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When the Supreme Court overturned Roe V. Wade in June 2022, nationwide laws surrounding abortion became diverse. 

What States Allow Abortion After Roe v. Wade?

Some states rushed to add protections for abortion into their constitutions, while other states immediately banned the practice. 

Many states have had confusing lawsuits and stop gaps that have made laws hard to understand. So if you are unsure about what is legal in the United States surrounding abortion, you are not alone.

As of this writing, this information is up to date but some of it is subject to change in the future.

Where Is Abortion Totally Illegal?

Many states have outlawed abortion from the point of conception, the fertilization of the egg. These states also have no exceptions for rape or incest. Those states include:

  • South Dakota
  • Missouri
  • Oklahoma
  • Arkansas
  • Louisiana
  • Mississippi
  • Alabama
  • Kentucky
  • Idaho
  • Texas
  • Tennessee 
  • Indiana

Which States Are Pending on Illegal Abortion?

Many of the states who have trigger laws have not been able to enact those laws because of legal challenges. Those states are expected to try and make abortion illegal, but currently have other restrictions in place. Here is the breakdown of those states:

  • North Dakota has a trigger law that would ban abortion after a fetal heartbeat at 6 weeks. However, it is enjoined right now, which means someone has sued the state in order to stop that law.  In the meantime, a different law is in effect that makes abortion legal until 22 weeks. There are also bans on telemedicine abortion and added requirements for abortion facilities.
  • Wyoming’s trigger law would ban all abortions except in cases of rape or incest. But for now, abortion is legal until viability, when the baby could live on its own if it was born. There is also a parental consent requirement for minors, among other restrictions.
  • Utah’s trigger law would ban all abortions. But while the courts battle out the validity of that law in regards to the state constitution, abortion until 18 weeks is legal.
  • Nebraska is trying to prohibit abortion and has many restrictions on abortion providers. It is currently legal until the child is believed to be able to feel pain, around 20-22 weeks. Women must also receive counseling and an ultrasound before an abortion.
  • Iowa decided in 2022 that the right to abortion was not included in its state constitution, so abortion will likely become illegal in this state. For now, abortion until 20 weeks is legal with a mandatory ultrasound and counseling requirement.
  • Wisconsin’s governor is favorable to abortion and is fighting the trigger law that would ban it. For now, it is legal until 22 weeks and requires an ultrasound and counseling prior to the appointment.
  • Michigan’s governor is an abortion supporter who is trying to amend the constitution, but the state’s old abortion law from before 1972 would ban abortion in nearly all cases. For now, abortion is legal until viability with a counseling and waiting period requirement, among other restrictions.
  • Pennsylvania has a pro-abortion governor that will likely not enforce the state’s trigger law. Currently, it is legal to have an abortion until 24 weeks.
  • West Virginia’s trigger law is currently enjoined, but the state is still saying it is enforcing the law because of an amendment in 2018 that stated there is no right to abortion under the state constitution. Currently, abortion via telemedicine is illegal, and it is illegal to have an abortion after 20 weeks. However, the trigger law would make it illegal in the state from the point of conception.
  • North Carolina is expected to make abortion illegal due to their trigger law that would ban all abortions. However that law is currently enjoined, and so abortion is legal until 20 weeks. There are many other restrictions in place as well.

Where Is Abortion Legal Only Until 6 Weeks?

Where Is Abortion Legal?

Some states have already made legal protections or provisions for abortion in wake of Roe V. Wade. Those states include:

Hopefully, this helps clarify the division of states in a confusing and tumultuous time. 

Here in Pennsylvania abortion is legal until 24 weeks. But before you decided whether or not abortion is right for you, you will need a pre-abortion screening. 

We can offer that to you free of charge at our clinic. You will receive a free ultrasound which will confirm how far along you are– important information to have before choosing your next step. We will also walk through your options and where you can find helpful resources.

Please contact us today to schedule your free consultation.

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