In 1971, Washington state lifted criminal penalties for abortion, and abortions are legal until the fetus becomes viable, between 23 and 24 weeks. Supporters on both sides also expect immediate legal action in states where pre-roe laws or other laws restricting access to abortion before viability have been blocked by federal courts. Georgia, Ohio, South Carolina and Iowa have laws banning abortion once a fetal heartbeat is detected, about six weeks, but those laws were blocked by judges under Roe. On October 21, 2003, the United States Senate passed the same bill by a vote of 64 to 34, with a number of Democrats. The law was signed into law on November 5, 2003, by President George W. Bush signed it, but a federal judge blocked its enforcement in several states just hours after it became public law. The Supreme Court upheld the national trial ban in Gonzales v. Carhart on April 18, 2007. Decision 5-4 states that the law banning partial abortions is not in conflict with previous court decisions on abortion. Abortion remains legal in New Jersey. Assembly Bill 6260, passed in January 2022, protects abortion rights and removed several restrictions from the law, including requiring only doctors to offer abortions. In 2000, the state Supreme Court struck down a law requiring parental consent for minors.

In 2016, Oklahoma state lawmakers passed a bill to criminalize abortion for providers, potentially punishing them with up to three years in prison. [56] On May 20, 2016, Governor Mary Fallin vetoed the bill before it became law, calling its wording too vague to withstand a court challenge. [57] The abortion is expected to be completed thirty days after the repeal of Roe v. Wade on June 24, 2022. After the trigger law comes into effect, doctors who perform abortions will spend at least two years in prison and up to five years. [12] [20] Exceptions to the prohibition include saving the mother`s life and legally proving that the pregnancy is the result of rape or incest. [12] Abortions are legal up to 24 weeks after fertilization. The state law protects access to abortion and was approved by voters in a referendum, meaning it cannot be changed without another popular vote. A 1999 Montana law allows abortion until the moment of viability, defined as « the ability of a fetus to live outside the womb » or at 24 weeks` gestation. Exceptions are allowed to save the life or health of the mother. Abortion restrictions passed in 2021 — including banning the procedure at 20 weeks, eliminating telemedicine services for medical abortions, and requiring providers to offer patients the opportunity to see an ultrasound or hear a fetal heartbeat — are currently mandatory as they face a legal challenge from Planned Parenthood.

A referendum in 2022 would have extended legal personality to « born alive » infants at any stage of development. Legislative Referendum 131, which was not passed, reportedly required doctors to provide life-sustaining treatment to an infant « at any stage of development who is breathing after expulsion or extraction, has a beating heart, or has some arbitrary muscle movement. » Abortions are legal throughout pregnancy. State law protects access to abortion. There are no national laws or restrictions governing abortion in Canada, although each province sets its own policies. In Australia, abortion law varies by state or territory. In many countries, abortion has been legalized by the respective legislatures, while in the United States, abortion was previously considered a constitutional right by the Supreme Court, although this was reversed in 2022. The pre-Roe state law, which prohibits all abortions except to save the life of the pregnant person, was ruled unconstitutional by the Arizona Court of Appeals in 1973 and subsequently ordered by a Supreme Court justice. However, proponents argued that the law could still be enforced. Not all trigger bans will go into effect immediately, but abortion will soon be illegal in more than a dozen states. While this law does not completely ban abortions, it does impose stricter restrictions because it prevents women from attempting or obtaining abortions, which is usually done by consuming poison during the first four months of a woman`s pregnancy.

Abortions are legal and unrestricted in Rhode Island. For minors, parental consent is required and only doctors are allowed to perform the procedure. In 2019, state lawmakers repealed a law criminalizing abortions after 12 weeks and replaced it with one that added legal protections but did not guarantee abortion rights in the state constitution. While some states have indicated they may try to ban people from traveling for abortions in a state where it`s legal, President Joe Biden said in a speech after the Supreme Court ruling that his administration would fight such laws. Abortion is legal until the 24th week of pregnancy, although all health care providers have suspended abortion services pending legal clarification. [11] Patients must see a physician at least 24 hours prior to the procedure, and a licensed physician must perform the procedure. Minors must obtain parental consent. [9] After the Supreme Court Roe v. Wade signed a trigger bill in 2019 banning abortion into law in Kentucky on June 24, 2022. [33] [7] The law makes all abortions illegal unless they are medically prescribed to prevent the patient from dying or permanently affecting a « survival organ. » [7] In February, the state failed to pass a bill that would have banned all abortions when Roe v. Wade was overthrown. Nebraska lawmakers have indicated they may convene a special session to try again to pass the bill.

Some states are in a legal gray area because of abortion bans before Roe, which can be enforced to ban abortion now. In Arizona, The 19th reports that a law banning abortion more than a hundred years ago has never been repealed, and now that Roe is no longer in effect, it could be used to ban abortion in the state. The law has already been ordered, meaning it cannot be enforced, so legal action may be required before the law can be enforced now. Yet Planned Parenthood and other clinics in Arizona have stopped offering abortions. But it could take months for all the legal maneuvers to be completed and for the nation to have a more definitive picture of where abortion is legal, said Greer Donley, a professor of reproductive health at the University of Pittsburgh School of Law. In order to determine in which category each State, D.C. and in the U.S. territories, we first examined whether abortion rights are protected (« protected ») by state, territory, or CD laws; If so, we investigated whether the state, territory, or District of Columbia has enacted laws or policies that improve access to abortion treatment (« enhanced access »). If abortion is not protected by state or territorial (« Unprotected ») laws, we then investigated whether the government had enacted laws or policies to restrict or prohibit access to abortion treatment (« Hostile »). Finally, we looked at states that have criminalized abortion and banned it completely (« illegal »). Based on our analysis, we then placed each state, territory, and District of Columbia in one of five categories, which exist along a spectrum ranging from « extensive access » to « protected » to « unprotected » to « hostile » and finally « illegal. » Laws prohibiting a particular method of abortion care, most commonly dilation and extraction (D&X) procedures and dilation and evacuation (D&E) procedures. Explicit intent to restrict abortion as much as possible In these states, laws protect abortion either until it becomes viable or throughout pregnancy.

Currently, abortion is illegal in Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas and Wisconsin, with a few exceptions, according to the Guttmacher Institute. According to the Washington Post, all states have exceptions to save the life of the pregnant person, but few have exceptions for rape or incest. Following the reversal of Roe v. Wade on June 24, 2022, abortion is illegal in Utah, although the state provides exceptions when the mother`s life is in danger, as well as in cases of fatal fetal abnormalities, severe brain abnormalities, rape or incest. [7] This is a second-degree felony,[20] punishable by imprisonment for 1 to 15 years and a possible maximum fine of $10,000. [81] On June 27, a Utah judge issued a 14-day injunction to block enforcement. [41] The following states have or have had initiatives regarding abortion. The legislative approach to the Fetal Heart Rhythm Act gained momentum in 2018 and 2019.