Tate Olicies in Rief: An Overview of Abortion Laws

GUTTMACHER INSTITUTE
STATE POLICIES IN BRIEF
As of
NOVEMBER 1, 2015
An Overview of Abortion Laws

BACKGROUND: Since the Supreme Court handed down its 1973 decisions in Roe v. Wade and Doe v. Bolton, states
have constructed a lattice work of abortion law, codifying, regulating and limiting whether, when and under what
circumstances a woman may obtain an abortion. The following table highlights the major provisions of these state laws.
More detailed information can be found by selecting the table column headings in blue. Except where noted, the laws are
in effect, although they may not always be enforced.
HIGHLIGHTS:
Physician and Hospital Requirements: 38 states require an abortion to be performed by a licensed physician. 19
states require an abortion to be performed in a hospital after a specified point in the pregnancy, and 18 states require
the involvement of a second physician after a specified point.
Gestational Limits: 43 states prohibit abortions, generally except when necessary to protect the womans life or
health, after a specified point in pregnancy, most often fetal viability.
Partial-Birth Abortion: 19 states have laws in effect that prohibit partial-birth abortion. 3 of these laws apply
only to postviability abortions.
Public Funding: 17 states use their own funds to pay for all or most medically necessary abortions for Medicaid
enrollees in the state. 32 states and the District of Columbia prohibit the use of state funds except in those cases when
federal funds are available: where the womans life is in danger or the pregnancy is the result of rape or incest. In
defiance of federal requirements, South Dakota limits funding to cases of life endangerment only.
Coverage by Private Insurance: 11 states restrict coverage of abortion in private insurance plans, most often limiting
coverage only to when the womans life would be endangered if the pregnancy were carried to term. Most states
allow the purchase of additional abortion coverage at an additional cost.
Refusal: 45 states allow individual health care providers to refuse to participate in an abortion. 42 states allow
institutions to refuse to perform abortions, 16 of which limit refusal to private or religious institutions.
State-Mandated Counseling: 17 states mandate that women be given counseling before an abortion that includes
information on at least one of the following: the purported link between abortion and breast cancer (5 states), the
ability of a fetus to feel pain (12 states) or long-term mental health consequences for the woman (7 states).
Waiting Periods: 28 states require a woman seeking an abortion to wait a specified period of time, usually 24 hours,
between when she receives counseling and the procedure is performed. 14 of these states have laws that effectively
require the woman make two separate trips to the clinic to obtain the procedure.
Parental Involvement: 38 states require some type of parental involvement in a minors decision to have an abortion.
25 states require one or both parents to consent to the procedure, while 13 require that one or both parents be
notified.
Advancing sexual and reproductive health worldwide through research, policy analysis and public education.
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2015, Guttmacher Institute
CONTINUED
OVERVIEW OF STATE ABORTION LAW (PAGE 1 OF 2)

STATE
AL
AK
AZ
AR
CA
CO
CT
DE
DC
FL
GA
HI
ID
IL
IN
IA
KS
KY
LA
ME
MD
MA
MI
MN
MS
MO
MT
NE
NV
NH
NJ
NM
NY
NC
ND
OH
OK
OR
PA
RI
SC
SD
TN
TX
UT
VT
VA
WA
WV
WI
WY
TOTAL
MUST BE
PERFORMED
BY A
LICENSED
PHYSICIAN
MUST BE
PERFORMED
IN A
HOSPITAL IF
AT:
X
X
X
X
Viability
Viability
SECOND
PROHIBITED
PHYSICIAN EXCEPT IN CASES
MUST
OF LIFE OR
PARTICIPATE
HEALTH
IF AT:
ENDANGERMENT
IF AT:
Viability
Viability
Viability
20 weeks*
Viability
20 weeks
Viability
PARTIALBIRTH
ABORTION
BANNED
X
X
PUBLIC FUNDING OF ABORTION

Funds All or
Funds Limited
to Life
Most Medically
Endangerment,
Necessary
Rape and Incest
Abortions
PRIVATE
INSURANCE
COVERAGE
LIMITED
X
X
X
X
X
X
X
Viability
Viability
Viability
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Viability
24 weeks
Viability
3rd trimester
Viability
20 weeks
20 weeks
Viability
2nd trimester
Viability
20 weeks
Viability
Viability
Viability
24 weeks
X
X
14 weeks
X
X
X
X
20 weeks
Viability
Viability
24 weeks
20 weeks
20 weeks*
Viability*
20 weeks*
X
X
X
X
Postviability
X
X
X*
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Postviability
Postviability
24 weeks
Viability
2nd trimester
24 weeks
Viability
Viability
Viability
Viability
20 weeks*
3rd trimester
20 weeks*
Viability
20 weeks*
Viability
Viability
24 weeks
Viability
24 weeks
20 weeks*
Viability
Viability*
20 weeks*
24 weeks
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Viability
Viability
X
X
X
X
X
3rd trimester
24 weeks
3rd trimester
90 days
24 weeks*
24 weeks
3rd trimester
24 weeks
Viability
20 weeks*
Viability,
X
X
X
Life Only
X
X
X*
X
X
X
X
X
X
X
38
2nd trimester
Viability
Viability
19
18
3rd trimester
Viability
20 weeks*
Viability
Viability
43
19
X
X
17
X*
X
32+DC
11
Permanently enjoined; law not in effect.

*
Exception in case of threat to the womans physical health.

Exception in case of rape or incest.
Exception in case of life endangerment only.
Exception in case of fetal abnormality.
Only applies to surgical abortion.
Law limits abortion provision to OB/GYNs.
CONTINUED
Guttmacher Institute
NOVEMBER 1, 2015
OVERVIEW OF STATE ABORTION LAW (PAGE 2 OF 2)

STATE
AL
AK
AZ
AR
CA
CO
CT
DE
DC
FL
GA
HI
ID
IL
IN
IA
KS
KY
LA
ME
MD
MA
MI
MN
MS
MO
MT
NE
NV
NH
NJ
NM
NY
NC
ND
OH
OK
OR
PA
RI
SC
SD
TN
TX
UT
VT
VA
WA
WV
WI
WY
TOTAL
PROVIDERS MAY REFUSE

TO PARTICIPATE
MANDATED COUNSELING INCLUDES INFORMATION

ON:
Individual
Institution
Breast Cancer
Link
Fetal Pain
X
X
X
X
Private
X
X
Religious
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Private
Private
Private
X
X
X
X
X
X
X
Private
X
X
Private
X
Private
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Private
X
X
X
X
X
X
X
45
X
X
X
Private
Private
Private
Private
X
X
Private
Private
X
Private
42
Negative
Psychological Effects
X
X
X
X
48
24
48
Consent
Notice
Consent
Consent
Notice
Notice
24
24
Notice
Notice
24
Consent
Notice
Consent
Notice
Consent
Consent
Consent
24
24
24
24
24
24
72
24
Notice
Consent
Notice
Consent
Consent
Notice
Consent
Notice
72
24
24
24
Consent
Consent
Consent
Consent and Notice
24
24
72
48
24
72
Consent
Consent
Consent
Notice
Consent
Consent and Notice
Consent and Notice
24
Consent and Notice
24
24
28
Notice
Consent
Consent and Notice
38
X
X
X
X
12
PARENTAL
INVOLVEMENT
REQUIRED FOR MINORS
18
WAITING PERIOD
(in Hours) AFTER
COUNSELING
Permanently enjoined; law not in effect.

Enforcement temporarily enjoined by court order; policy not in effect.
Fetal pain information is given only to women who are at least 20 weeks gestation; in Missouri at 22 weeks gestation.
Both parents must consent to the abortion.
Specified health professionals may waive parental involvement in certain circumstances.
In South Dakota, the waiting period excludes weekends or annual holidays and in Utah the waiting period is waived in cases of rape, incest, fetal defect or if the patient is younger than 15.
FOR MORE INFORMATION:
For information on state policy activity, click on Guttmachers Monthly State Update, for state policy information see Guttmachers
State Policies in Brief series, and for information and data on reproductive health issues, go to Guttmachers State Center. To see
state-specific reproductive health information go to Guttmachers Data Center, and for abortion specific information click on State
Facts About Abortion. To keep up with new state relevant data and analysis sign up for the State News Quarterly Listserv.
Guttmacher Institute
NOVEMBER 1, 2015

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GUTTMACHER INSTITUTE

STATE POLICIES IN BRIEF

An Overview of Abortion Laws

1301 Connecticut Avenue, N.W.

OVERVIEW OF STATE ABORTION LAW (PAGE 1 OF 2)

PUBLIC FUNDING OF ABORTION

Permanently enjoined; law not in effect.

Exception in case of threat to the womans physical health.

OVERVIEW OF STATE ABORTION LAW (PAGE 2 OF 2)

PROVIDERS MAY REFUSE

MANDATED COUNSELING INCLUDES INFORMATION

Consent and Notice

Permanently enjoined; law not in effect.

FOR MORE INFORMATION:

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