Late-Term Abortion Laws in The United States
A late-term abortion is an abortion at or after five months (20 weeks) of pregnancy, through the third trimester and up to birth. Since Dobbs v. Jackson overturned Roe v. Wade in 2022, each state sets its own abortion law. Sadly, many states have passed laws allowing abortion late into pregnancy, when a baby is capable of living outside the womb and can feel pain. Infants have been born at 21 weeks and survived! Still, these states allow abortion up to the moment of birth, even allowing partial birth abortion, which is considered infanticide.
Where is Late Term Abortion Legal?
As of 2026, ten states and Washington, D.C. place no gestational limit on abortion, allowing it through all nine months of pregnancy. Many more allow abortion up to “viability” (around 20 weeks) with health “exceptions” to protect the life of the mother. Alaska, Colorado, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Vermont, and the District of Columbia allow abortion at any point in pregnancy. New Mexico is home to a clinic that performs surgical abortions past 32 weeks, and the state does not license or inspect abortion businesses. You can find more details on where your state stands on abortion in AUL’s State Spotlight.
A Late Term Abortion Crisis
This is a crisis: late-term abortions are brutal for both mother and child. Research shows that the death rate among women undergoing late-term abortions is nearly ten times the rate for abortions overall. Meanwhile, women facing unexpected pregnancies continue to experience pressure, fear, and coercion.
Help end late-term abortion in your state
Let Your Voice Be Heard
Late-term abortion laws are being written and rewritten in state capitols right now. Find out how your state protects preborn children, then join AUL’s active campaigns, including efforts in Massachusetts and Virginia. Your legislators are notified the moment you submit, and most campaigns take about two minutes.
Your Gift Helps Fight Late-Term Abortion
Across America, unborn children remain vulnerable to abortion late in pregnancy. AUL is working to advance laws that protect these children and support mothers facing difficult circumstances.
Your gift keeps that legal work moving in every state where children are still unprotected.
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