Abortion is currently legal in many U.S. states, with varying limits mostly based on fetal viability or a set number of weeks into pregnancy. Here is an overview of states where abortion is broadly legal, often protected by state law or constitution:
- States where abortion is legal up to fetal viability (around 24 weeks) or later if medically necessary include California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, and Pennsylvania
- States where abortion is legal with no specific gestational limit, often protected by state constitutional rights, include Alaska, Colorado, Maryland, Michigan, Minnesota, and New Jersey
- Some states have recently enshrined abortion rights in their constitutions or passed laws protecting abortion access, such as Michigan (2022 constitutional amendment), Colorado (Reproductive Health Equity Act 2022), and Minnesota (2023 statute)
- Other states where abortion remains legal but with some restrictions or ongoing legal challenges include Missouri, which legalized abortion up to fetal viability following a 2024 constitutional amendment after a prior near-total ban, and Nevada, where abortion is legal up to 24 weeks with a ballot initiative to protect abortion rights in the state constitution forthcoming
In contrast, 19 states have banned or severely restricted abortion, often banning it in almost all circumstances except limited exceptions
. In summary, abortion is legal and protected in roughly 21 states plus the District of Columbia, with protections varying from broad constitutional rights to limits around fetal viability or 24 weeks. The legal landscape continues to evolve with recent ballot measures and court cases affecting access