Abortion Laws by State: Where It's Legal in 2026

Abortion laws by state vary widely across the United States, and the legal map has shifted in nearly every state since the Supreme Court's June 2022 ruling in Dobbs v. Jackson Women's Health Organization. In April 2026, 13 states impose near-total bans, six states limit access to 6-12 weeks of pregnancy, and 25 states and Washington, D.C. have laws or constitutions that protect abortion access.

This article breaks down the current state of laws, the broad categories in which states fit, what the limits on pregnancy actually mean, and where to find the most up-to-date information on your state's laws. This is policy and law, not medical, information. State laws are in constant flux, so the trackers listed at the bottom are our best source of information for any specific choice.

What changed after Roe v. Wade was overturned

For almost 50 years, Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) have created a federal constitutional right to abortion before viability. But in June 2022, the Supreme Court delivered its opinion in Dobbs v. Jackson Women's Health Organization. The decision concluded there is no constitutional right to abortion and the question of abortion regulation is now left to each state.

Post-Roe v Wade, the landscape of abortion laws rapidly splintered. One group of states had "trigger laws" that were designed to go into effect, prohibiting abortion almost immediately. Some had laws from before Roe went back into effect. Other states have done the opposite, enacting new laws or constitutional amendments to enhance access. This creates a patchwork, not just by state but sometimes by county or hospital system, or by the interpretation of a state law that month.

Despite the changes, the Guttmacher Institute found the overall number of abortions in the U.S. has stayed relatively steady from 2024 to 2025. This has generally been due to shifts in travel patterns rather than access.

Abortion laws by state: the current picture

Abortion laws by state currently fall into four broad categories: total bans (13 states), early gestational limits (6 weeks to 18 weeks, 8 states), bans at viability or 24 weeks (mostly Roe-era frameworks), and full protection through state law or constitution (25 states plus D.C.). Legal status can change month to month due to court rulings, so the categories below reflect April 2026 status.

The Center for Reproductive Rights classifies states into five tiers based on legal protection. The simplified version below covers what most readers want to know.

States where abortion is legal in 2026

States where abortion is legal with no early gestational limit include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Ohio, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. Some of these states have constitutional protections approved by voters since 2022 (Michigan, Ohio, Vermont, California). Others have statutes that could be modified by the legislature.

Other states allow abortion until viability (around 24-26 weeks into pregnancy) under a Roe-like doctrine. These states are Alaska, Kansas, Montana, New Hampshire, Pennsylvania, Virginia and Wisconsin. Some are also protected from state court rulings.

The KFF abortion dashboard is updated following every major court decision or law.

Abortion ban states with total bans

States with near-total abortion bans (as of April 2026) include Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas and West Virginia. Most ban abortion from conception or implantation, except for a limited number of exceptions, usually only to save the life of the pregnant person.

Exceptions are worded differently and interpreted differently. KFF analysis has found most exceptions for rape and incest in ban states mandate the assault be reported to police within a narrow time frame (45 days, for instance, in Iowa), and many providers say exceptions for life-threatening conditions are so poorly defined they are reluctant to act until the patient is in peril.

Which states have abortion bans is in flux. In November 2025, North Dakota's ban was put into effect when an injunction was lifted by the state's supreme court. A 6-week ban was implemented in Wyoming in early 2026. In 2024, Missouri voters passed a constitutional amendment to protect abortion, but legal challenges have delayed its effective date and an abortion ban reinstatement measure will be on the ballot in November 2026.

Abortion gestational limits between 6 and 22 weeks

Abortion gestational limits in the U.S. now range from 6 weeks to 22 weeks of pregnancy in states that allow the procedure but with restrictions. Six weeks is before many people know they are pregnant, since pregnancy is dated from the first day of the last menstrual period.

Six-week bans are the most restrictive type currently in effect outside of total bans. KFF data show that 45% of all U.S. abortions occur by 6 weeks, 36% between 7 and 9 weeks, and 13% between 10 and 13 weeks. A 6-week ban therefore prevents most second-trimester care and a significant share of first-trimester care.

How state laws affect medical care

Laws in each state not only affect access to abortion but also affect doctors' practices in related medical cases. A 2024 review published in the New England Journal of Medicine reported hospitals refusing or delaying care to treat miscarriage, ectopic pregnancy (when the fertilised egg implants in the fallopian tube) and severe pregnancy complications in ban states out of fear of legal liability under the unclear wording of exception provisions.

The Emergency Medical Treatment and Labor Act (EMTALA) mandates hospitals to treat patients in emergency situations, but the Supreme Court ruling in 2024 Moyle v. United States did not answer how the federal law will interact with state bans. Federal courts have disagreed, leaving hospitals in ban states unsure about how to handle these cases.

If you're in a ban state (or visiting one) and have complications with your pregnancy (severe bleeding or pain, signs of an ectopic pregnancy, fever following a miscarriage), go to the hospital. EMTALA provides your right to a stabilizing exam regardless of state law. A health companion app such as August AI can help you explain symptoms in layman's terms and keep track of the time course of events, which may be helpful for your own provider and in case you need medical or legal advice later.

How to verify your state's current rules

State abortion laws change often through court rulings, new legislation, and ballot measures. The most reliable up-to-date sources are:

• Guttmacher Institute state policy tracker. Updated after every major change. Best for legal status, gestational limits, and exceptions.

• Center for Reproductive Rights "After Roe Fell" map. Updated quarterly. Best for understanding the legal-protection categories.

• KFF abortion dashboard. Best for the intersection of law, access, and ballot measures.

• AbortionFinder.org. Best for verified, state-by-state lists of clinics and telehealth options.

• State health department websites. Best for state-specific procedural details (waiting periods, parental involvement laws).

If you are making a time-sensitive decision, also call a clinic directly. Phone confirmation is the only way to know whether a service is actually available the day you need it, since hospital and clinic policies can be more restrictive than state law allows.