|
X
|
|
|
|
District of Columbia
|
|
|
Voluntarily
|
|
Florida
|
X
|
|
|
|
Georgia
|
X
|
|
|
|
Hawaii
|
|
|
Voluntarily
|
|
Idaho
|
X
|
|
|
|
Illinois
|
|
|
Court Order
|
|
Indiana
|
X
|
Physical Health
|
|
|
Iowa
|
X
|
Fetal Abnormality
|
|
|
Kansas
|
X
|
|
|
|
Kentucky
|
X
|
|
|
|
Louisiana
|
X
|
|
|
|
Maine
|
X
|
|
|
|
Maryland
|
|
|
Voluntarily
|
|
Massachusetts
|
|
|
Court Order
|
|
Michigan
|
X
|
|
|
|
Minnesota
|
|
|
Court Order
|
|
Mississippi
|
X
|
Fetal Abnormality
|
|
|
Missouri
|
X
|
|
|
|
Montana
|
|
|
Court Order
|
|
Nebraska
|
X
|
|
|
|
Nevada
|
X
|
|
|
|
New Hampshire
|
X
|
|
|
|
New Jersey
|
|
|
Court Order
|
|
New Mexico
|
|
|
Court Order
|
|
New York
|
|
|
Voluntarily
|
|
North Carolina
|
X
|
|
|
|
North Dakota
|
X
|
|
|
|
Ohio
|
X
|
|
|
|
Oklahoma
|
X
|
|
|
|
Oregon
|
|
|
Court Order
|
|
Pennsylvania
|
X
|
|
|
|
Rhode Island
|
X
|
|
|
|
South Carolina
|
X
|
|
|
|
South Dakota
|
*
|
|
|
|
Tennessee
|
X
|
|
|
|
Texas
|
X
|
|
|
|
Utah
|
X
|
Physical Health
|
|
|
Vermont
|
|
|
Court Order
|
|
Virginia
|
X
|
Fetal Abnormality
|
|
|
Washington
|
|
|
Voluntarily
|
|
West Virginia
|
|
|
Court Order
|
|
Wisconsin
|
X
|
Physical Health
|
|
|
Wyoming
|
X
|
|
|
|
Total
|
32
|
|
17 and DC
|
* State only pays for abortions when necessary to protect the woman's life.
Source: Guttmacher Institute 2011
Parental Involvement in Minors' Abortions
|
|
State
|
Required Parental Involvement
|
Alternatives
|
Exceptions
|
|
Consent
|
Notification
|
Judicial Bypass
|
Other Adult Relatives
|
Medical Emergency
|
Abuse, Assault, Incest or Neglect
|
|
Alabama
|
X
|
|
X
|
|
X
|
|
|
Alaska
|
|
X
|
X
|
|
X
|
X
|
|
Arizona
|
X
|
|
X
|
|
X
|
X
|
|
Arkansas
|
X
|
|
X
|
|
X
|
X
|
|
California
|
±
|
|
|
|
|
|
|
Colorado
|
|
X
|
X
|
|
X
|
X
|
|
Delaware
|
|
X,*,¥
|
X,*,¥
|
X,¥
|
X,¥
|
|
|
Florida
|
|
X
|
X
|
|
X
|
|
|
Georgia
|
|
X
|
X
|
|
X
|
|
|
Idaho
|
X
|
|
X
|
|
X
|
X
|
|
Illinois
|
|
§
|
§
|
§
|
§
|
§
|
|
Indiana
|
X
|
|
X
|
|
X
|
|
|
Iowa
|
|
X
|
X
|
X
|
X
|
X
|
|
Kansas
|
|
X
|
X
|
|
X
|
X
|
|
Kentucky
|
X
|
|
X
|
|
X
|
|
|
Louisiana
|
X
|
|
X
|
|
X
|
|
| Maryland |
|
X* |
X* |
|
|
X* |
|
Massachusetts
|
X
|
|
X
|
|
X
|
|
|
Michigan
|
X
|
|
X
|
|
X
|
|
|
Minnesota
|
|
Both Parents
|
X
|
|
X
|
X
|
|
Mississippi
|
Both Parents
|
|
X
|
|
X
|
|
|
Missouri
|
X
|
|
X
|
|
|
|
|
Montana
|
|
±
|
|
|
|
|
|
Nebraska
|
|
X
|
X
|
|
X
|
X
|
|
Nevada
|
|
±
|
|
|
|
|
|
New Jersey
|
|
±
|
|
|
|
|
|
New Mexico
|
±
|
|
|
|
|
|
|
North Carolina
|
X
|
|
X
|
X
|
X
|
|
|
North Dakota
|
Both Parents
|
|
X
|
|
X
|
|
|
Ohio
|
X
|
|
X
|
|
|
|
|
Oklahoma
|
X
|
X
|
X
|
|
X
|
X
|
|
Pennsylvania
|
X
|
|
X
|
|
X
|
|
|
Rhode Island
|
X
|
|
X
|
|
|
|
|
South Carolina
|
X,¥
|
|
X, ¥
|
X, ¥
|
X, ¥
|
X, ¥
|
|
South Dakota
|
|
X
|
X
|
|
X
|
|
|
Tennessee
|
X
|
|
X
|
|
X
|
X
|
|
Texas
|
X
|
X
|
X
|
|
X
|
|
|
Utah
|
X
|
X
|
X, £
|
|
X
|
X, ¢
|
|
Virginia
|
X
|
|
X
|
X
|
X
|
X
|
|
West Virginia
|
|
X*
|
X*
|
|
X
|
|
|
Wisconsin
|
X*
|
|
X*
|
X
|
X
|
X
|
|
Wyoming
|
X
|
X
|
X
|
|
X
|
|
|
Total
|
26
|
20
|
37
|
7
|
33
|
17
|
Note: Except where indicated, policies require the involvement of one parent.
± Enforcement permanently enjoined by court order; policy not in effect.
§ Enforcement temporarily enjoined by court order; policy not in effect.
* Allows specified health professionals to waive parental involvement in limited circumstances.
¥ While most states laws apply to minors under 18, South Carolina's law applies to women under 17 and Delaware's law applies to women under 16.
£ The provision only applies to parental consent requirements.
¢ The provision only applies to the parental notification requirements.
Source: Guttmacher Institute 2011
Abortion Policy in the Absence of Roe v Wade
|
| State |
Criminalizing Abortion Except in Cases of Life Endangerment
|
Upholding Right to Abortion |
|
Abortion Ban
|
Abortion Ban if Roe Overturned
|
|
California
|
|
|
X |
|
Connecticut
|
|
|
X
|
|
Hawaii
|
|
|
X
|
|
Louisiana
|
±
|
X
|
|
|
Maine
|
|
|
X
|
|
Maryland
|
|
|
X
|
|
Mississippi
|
|
X
|
|
|
Nevada
|
|
|
X
|
|
North Dakota
|
|
§
|
|
|
South Dakota
|
|
X
|
|
|
Utah
|
±
|
|
|
|
Washington
|
|
|
X
|
|
Total
|
2
|
4
|
7
|
± Enforcement permanently enjoined by court order; policy not in effect
§ Law allows a physician to claim an affirmative defense that the abortion was necessary to protect the life of the woman or in cases of rape or incest.
Source: Guttmacher Institute 2011
|