Guide Rankings Law Updated June 20, 2026

Abortion Laws by State 2026

United States Supreme Court building in Washington D.C., site of the June 2022 Dobbs v. Jackson Women's Health Organization decision

Abortion Laws by State 2026

Ranking - Law

The Supreme Court's June 2022 Dobbs decision returned abortion regulation to the states. Within two years the legal landscape split sharply: 13 states enacted total bans, while 8 others placed no gestational limit on access.

Quick Answer

Abortion Laws by State 2026

  1. 1

    13 states ban abortion at fertilization in 2026: Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia. All activated their bans after the Supreme Court's Dobbs v. Jackson ruling in June 2022.

  2. 2

    8 states place no gestational limit on abortion: Alaska, Colorado, Maryland, Minnesota, New Jersey, New Mexico, Oregon, and Vermont. Several added state constitutional protections after Dobbs, including Maryland and Vermont.

  3. 3

    15 states allow abortion up to viability, typically 22 to 24 weeks. Missouri and Ohio moved from bans or near-total restrictions to viability access after ballot measures passed in 2024 and 2023 respectively.

Map

Abortion Laws by State 2026 — Gestational Limit Map

Legal Status
Legal - No Limit
Legal - Viability
Limited to 24-25 Weeks
Limited to 18-22 Weeks
Banned at 6-12 Weeks
Total Ban
13 states shown in dark burgundy have total abortion bans from fertilization. 8 states in dark blue allow abortion with no gestational limit. The remaining states range from viability access to 6-week restrictions.
Abortion Laws by State 2026 — Gestational Limit Map
Rank State Legal Status
1 Alaska Legal - No Limit
1 Colorado Legal - No Limit
1 Maryland Legal - No Limit
1 Minnesota Legal - No Limit
1 New Jersey Legal - No Limit
1 New Mexico Legal - No Limit
1 Oregon Legal - No Limit
1 Vermont Legal - No Limit
2 Arizona Legal - Viability
2 California Legal - Viability
2 Connecticut Legal - Viability
2 Delaware Legal - Viability
2 Hawaii Legal - Viability
2 Illinois Legal - Viability
2 Maine Legal - Viability
2 Michigan Legal - Viability
2 Missouri Legal - Viability
2 Montana Legal - Viability
2 New Hampshire Legal - Viability
2 Ohio Legal - Viability
2 Rhode Island Legal - Viability
2 Washington Legal - Viability
2 Wyoming Legal - Viability
3 Massachusetts Limited to 24-25 Weeks
3 Nevada Limited to 24-25 Weeks
3 New York Limited to 24-25 Weeks
3 Pennsylvania Limited to 24-25 Weeks
3 Virginia Limited to 24-25 Weeks
4 Kansas Limited to 18-22 Weeks
4 Utah Limited to 18-22 Weeks
4 Wisconsin Limited to 18-22 Weeks
5 Florida Banned at 6-12 Weeks
5 Georgia Banned at 6-12 Weeks
5 Iowa Banned at 6-12 Weeks
5 Nebraska Banned at 6-12 Weeks
5 North Carolina Banned at 6-12 Weeks
5 South Carolina Banned at 6-12 Weeks
6 Alabama Total Ban
6 Arkansas Total Ban
6 Idaho Total Ban
6 Indiana Total Ban
6 Kentucky Total Ban
6 Louisiana Total Ban
6 Mississippi Total Ban
6 North Dakota Total Ban
6 Oklahoma Total Ban
6 South Dakota Total Ban
6 Tennessee Total Ban
6 Texas Total Ban
6 West Virginia Total Ban

13 states shown in dark burgundy have total abortion bans from fertilization. 8 states in dark blue allow abortion with no gestational limit. The remaining states range from viability access to 6-week restrictions.

Abortion Laws by State 2026 Table

Legal Status

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States with Total Abortion Bans in 2026

United States Supreme Court building in Washington D.C., where the June 2022 Dobbs v. Jackson Women's Health Organization decision was issued
The Supreme Court's Dobbs decision in June 2022 overturned Roe v. Wade, returning abortion regulation to individual states. Within two months, 13 states had activated trigger laws banning abortion.

13 states ban abortion at fertilization as of 2026: Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia. All enacted or activated their bans following the Supreme Court's Dobbs v. Jackson Women's Health Organization ruling in June 2022.

100% of counties in each ban state have no in-state abortion provider, based on 2017 Guttmacher Institute data. Missouri had enforced a near-total ban after Dobbs; voters approved Amendment 3 in November 2024, establishing a state constitutional right to abortion up to viability and reversing the ban.

States with Gestational Limits of 6 to 22 Weeks

Kansas State Capitol building in Topeka, Kansas
Kansas voters rejected the Value Them Both Amendment in August 2022, preserving state constitutional abortion protections first recognized by the Kansas Supreme Court in 2019.

Six states restrict abortion before viability without total bans: Florida and Georgia at 6 weeks, Nebraska and North Carolina at 12 weeks, Utah at 18 weeks, and Kansas and Wisconsin at 22 weeks. Florida's 6-week restriction took effect May 1, 2024. North Carolina reduced its limit from 20 weeks to 12 weeks in July 2023.

Kansas voters rejected the Value Them Both Amendment in August 2022 with 59% voting against. The Kansas Supreme Court had recognized abortion as a fundamental state right in 2019. The legislature operates within that framework, holding the gestational limit at 22 weeks.

Quick Answers

Which states have banned abortion in 2026
13 states ban abortion at fertilization in 2026: Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia. All activated their bans after the Supreme Court's Dobbs v. Jackson decision in June 2022.
Is abortion legal in Texas in 2026
No. Texas bans abortion at fertilization under the Human Life Protection Act, which activated after Dobbs in June 2022. Texas also passed SB 8 (2021), which allows private civil lawsuits against providers. 100% of Texas counties have no in-state abortion provider.
What states have no gestational limit on abortion
8 states place no gestational limit on abortion in 2026: Alaska, Colorado, Maryland, Minnesota, New Jersey, New Mexico, Oregon, and Vermont. Maryland and Vermont have added state constitutional abortion protections since Dobbs.
How many weeks is abortion legal in Florida
Florida restricts abortion at 6 weeks under SB 300 (2023), which took effect May 1, 2024. The 6-week limit is measured from detection of cardiac activity. A prior 15-week restriction (HB 5, 2022) had been in effect from July 2022 through April 2024.
What is the abortion limit in New York
New York allows abortion up to 24 weeks under the Reproductive Health Act (2019). After 24 weeks, abortion is permitted when the fetus is not viable or to protect the patient's life or health. No mandatory waiting period applies.
What does legal to viability mean for abortion limits
Viability is the point at which a fetus can survive outside the womb with medical support, typically between 22 and 24 weeks of pregnancy. 15 states use viability as their on-demand gestational limit: Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Michigan, Missouri, Montana, New Hampshire, Ohio, Rhode Island, Washington, and Wyoming.

Methodology

Gestational limits and procedural requirements reflect effective state law as of June 2026, including constitutional amendments, court rulings, and enacted legislation. Laws in several states remain subject to active litigation and may change after this publication. Provider data (percentage of counties without a provider) is from 2017 Guttmacher Institute data and predates many post-Dobbs legal changes. Viability is not a fixed gestational age; it varies by pregnancy and ranges approximately from 22 to 24 weeks.

Sources

Information is cross-referenced with official state archives.
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