Is abortion still legal in Florida?
Yes.Until July 1, Floridians seeking an abortion can obtain one within 24 weeks of pregnancy. Then, a new law will go into effect banning the procedure after 15 weeks. Unlike some states — including Arkansas, Mississippi and Texas — Florida doesn’t have a so-called trigger law on the books that would ban abortion almost immediately after Roe v. Wade is overturned.
But unlike at least 18 other states, Florida has not kept any abortion bans on the books from before the landmark ruling or passed any so-called “trigger” laws that would ban abortion outright the moment Roe v. Wade was overturned.
IMPEDIMENTS TO ABORTION ACCESS Florida has made abortions more difficult to access in recent years.
Among the steps taken: ▪ The 15-week ban DeSantis signed this year. Florida previously allowed abortions until about 24 weeks.
The 15-week law contains Florida’s strictest abortion prohibitions since the Roe v. Wade decision in 1973, with no exceptions for pregnancies that are the result of rape, incest or human trafficking. Under the law, people can still obtain an abortion if their health is threatened or if their baby has a “fatal fetal abnormality.” ▪
The state passed a law in 2020 requiring minors seeking abortions to obtain parental consent. Florida law had already required that parents or guardians be notified if a minor gets an abortion, with the option for minors to obtain a judicial waiver to bypass that requirement. ▪ In April, a Florida judge upheld legislation that requires people to wait 24 hours after an initial doctor visit before they can get an abortion. The ruling followed a seven-year legal battle.
