Induced Abortion Gestational Limits
Survey of current laws across all states and territories regarding gestational limits for performing induced abortions
General
When the Dobbs v. Jackson Women’s Health (597 U.S. 215) ruling reversed Roe v. Wade (410 U.S. 113, 1973) and its progeny on June 24, 2022, states were once again able regulate induced abortions. In the words of Justice Samuel Alito’s majority opinion:
Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. The Court overrules those decisions and returns that authority to the people and their elected representatives.
In the past two years, the legal landscape for induced abortions has rapidly evolved within the United States, as any of these unfolded:
Pre-Roe laws becoming enforceable
Post-Roe laws becoming enforceable
Trigger laws going into effect
State constitutional limits going into effect
State legislatures passing new laws
Ballot initiatives amending state constitutions
Court cases interpreting existing laws
For this reason, it can be difficult to remain current on where the laws all stand.
Map of Gestational Limits
This is a best attempt at compiling the standings, as of the revision date on the map. As laws continue to evolve, this map will receive further updates.
Explanation of Map
To complete this map, I had to make a number of judgment calls. Others may disagree with these decisions, so let me explain why I have made them:
Color Spectrum
There will obviously be those who disagree with me choosing the direction of the color spectrum. I make it no secret that I seek the goal of protecting all human life, born and unborn. Since the vast majority of abortions are not induced to protect the pregnant woman’s life, then the life in focus of the laws is primarily the unborn child. For that reason, I have chosen the green end of the spectrum to represent the most protective of life and the red end of the spectrum to be the opposite.
Exceptions
These colors only relate to elective, induced abortions. Every state that limits abortions makes exceptions for the pregnant woman’s life or when her physical health is in danger of irreparable harm of bodily function. A few states also include mental health. Generally, these exceptions require a physician to sign off, under his or her professional medical opinion, that an abortion must be induced or performed to save the pregnant woman’s life or health.
Treatments after miscarriages or for ectopic pregnancies are outside the scope of the definition used for induced abortions by the Centers for Disease Control and Prevention and by every state, so these have no bearing on coloration in the map — whether or not state laws are explicit regarding them.
Unclear Status
A few states have a combination of ambiguously-enforceable restrictions. Generally, these are total bans or early gestational bans held up in court, while later gestational bans are enforceable. These states show with a hatch pattern and references to both statutes in the legend. The least restrictive abortion bans are what I consider active for each such state, and the most restrictive ones show in gray.
Decriminalization
A few states include gestational limits of viability (~22 weeks) in their abortion statutes but have fully decriminalized abortions performed past that point. In effect, this can be interpreted as the states having no gestational limits to induced abortions. However, as there can be different interpretations to this, I have noted each of those states in the legend.