Roe V Wade: A Guide To The Laws In Each State

Updated: June 8, 2022
If you're feeling overwhelmed by everything that's been going on in the news regarding the Roe v Wade debate, take a look at this comprehensive guide to the laws in each state.
Roe V Wade: A Guide To The Laws In Each State
Table of contents

The United States has been in turmoil over the possible outcome surrounding Roe v Wade. The supreme court is talking about overturning this court ruling, which could mean a ban on abortion access nationwide or at the very least, greater restrictions.

Roe v Wade was created to protect women’s reproductive rights and this conversation has women worried. Below we are going to talk about what exactly Roe v Wade is, what it means, and most importantly, what the abortion laws are in each state.

What is Roe v Wade? 

Roe v Wade was a decision of the US Supreme Court, in which the Court ruled that the Constitution of the United States protects a woman’s right to an abortion without excessive government inteference. 

A woman in Texas named Norma McCorvey or “Jane Roe” wanted to have an abortion but was denied because it was illegal. She filed a lawsuit declaring that the situation was unconstitutional, and won her case, which initially sparked a lot of change. 

However, many state laws have changed since then regarding abortion restrictions and legality. Planned Parenthood v. Casey in Pennsylvania in 1992 challenged some of the provisions of the Pennsylvania Abortion Control Act of 1982 which were unconstitutional under Roe v Wade. As long as Roe v Wade is upheld, abortion will continue to be a constitutional right.

Trigger Laws 

A trigger law is drawn up by the state government in the case that the federal government or the U.S. Supreme Court changes a particular law.

There are currently 13 states who have trigger laws for post-Roe. They will automatically ban abortion in the first trimester and second trimester. They are: Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming.

What Are the Abortion Laws in Each State? 

What are the Abortion Laws in Each State?

Below are some of the abortion laws in each state. The Guttmacher Institute gives more information such as where to find abortion providers in each state as well.

Alabama 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Alaska 

  • Abortion is legal at any point in the pregnancy.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

Arizona 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Parental consent is needed for abortions in minors.
  • Medicaid does not cover abortions.

Arkansas

  • Abortion is illegal after week 20 of pregnancy unless it was a result of incest or rape only.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

California 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

Colorado 

  • Abortion is legal at any point in the pregnancy.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Connecticut 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

Delaware 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

District of Columbia 

  • Abortion is legal at any point in the pregnancy.
  • Minors do not need parental consent for an abortion.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Florida 

  • Abortion is illegal after the 24th week of pregnancy.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Georgia 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Hawaii 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

Idaho

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Illinois 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

Indiana 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Iowa 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Kansas 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Kentucky 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Louisiana 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Maine

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

Maryland 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation. The only exceptions are if the fetus has genetic or physical abnormalities.
  • Parental consent is needed for abortions in minors.
  • Medicaid covers abortion in any case.

Massachusetts 

  • Abortion is illegal after 24 weeks unless the fetus has genetic or physical abnormalities.
  • Parental consent is needed for abortions in minors.
  • Medicaid covers abortion in any case.

Michigan 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks unless life-threatening to the mother.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Minnesota 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Both parents must be notified about abortions in minors.
  • Medicaid only covers abortion in any case.

Mississippi

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Both parents must consent to the abortion for minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Missouri 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Montana 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks. The only exceptions are if the fetus has genetic or physical abnormalities.
  • Parental consent is needed for abortions in minors under age 16.
  • Medicaid covers abortion in any case.

Nebraska 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Nevada

  • Abortion is illegal after the 24th week of pregnancy.
  • Minors do not need parental consent for an abortion.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

New Hampshire 

  • Abortion is legal at any point in the pregnancy.
  • Parents of minors must be notified of an abortion.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

New Jersey 

  • Abortion is legal at any point in the pregnancy.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

New Mexico 

  • Abortion is legal at any point in the pregnancy.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

New York 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks. The only exceptions are if the fetus has genetic or physical abnormalities.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

North Carolina 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks. The only exception is if there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

North Dakota 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Both parents must consent to the abortion for minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Ohio 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Oklahoma 

  • Abortion is illegal after the 6th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Oregon 

  • Abortion is legal at any point in the pregnancy.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

Pennsylvania 

  • Abortion is illegal after the 24th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Rhode Island 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

South Carolina 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

South Dakota 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parents must be notified of abortion in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Tennessee

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Texas 

  • Abortion is illegal after the 6th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Utah 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks. Exceptions are rape, incest, or fetal abnormalities.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Vermont 

  • Abortion is legal at any point in the pregnancy.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

Virginia

  • Abortions are illegal after the 3rd trimester.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Washington 

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Minors do not need parental consent for an abortion.
  • Medicaid covers abortion in any case.

West Virginia 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parents must be notified of abortion in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Wisconsin 

  • Abortion is illegal after the 20th week of pregnancy unless there is a risk to the mother’s health.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.

Wyoming

  • Abortion is illegal after the fetus is considered viable, which is between 22 and 26 weeks gestation.
  • Parental consent is needed for abortions in minors.
  • Medicaid only covers abortion in the case of rape, incest, or if the child or mother’s life is in danger.