Abortion is legal in roughly 30 states and Washington, D.C., though the specific rules vary widely. Thirteen states ban abortion almost entirely, seven more limit it to the first 6 to 12 weeks of pregnancy, and the remaining states allow it at least through viability (around 24 to 26 weeks), with nine states and D.C. setting no gestational limit at all. The landscape has shifted dramatically since the Supreme Court overturned Roe v. Wade in 2022, and several court cases and ballot measures continue to reshape access.
States With Total or Near-Total Bans
Thirteen states currently ban abortion at all stages of pregnancy, with limited exceptions. These are concentrated in the South and parts of the Midwest. Nearly all include an exception to prevent the death of the pregnant person, but the exceptions narrow sharply from there. Five of the 20 states with bans or early limits have no health exception at all. Nine have no exception for rape or incest, and 12 have no exception for fatal fetal anomalies, conditions where the fetus would not survive birth or would die shortly after.
Alabama is the only ban state that includes mental health within its health exception. Every other state with a health exception limits it to physical health, and some define that narrowly to mean only major bodily functions, explicitly excluding emotional or psychological conditions.
States With Early Gestational Limits
Seven states allow abortion only within the first 6 to 12 weeks of pregnancy. These early limits function as near-bans for many people, since six weeks corresponds to roughly two weeks after a missed period, before many people know they’re pregnant. States in this category apply the same types of exceptions as the total-ban states, though the specifics differ. Florida, for example, limits abortion to six weeks but requires a 24-hour waiting period and an in-person visit, adding logistical hurdles even for those who qualify within the window.
States Where Abortion Is Broadly Legal
The remaining states allow abortion at least through viability, generally defined as 24 to 26 weeks. Nine states and Washington, D.C. have no gestational limit written into law. Maine allows abortion after viability when a physician deems it necessary. States that do set a viability cutoff typically permit later abortions when the pregnant person’s life or health is at risk, or when there is a fatal fetal anomaly.
Several of these states have gone further by adding constitutional protections. In 2024, voters in Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York approved ballot measures enshrining abortion rights. Arizona’s Proposition 139 passed with 62% support. Maryland’s Question 1 passed with 76%. Missouri’s Amendment 3, which overturned one of the country’s strictest bans, passed with the narrowest margin at 52%. Nebraska went in the opposite direction: voters approved a measure prohibiting abortion after the first trimester while rejecting a competing measure that would have protected abortion rights in the state constitution.
States Where Courts Have Blocked Bans
In a few states, the legal status of abortion depends on ongoing court battles where judges have temporarily or permanently blocked enforcement of bans.
- Utah: The state’s total ban has been blocked by a preliminary injunction since 2024, after the Utah Supreme Court allowed it to remain in place through the duration of the lawsuit.
- Wyoming: A court blocked the state’s six-week ban in April 2026, ruling it violates the Wyoming Constitution’s guarantee that competent adults can make their own health care decisions.
- Missouri: Despite voters approving a constitutional amendment protecting abortion in 2024, the state’s ban remained in place until a court of appeals affirmed an injunction blocking it in October 2025.
- Indiana: A court permanently blocked enforcement of Indiana’s abortion ban against people whose religious beliefs direct them to obtain an abortion, though the ruling applies to a specific certified class rather than universally.
These situations can change quickly. A higher court could lift an injunction, or a legislature could pass new restrictions. If you’re in one of these states, checking the current status before making plans is essential.
Waiting Periods and In-Person Requirements
Even in states where abortion is legal, access can be complicated by mandatory waiting periods. Twenty-two states require a waiting period between a counseling session and the procedure, ranging from 18 to 72 hours. Thirteen of those states require the counseling to happen in person, meaning two separate trips to the clinic.
The longest waiting periods, 72 hours, are in North Carolina, Utah, and several states with total bans where the requirement would apply only in the rare cases that qualify for an exception. South Dakota adds an additional requirement: the patient must visit an anti-abortion center for counseling on top of the clinic-based counseling, making it one of the most burdensome processes in the country. Wisconsin has an unusual provision where the waiting period drops from 24 hours to 2 hours in cases of reported incest.
Medication Abortion and Telehealth
Medication abortion, which uses two pills taken in sequence to end a pregnancy in the first 10 to 12 weeks, accounts for the majority of abortions in the U.S. In states where abortion is legal, many patients can access these pills through telehealth appointments and receive them by mail.
Six states explicitly ban the use of telehealth for medication abortion: Arkansas, Florida, Indiana, Missouri, South Carolina, and West Virginia. Three states prohibit mailing abortion pills directly to patients: Arkansas, Indiana, and South Dakota. Most of these are states with total bans, so the restrictions are rarely enforced in practice since abortion itself is already prohibited there. Florida and South Carolina are the notable exceptions, where the telehealth ban adds a meaningful barrier for people seeking care within the state’s gestational window.
Shield Laws for Out-of-State Patients
Twenty-two states and Washington, D.C. have enacted shield laws designed to protect patients who travel from ban states and the providers who treat them. These laws guard against out-of-state investigations, professional discipline for providers, civil liability, and disclosure of medical records. States with shield laws include California, New York, Illinois, Colorado, Michigan, Massachusetts, Virginia, and others spread across the coasts and upper Midwest.
Eight of these states explicitly protect telehealth care regardless of where the patient is physically located, meaning a provider in one of those states could potentially prescribe medication abortion to a patient in a ban state. Four states offer some shield protections through executive orders rather than legislation, which makes those protections more vulnerable to changing administrations.
Parental Involvement for Minors
Seventeen states require parental notice before a minor can obtain an abortion. This is separate from parental consent requirements. In practice, most states with these laws also offer a judicial bypass process, where a minor can petition a judge to waive the parental requirement by demonstrating maturity or showing that involving a parent would not be in their best interest. The specifics of how difficult or accessible that process is vary significantly by state and even by county.
How to Check Your State’s Current Status
Abortion law is changing faster than at any point in recent American history. Court rulings, new legislation, and ballot measures can shift a state’s status in a matter of weeks. The Guttmacher Institute maintains an interactive map that categorizes every state into one of seven tiers, from “most restrictive” to “most protective,” updated regularly. KFF’s policy tracker breaks down the specific exceptions in each ban state. Both are reliable, nonpartisan resources for checking where things stand right now.