The Post-Dobbs Status Quo: A State-by-State Guide to the Legal Status of Abortion

In 2022, the Supreme Court overturned Roe v. Wade, pushing the responsibility of determining the legal status of abortion to state governments. Here is a roundup of where things currently stand.

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturned Roe vs. Wade in ruling that abortion was no longer a constitutional right. The effects of the Dobbs decision will likely impact group health insurance plans for years to come. Because of this decision, health insurers and employers, especially those with employees in many different states, will need to be aware of the abortion laws of each state.

Several states have changed their laws since Roe was overturned, and more may do so in the future. Employers and health insurers are strongly encouraged to keep track of this ever-changing landscape. The list below is current as of the publication date of this article and applies only to elective abortions. Exceptions for therapeutic abortion vary by state.

Note: In many states abortion is legal “until viability,” the definition of which can vary by jurisdiction.

Each State's Abortion Laws

For a breakdown of the Dobbs decision and its consequences for employers, watch this on-demand webinar: Employer Considerations in Light of Dobbs Decision.