10 States With the Strictest Abortion Laws After Roe v. Wade Was Overturned

By: Lena Thaywick  | 
Legal abortion is not available in every state, putting many women in complicated scenarios. PR Image Factory / Shutterstock

In the aftermath of the U.S. Supreme Court's decision that overturned Roe v. Wade, the legal status of abortion shifted to individual states. That change sparked a wave of new policies aimed at restricting access to abortion services.

The states with the strictest abortion laws have implemented bans, limits, and legal hurdles that drastically reshape reproductive health care in the United States.

Advertisement

1. Texas

Texas bans abortion from the moment of fertilization, except in limited cases to save the pregnant woman's life or prevent serious physical health risks.

After the Supreme Court overturned Roe, Texas enacted a trigger law banning nearly all abortion procedures.

Advertisement

Private citizens can sue abortion providers under Senate Bill 8, a policy that has created legal uncertainty and encouraged private enforcement.

2. Oklahoma

Oklahoma enforces a total abortion ban with very few exceptions. The state's abortion ban begins at fertilization and makes no allowances for rape or incest.

The state constitution does not protect abortion rights, and new state legislation has further criminalized abortion care. Medication abortion is also heavily restricted.

Advertisement

3. Alabama

Alabama’s abortion laws are among the most severe. Abortion is only legal when necessary to prevent a pregnant woman’s death, to preserve her health, or in cases of a lethal fetal anomaly.

All other abortion procedures are banned, and abortion providers can face up to 99 years in prison.

Advertisement

The state legislature continues to promote policies to restrict abortion access and eliminate reproductive rights.

4. Missouri

Missouri’s trigger law went into effect immediately after the U.S. Supreme Court overturned Roe v. Wade. The law bans abortion at any point during pregnancy, with an exception only for medical emergencies.

Missouri restricts abortion coverage in private health insurance plans and its state Medicaid program. Although Missouri’s state constitution now protects the right to abortion under a 2024 amendment, the legal and practical status of abortion access in the state remains in flux.

Advertisement

5. South Dakota

In South Dakota, a total abortion ban is enforced under a trigger law passed before Roe v. Wade was overturned. The law includes no exceptions for rape or incest and only allows abortion when the pregnant woman's life is in danger.

Advertisement

6. West Virginia

West Virginia passed legislation banning abortion in nearly all circumstances, with narrow exceptions for rape, incest, or medical emergencies. Abortion providers face criminal penalties, and state legislators have moved to codify abortion restrictions despite legal challenges.

Advertisement

7. North Dakota

North Dakota enacted a total abortion ban in 2023 (with only very limited exceptions) after its previous ban was blocked by the courts. The state’s law includes narrow medical exceptions and is one of the strictest in the country.

The state constitution does not protect abortion rights, and access to abortion services is virtually nonexistent.

Advertisement

8. South Carolina

The South Carolina Supreme Court initially blocked a six-week abortion ban but later upheld a revised version in 2023.

The current law restricts abortion after six weeks of pregnancy, a point when many pregnant people are unaware of their condition. The law lacks clear protection for the right to abortion in the state constitution.

Advertisement

9. Georgia

Georgia enforces a six-week abortion ban based on gestational age. Exceptions exist for medical emergencies and certain circumstances such as rape or incest with a police report.

The Georgia Supreme Court is reviewing a lower court decision on whether the law violates state constitutional rights. Abortion coverage remains restricted in public and private health insurance.

Advertisement

10. Indiana

Indiana’s near-total abortion ban was upheld by the Indiana Supreme Court. Abortion is now prohibited in nearly all cases, with exceptions for rape or incest (up to 10 weeks post-fertilization), to protect the mother’s life or health, and if the fetus has a lethal anomaly.

The law also limits medication abortion and has forced most abortion providers in the state to shut down or stop offering abortion procedures.

Trends Across States

Many of these states have passed constitutional amendments or state legislation to restrict abortion rights or remove legal protections. Trigger laws and near total abortion bans have redefined what abortion access looks like across the country.

Even in cases where abortion is legal, strict limitations on weeks of pregnancy, waiting periods, and self-managed abortion make it difficult for people of reproductive age to access care.

Some states also limit abortion coverage in private health insurance plans and state Medicaid programs. Others ban specific abortion procedures or restrict access to abortion pills.

The result is a patchwork of policies that force patients to travel across state lines, delay care, or pursue potentially unsafe options.

The legal landscape continues to evolve, with ongoing cases before state supreme courts in Iowa, Indiana, Georgia, and elsewhere.

Some states are working to enshrine abortion rights through proposed constitutional amendments or protective legislation. Others aim to expand abortion bans further, including efforts to criminalize those who help pregnant people access abortion services.

We created this article in conjunction with AI technology, then made sure it was fact-checked and edited by a HowStuffWorks editor.

Advertisement

Loading...