The Post-Dobbs Status Quo: A State-by-State Guide to the Legal Status of Abortion
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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
| State | Prohibited | Restricted | Uncertain | Legal |
|---|---|---|---|---|
| Alabama | X | |||
| Alaska | X | |||
| Arizona | X (Until viability) | |||
| Arkansas | X | |||
| California | X (Until viability) | |||
| Colorado | X | |||
| Connecticut | X (Until viability) | |||
| Delaware | X (Until viability) | |||
| District of Columbia | X | |||
| Florida | X (Banned after 6 weeks) | |||
| Georgia | X (Banned after 6 weeks) | |||
| Hawaii | X (Until viability) | |||
| Idaho | X | |||
| Illinois | X (Until viability) | |||
| Indiana | X | |||
| Iowa | X (Banned after 6 weeks) | |||
| Kansas | X (Banned after 22 weeks) | |||
| Kentucky | X | |||
| Louisiana | X | |||
| Maine | X | |||
| Maryland | X | |||
| Massachusetts | X (Until 27 weeks) | |||
| Michigan | X | |||
| Minnesota | X | |||
| Mississippi | X | |||
| Missouri | X (Until viability) | |||
| Montana | X (Until viability) | |||
| Nebraska | X (Banned after 12 weeks) | |||
| Nevada | X (Until viability) | |||
| New Hampshire | X (Banned after 24 weeks) | |||
| New Jersey | X | |||
| New Mexico | X | |||
| New York | X (Until viability) | |||
| North Carolina | X (Banned after 13 weeks) | |||
| North Dakota | X (judge struck down abortion ban; currently being appealed) | |||
| Ohio | X (Banned after 22 weeks) | |||
| Oklahoma | X | |||
| Oregon | X | |||
| Pennsylvania | X (Banned after 24 weeks) | |||
| Rhode Island | X (Until viability) | |||
| South Carolina | X (Banned after 6 weeks) | |||
| South Dakota | X | |||
| Tennessee | X | |||
| Texas | X | |||
| Utah | X (Banned 18 weeks; trigger law completely outlawing abortion is being challenged in the courts) | |||
| Vermont | X | |||
| Virginia | X (Banned after 27 weeks) | |||
| Washington | X (Until viability) | |||
| West Virginia | X | |||
| Wisconsin | X (Banned after 22 weeks) | |||
| Wyoming | X (Until viability; law completely banning abortion is being challenged in the courts) |