Abortion Law: Where Are We Now?

Abortion laws vary across the world, with some countries liberalizing their abortion laws and others rolling back the legality of abortion. In the United States, the Supreme Court's overturning of Roe v. Wade in June 2022 has resulted in varying abortion laws across states, with some states criminalizing abortion and others strengthening protections. As of October 2024, 41 states have abortion bans in effect, with 13 states having a total abortion ban. This has led to a rise in support for abortion rights among Latinos in states like Arizona, where abortion is illegal, and has also sparked a shift in opinion among Hispanic voters nationwide. The changing landscape of abortion access in the US has significant implications for individuals, especially those facing systemic racism and other marginalized groups, who may encounter compounding barriers to obtaining an abortion.

Where abortion is illegal

Abortion laws vary from country to country and even state to state. In the United States, for example, abortion was legal throughout the country for 49 years following the Roe v. Wade ruling. However, in June 2022, the Supreme Court overturned this decision, giving individual states the power to restrict or prohibit abortions entirely. As a result, abortion is now illegal in 13 states, with 10 of these states not providing an exception in cases of rape. This has led to a dramatic shift in public opinion, with rising support for abortion rights among Latinos in Arizona, for instance.

The situation in the US stands in stark contrast to the global trend towards the liberalization of abortion laws. Over the past 30 years, more than 60 countries and territories have liberalized their abortion laws, with abortion rights being recognised as fundamental human rights. This trend is particularly notable in Latin America, where the Green Wave movement has brought about a new era of liberalization in countries such as Colombia, Mexico, and Argentina.

In countries where abortion is illegal, those seeking abortions often face significant barriers and risks. For example, in Colombia, where abortion was previously illegal, women had to resort to secret clinics, facing the risk of jail time if caught. The enforcement of restrictive abortion laws also results in unsafe abortions, with approximately 39,000 deaths occurring each year due to unsafe procedures.

The criminalization of abortion has far-reaching consequences, impacting various aspects of people's lives. It leads to the loss of educational and economic opportunities, deepens historical marginalization, and denies individuals their reproductive rights and bodily autonomy. Human rights bodies have consistently condemned restrictive abortion laws and advocated for the decriminalization of abortion to guarantee access to safe abortion services.

Where abortion is legal

The legality of abortion varies significantly depending on the laws of each state or jurisdiction. While some states prohibit abortion at all stages of pregnancy, others permit it up to a certain point, and some allow abortion throughout a woman's pregnancy.

Alaska

In Alaska, abortion is legal at all stages of pregnancy. There is no requirement for a minor to notify a parent or guardian before obtaining an abortion. In September 2024, an Alaska superior court judge struck down the rule that only licensed physicians could perform abortions, meaning that the procedure can now be legally carried out by nurse practitioners and physician assistants.

Arizona

Abortion in Arizona is legal up until the 15th week of pregnancy. Patients must meet with a physician at least 24 hours before the procedure, and it must be carried out by a licensed physician. Minors under the age of 18 must receive parental consent.

California

Abortion is legal in California up to the point of fetal viability, or after that if it is necessary to preserve the life or health (including mental health) of the pregnant individual. Nurse-midwives and other non-physician qualified medical personnel with proper training may perform early abortion procedures. California does not require parental notification for minors.

Colorado

Abortion is legal in Colorado at all stages of pregnancy. However, minors' parents or legal guardians must receive notice before the procedure.

Connecticut

Abortion is legal in Connecticut up to the point of fetal viability, or after that if it is necessary to preserve the life or health (including mental health) of the pregnant individual. Connecticut does not require parental notification for minors.

Delaware

Abortion is legal in Delaware up to the point of fetal viability. Parental notification is required for minors under the age of 16.

District of Columbia

Abortion is legal in the District of Columbia at all stages of pregnancy. The District does not require a minor to notify a parent or guardian before obtaining an abortion.

Hawaii

Abortion is legal in Hawaii up to the point of fetal viability, or after that if necessary to preserve the life or health of the pregnant individual. Hawaii does not require parental notification for minors.

Illinois

Abortion is legal in Illinois up to the point of fetal viability, or after that if necessary to preserve the life or health (including mental health) of the pregnant individual. Illinois does not require parental notification for minors.

Kansas

Abortion is legal in Kansas up to 22 weeks after the last menstrual period (20 weeks post-fertilization). Parental consent is required for minors under the age of 18.

Maine

Abortion is legal in Maine, though it must be approved as necessary by a licensed physician after fetal viability. Maine does not require parental notification for minors.

Maryland

Abortion is legal in Maryland throughout pregnancy. Parental notification is required for minors under the age of 18.

Massachusetts

Abortion is legal in Massachusetts up to 24 weeks of pregnancy. After 24 weeks, abortions may only be performed if a licensed physician deems it medically necessary. Parental consent is required for minors under the age of 16.

Michigan

Abortion is legal in Michigan, although a physician's approval is needed after fetal viability. Parental consent is required for minors under the age of 18.

Minnesota

Abortion is legal in Minnesota at all stages of pregnancy. Minnesota does not require parental notification for minors.

Montana

Abortion is legal in Montana up to the point of fetal viability, pending the resolution of litigation over more restrictive laws passed by the state legislature. A 2024 Montana Supreme Court decision ruled that minors do not need parental consent to have an abortion.

Nevada

Abortion is legal in Nevada up to 24 weeks of pregnancy. Nevada does not require parental notification for minors.

New Hampshire

Abortion is legal in New Hampshire up to 24 weeks of pregnancy. Parental consent is required for minors under the age of 18.

New Jersey

Abortion is legal in New Jersey at all stages of pregnancy. New Jersey does not require parental notification for minors.

New Mexico

Abortion is legal in New Mexico at all stages of pregnancy. New Mexico does not require parental notification for minors.

New York

Abortion is legal in New York up to 24 weeks of pregnancy. New York does not require parental notification for minors.

North Dakota

Abortion is legal in North Dakota, although there is some legal uncertainty. The law technically makes exceptions to save the life of the pregnant person, or, until 6 weeks into a pregnancy, in cases of rape or incest.

Ohio

Abortion is legal in Ohio up to viability. After viability, abortion is only legal if a physician judges it necessary to protect the pregnant individual's life or health. Parental consent is required for minors under the age of 18.

Oregon

Abortion is legal in Oregon at all stages of pregnancy. There are no major restrictions on abortion in the state, including no requirements for a waiting period or parental consent for minors.

Pennsylvania

Abortion is legal in Pennsylvania up to 24 weeks of pregnancy. Parental consent is required for minors under the age of 18.

Rhode Island

Abortion is legal in Rhode Island up to the point of fetal viability. There are some restrictions in Rhode Island, such as parental consent and clinic regulations.

Utah

Abortion is legal in Utah up to 18 weeks. Parental consent is required for minors under the age of 18.

Vermont

Abortion is legal in Vermont at all stages of pregnancy. Vermont does not require parental notification for minors.

Virginia

Abortion is legal in Virginia up to 25 weeks of pregnancy. Parental consent is required for minors under the age of 18.

Washington

Abortion is legal in Washington up to the point of fetal viability. Washington does not require parental notification for minors.

Wyoming

Abortion is legal in Wyoming up to the point of fetal viability, pending the outcome of litigation in state court over a near-total ban passed by the legislature.

Where abortion is broadly legal

The legality of abortion varies significantly worldwide, depending on the laws of each jurisdiction. Here is an overview of where abortion is broadly legal:

Alaska

Abortion is legal in Alaska at all stages of pregnancy. There is no requirement for minors to notify a parent or guardian before obtaining an abortion. In September 2024, an Alaska superior court judge struck down the mandate that only licensed physicians could perform abortions, allowing nurse practitioners and physician assistants to legally perform the procedure.

California

Abortion is legal in California up to the point of fetal viability. After this point, abortions are permitted if they are necessary to preserve the life or health, including mental health, of the pregnant individual. California does not require parental notification for minors seeking an abortion.

Colorado

Abortion is legal at all stages of pregnancy in Colorado. However, minors' parents or legal guardians must receive notice before the procedure is carried out. In April 2022, the state passed the Reproductive Health Equity Act, which protects abortion rights and assures every individual of their fundamental right to make decisions regarding their reproductive health care.

Connecticut

Abortion is legal in Connecticut up to the point of fetal viability. After this point, abortions are permitted if they are necessary to preserve the life or health, including mental health, of the pregnant individual. Connecticut does not require parental notification for minors seeking an abortion.

These are just a few examples of places where abortion is broadly legal. The legal status of abortion is subject to change and vary across different jurisdictions, so it is always important to refer to the most up-to-date information for a specific location.

Where abortion is restricted

The abortion laws of a country are subject to change over time, and this answer reflects the information available up to October 2024.

In the United States, the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in June 2022 overturned Roe v. Wade, eliminating the constitutional right to abortion and allowing states to restrict or prohibit it. As a result, abortion laws now vary across the country, with some states banning it outright. As of January 2023, 12 states were enforcing near-total bans on abortion with very limited exceptions: Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia. Two additional states, North Dakota and Wisconsin, do not have active bans but have no abortion clinics operating within their borders. Four other states have gestational age bans in place, prohibiting abortion after a specific point in pregnancy: Arizona (15 weeks), Florida (6 weeks), Georgia (6 weeks), and Utah (18 weeks).

The legal landscape surrounding abortion has become chaotic, with courts blocking some bans from taking effect, while other states are actively challenging their pre-Roe abortion laws. For example, the Montana State Supreme Court ruled that the state constitution protects abortion rights, preventing an abortion ban from being enacted. Similarly, the South Carolina Supreme Court struck down a six-week abortion ban, holding that the right to privacy in the state's constitution includes the right to abortion.

Outside of the United States, abortion laws vary widely. According to the Center for Reproductive Rights, 24 countries worldwide completely prohibit abortion, including Andorra, Malta, El Salvador, Honduras, Senegal, Egypt, the Philippines, and Laos. In Brazil, abortion is illegal except in cases of rape, risks to the life of the mother, or when the fetus has anencephaly. Poland introduced a near-total ban in January 2021, allowing abortion only in cases of rape, incest, or when the mother's life is at risk. On the other hand, some countries have broadened access to abortion. For example, Colombia, Argentina, and Mexico recently decriminalized abortion, and Chile may become the first Latin American country to enshrine the right to abortion in its constitution.

Where abortion is protected

Abortion laws vary widely across the world, ranging from abortion being available on request, to varying degrees of regulation and restriction, to outright prohibition in all circumstances.

In 2024, France became the first country to explicitly protect abortion rights in its constitution, while Yugoslavia implicitly inscribed abortion rights in its constitution in 1974.

In 2021, the Supreme Court of Mexico found the absolute criminalization of abortion to be unconstitutional and recognized the right to abortion early in pregnancy. As of 2024, about 40% of Mexican states comply with this ruling.

In 2022, Colombia's Constitutional Court legalized abortion up to 24 weeks. Abortion is also legal in Cuba, Uruguay, Argentina, and parts of Mexico.

In the United States, abortion was legal throughout the country for 49 years following the 1973 Roe v. Wade ruling. However, in June 2022, Roe v. Wade was overturned by the Supreme Court, allowing individual states to ban abortion. Currently, abortion is protected by state law in 21 states and the District of Columbia.

In Canada, abortion is available on request with no stipulations as to who must provide it or where. There are no criminal sanctions against abortion, and it is accessible without restriction.

In Sweden, abortion is available on request up to 18 weeks. After that, permission from the National Board of Health and Welfare is required and may not be granted if the fetus is viable.

In Japan, abortion is permitted to protect health, including socioeconomic reasons, and in cases of sexual offenses.

In Ethiopia, abortion is legal in cases of rape, incest, or fetal impairment, as well as if the life or physical health of the woman is in danger, if she has a physical or mental disability, or if she is a minor.

In recent decades, Latin America has seen a combination of legal reforms, court rulings, and public health guidelines that have improved access to safe abortion for women. This includes allowing abortion on request in the first trimester in Mexico City and Uruguay.

Frequently asked questions