Legislative Blog
J.B. Williams, J.D.
Abortion in 2025
A Blog about Abortion
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Other and more specifically Abortion as it relates to that topic.
Brief Summary of Other
Topics here may be related to legal matters but not innately legal. For instance, discussing grocery plastic bags versus cotton cloth bags. The item itself is not legal but many city governments have placed it into legislation.
Summary of Abortion
This topic is getting a lot of press again right now. It is always bubbling in the background, and now it seems to be at a boil. My opinion has always been that this is not a right protected under the constitution - that is there is no right to an abortion. I feel much the same about the claim of right to healthcare. You do not have the right to force someone else to provide these things to you. That being said, I also feel that you should not be required to continue a pregnancy that was a mistake - either contraceptive failure or assault. But I also feel that you need to be a responsible adult, and at a point there is a life inside of you that is owed protections as well. Since I do not think it is a Constitutional right, I have always felt state legislatures should be the ones making the laws. And they should be responding to their constituents when doing so.
Blog Summary
A brief summary for each state, and a summary of this information.Abortion in 2025
Published: 2025-01-30
First let's review a little. In Roe v Wade the Supreme Court decided to make legislation from the bench and set out the following rules:
- Legal in first trimester
- Legal in 2nd trimester for protecting health of mother there may be regulations
- Illegal in 3rd trimester except to protect mother's life or health
Next the Supreme Court modified the law made in Roe V Wade. This was done in Planned Parenthood v Casey, and the following became the new abortion law:
- Legal through fetal viability. States could regulate but not place undue burdens
- Thereafter limited as in Roe v Wade
Just some basic information I pulled from searching on the internet: there are 27 weeks in first 2 trimesters; and 22 weeks is considered viable but this is truly dependent on multiple other factors. This will help in placing the laws of the 50 states. To be fair, I didn't spend time reading the laws in each jurisdiction. I did go to findlaw.com to read their summary and their information that detailed the laws and provided specific statutes or additional information for reference. The following is a short summary of the states:
- 1 permitted as did Roe
- 8 permitted similarly to Planned Parenthood but codified the weeks
- 13 permitted as did Planned Parenthood
- 1 shorted Planned Parenthood's current viability by codified 18 weeks
- 2 codified as to first trimester, similar to a Roe for trimesters
- 8 always legal
- 5 legal through fetal heartbeat
- 12 limited to life or serious health issue for mother
6 expanded beyond the viability a bit, depending on how viability is viewed. I know at the time of Planned Parenthood it was seen as substantially shorter than the end of the 2nd trimester; and it was believed it would continue to shorten additionally based upon medical practices at that time. 8 went full out always legal. 16 hung pretty much at the existing law prior to it being overturned, and decisions returned to states. 3 shortened the weeks perhaps viewing viability differently. 5 substantially shortened the time to just 6 weeks. 12 drew a no, but provided for limited exceptions.
Some of these matters have been placed on a ballot and voted on by those residing in the state. Agree or disagree with the outcome but a majority of the voters wanted the law that exists. Some matters have been, or are being, litigated. Some are modifications of what was law prior to Roe v Wade. And while some are more expansive or less expansive than Planned Parenthood, they are not currently being challenged in court. Perhaps the people of those jurisdictions agree with the laws as written. Since it is just over 2 years since Roe v Wade (really Planned Parenthood) being overturned, I imagine that there will continue to be challenges and changes in state laws. Thankfully it is being passed to states rather than held at the federal level by a judicial ruling that should never have happened. The judges made law from the bench, and that should never happen. They are quite able to say that no legislation exists that covers the issue. But this was and should be an issue for the states to decide with their voters. There are a great many other items the federal government should not be involved in, but this was one the federal legislature steered clear of.
Alabama
- Banned unless serious health risk to the pregnant women to preserve life of the pregnant woman or avert risk of substantial physical impairment of a major bodily function
Alaska
- abortion is legal in all stages of pregnancy
- ban on partial birth abortion unless its necessary to save the life of the mother
Arizona
- state constitutional right to access abortion care
- prior to fetal viability - to preserve life or physical or mental health of mother based upon good faith judgement of treating health care professional
Arkansas
- Banned unless necessary to save the pregnant woman's life
California
- Legal up to fetal viability
- thereafter only if the continuation of the pregnancy poses risk to pregnant person's life or health
Colorado
- Legal in all stages of pregnancy
-
Only limits are on minors and use of public funds
- Minors parental notification necessary unless child abuse or neglect
- No use of public funds unless rape or incest
Connecticut
- Legal up to fetal viability
- thereafter only if the continuation of the pregnancy poses risk to pregnant person's life or health
- No waiting period and no parental notification. Public funds may be used
Delaware
- Legal through fetal viability
- thereafter only to save life of mother or if fetus is not able to live outside womb without extraordinary efforts
Florida
- Legal until fetus is 6 weeks
- thereafter only legal to save pregnant woman's life or avert serious risk of substantial and irreversible physical impairment of major bodily function
- legal in reported cases of rape, incest, or human trafficking up to 15 weeks
- legal if fetus has fatal fetal abnormality and pregnancy not in third trimester
Georgia
- Legal up to fetal heartbeat (about 6 weeks)
- Legal to prevent death or substantial and irreversible physical impairment of major bodily function of pregnant woman
- legal if the result of rape or incest, police report filed, and probably gestation is 20 weeks or less
- if fetus has profound and irremediable congenital or chromosomal anomaly that is incompatible with life after birth
Hawaii
- Legal until fetal viability
- thereafter only if necessary to protect life or health of pregnant person
Idaho
- Not legal unless necessary to save the life of mother
- Exceptions for rape or incest that is reported
Illinois
- Legal through fetal viability
- thereafter only if necessary to protect life or health of patient
Indiana
- Illegal unless lethal fetal anomaly, rape or incest, or save woman's life or prevent serious health risk
Iowa
- Legal up to fetal heartbeat (6 weeks)
- thereafter medical emergencies, rape or incest with reporting, and some cases of fetal abnormality incompatible with life
Kansas
- Legal through 22 weeks gestation
- thereafter only to preserve life of pregnant woman or prevent a substantial and irreversible physical impairment of a major bodily function
Kentucky
- Illegal except to save the life of the mother
Louisiana
- Illegal except to save the life of mother or prevent serious impairment of a life-sustaining organ; unborn child is medically futile; prevent or remove an ectopic pregnancy
Maine
- Legal until fetal viability
- thereafter only if medically necessary
Maryland
- Legal until fetal viability
- thereafter only to protect the life or health of pregnant woman
Massachusetts
- Legal through 24 weeks gestation
- thereafter only to preserve patient's life; preserve patient's physical or mental health; due to lethal fetal anomaly or diagnosis; finding of grave fetal diagnosis that would require extraordinary medical interventions
Michigan
- Legal through fetal viability
- Legal to preserve life or health of pregnant individual
Minnesota
- Legal through all stages of pregnancy
Mississippi
- Illegal unless life of mother at risk or result of rape or incest
Missouri
- Was illegal except in medical emergency
- Ballot measure approved to provide constitutional right to abortion up to viability (24 weeks)
Montana
- Legal until fetal viability
- thereafter, only in medical emergency to prevent serious physical health risk
Nebraska
- Legal until 12th week of pregnancy
- thereafter in medical emergency or when pregnancy is result of sexual assault or incest
Nevada
- Legal through 24 weeks
- thereafter only if necessary to preserve life or health of mother
New Hampshire
- Legal through 24 weeks
- thereafter only in medical emergency or fetal abnormality incompatible with life
New Jersey
- Legal through all stages of pregnancy
New Mexico
- Legal through all stages of pregnancy
New York
- Legal through 24 weeks
- thereafter when fetus is not viable or necessary to protect the patient's life or health
North Carolina
- Legal through 12 weeks
- For cases of rape or incest, legal through 20 weeks
- If life-limiting anomaly, then through 24 weeks
- Thereafter only in medical emergencies
North Dakota
- Currently illegal except to prevent death or serious health risk to pregnant person; if pregnancy caused by gross sexual imposition, sexual imposition, sexual abuse of ward, or incest and gestation is 6 weeks or less
- Currently under challenge
Ohio
- Legal until fetal viability
- thereafter to protect the life or health of pregnant patient
Oklahoma
- Illegal unless necessary to save life of pregnant woman
Oregon
- Legal in all stages of pregnancy
Pennsylvania
- Legal through the first 23 weeks
- thereafter only if necessary to prevent the death of the pregnant woman or substantial and irreversible impairment of a major bodily function
Rhode Island
- Legal until fetal viability
- thereafter only if necessary to preserve the health or life of the pregnant patient
South Carolina
- Legal until detection of fetal heartbeat (6 weeks)
- Exceptions for rape, incest, medical emergencies or fatal fetal anomalies in the first 12 weeks
South Dakota
- Illegal unless necessary to save the life of the pregnant female
Tennessee
- Illegal unless necessary to prevent the death or serious risk of substantial physical harm to the pregnant person
Texas
- Legal until detection of fetal heartbeat (6 weeks)
- thereafter only as necessary to prevent the death or serious risk of substantial physical harm to the pregnant person
Utah
- Legal until the 18th week of gestation to prevent the mother's death or substantial physical impairment; in rape or incest reported; certified cases of fetal defect imcompatiable with life
- All others are illegal
Vermont
- Legal at all stages of pregnancy
Virginia
- Legal through the second trimester
- thereafter only where 3 physicians certify that the continuation of the pregnancy will result in the death of the pregnant woman or will substantially and irremediably impair the mental or physical health of the pregnant woman
Washington
- Legal until fetal viability
- thereafter, only if necessary to protect the pregnant individual's life or health
- No waiting period, no parental consent. Permits the use of public funds
West Virginia
- Illegal except for medical emergencies, fetus not compatible with life, or ectopic pregnancy.
- Legal through the 8th week for sexual assault
Wisconsin
- Legal through the 20th week gestation
- thereafter, only if necessary due to medical emergency to avert patient's death or a substantial and irreversible impairment of bodily function
Wyoming
- Legal as any statute is currently blocked during legal challenges
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