By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed March 21, 2024
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Abortion is legal in Pennsylvania through the first 23 weeks of pregnancy. Thereafter, abortion is legal only if necessary to prevent the death of the pregnant woman or substantial and irreversible impairment of a major bodily function of the pregnant woman.
Pennsylvania's abortion laws played a key role in the development of abortion caselaw at the U.S. Supreme Court. Most Americans have heard of Roe v. Wade, the 1973 decision whereby the Court declared a constitutional right to abortion for the first time.
In 1992, the Supreme Court heard a legal challenge to Pennsylvania's Abortion Control Act. The act was an attempt by a state to limit abortion rights after Roe.
In Planned Parenthood v. Casey, the Court upheld the basic right to abortion in a plurality decision, abandoning Roe's trimester formula and setting a viability standard instead. The Court concluded that a state regulation could not place an undue burden on a woman's right to choose abortion before viability.
It upheld regulations such as a waiting period, informed consent, and parental consent. The decision overturned a spousal notice provision as failing the undue burden standard.
In June 2022, the U.S. Supreme Court overruled both Roe and Casey in Dobbs v. Jackson Women's Health Organization. The Court ended any federal right to abortion. This returned to the states the power to regulate, and even prohibit, abortion.
Abortion remains legal in Pennsylvania through the first 23 weeks of pregnancy. This time frame aligns with the period that the fetus reaches viability, having the potential to survive outside the uterus. In light of Dobbs, the state attorney general's office provides updated information on the legality of abortion services, including a frequently asked questions (FAQ) link.
Pennsylvania law provides several regulations on the provision of abortion services, including:
The future of abortion law in Pennsylvania will depend on statewide elections. Current Governor Josh Shapiro and Attorney General Michelle Henry are both members of the Democratic Party and support reproductive rights.
The Governor's office launched a state website clarifying reproductive healthcare services available in Pennsylvania. He has also maintained an executive order from his predecessor that pledged non-cooperation with states that would prosecute their residents who travel to Pennsylvania for reproductive health care.
The state legislature is divided. As of early 2024, Republicans control the State Senate while Democrats control the State House. This prevents both abortion rights supporters and opponents from passing new laws.
The table below sets forth key provisions of the abortion laws in the Commonwealth of Pennsylvania. See Abortion Laws and Abortion Rights FAQ to learn more.
Relevant Pennsylvania Abortion Statutes (Laws) |
Pennsylvania Constitution, Article 1
Pennsylvania Statutes, Title 18, Crimes and Offenses, Part II, Article B, Chapter 32, Abortion
*This law was invalidated by Casey. Its legal status may be disputed after Dobbs. |
|---|---|
When Is Abortion Legal? |
Abortion is legal in Pennsylvania through the first 23 weeks of pregnancy. Thereafter, abortion is legal only if necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the pregnant woman. |
Consent Requirements |
Adult: Except in cases of medical emergency, a pregnant person must give voluntary and informed consent to the abortion. She must meet with the physician at least 24 hours before the procedure. She must receive information on the nature of the procedure, risks associated with it and any alternative options, the gestational age of the fetus, medical benefits and other financial support available for carrying the pregnancy to term, and access to printed materials. Minor: Except in the case of a medical emergency, when a pregnant woman is under 18 years of age, the abortion provider must obtain both the consent of the patient and that of a parent or legal guardian. Parental consent may be waived through use of the judicial bypass process. Married: If a pregnant woman is married, she must provide a signed statement that she has notified her spouse of the abortion.* *This law was invalidated by Casey. Its legal status may be disputed after Dobbs. |
Availability of Medication Abortion? |
Yes. Medication abortion is currently available in Pennsylvania.
|
Residency Requirements |
None. Out-of-state residents can obtain abortion care in Pennsylvania. |
Criminal Penalties for Unlawful Abortion |
Note: Physicians can also face charges of unprofessional conduct before their state board for violations of state abortion regulations. This can result in suspension of their professional license. |
Physician Licensing Requirements |
Only a licensed physician (M.D. or D.O.) can perform or provide abortion services in Pennsylvania. Other than cases involving a medical emergency, abortions occurring at 24 weeks or later must occur in a hospital with a second physician who concurs with the judgment and is available to aid the fetus (if appropriate). |
Note: State laws are constantly changing -- please contact a Pennsylvania family law attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
Pennsylvania is similar to the majority of states that permit abortion until fetal viability. However, the state has several more restrictive regulations than nearby states like New York and New Jersey. With a divided legislature, political consensus does not exist to update or reform abortion law at present.
In sharp contrast to Pennsylvania, neighboring West Virginia and 13 other states have near-total bans on abortion. Two other states ban abortion at about six weeks.
Medication abortion is currently available in Pennsylvania. Due to ongoing court challenges to one of the two drugs used in medication abortions, the state attorney general provides up-to-date information on its website.
A recent study showed that medication abortions account for some 63% of all abortions in the U.S. in 2023. The common two-drug regimen of abortion pills received approval from the Food and Drug Administration (FDA) in 2000.
The current legal challenge is focused on decisions by the FDA in 2016 and 2021 to amend its rules for prescribing and distributing the pills. A federal court injunction from Texas is now on hold. The U.S. Supreme Court is expected to decide the matter in 2024.
A decades-old law in Pennsylvania prohibits the use of state Medicaid insurance funds for abortion services, except in cases of rape, incest, or to preserve the life of the pregnant woman. This is consistent with federal law.
The Medicaid program is a cooperative venture by federal and state governments to provide medical benefits to low-income persons. Some states use their funds to cover abortion care where the use of federal funds would be prohibited. Pennsylvania law prevents that at the current time.
Abortion providers filed a suit claiming that the ban on Medicaid funds for elective abortions violates the state constitution's guarantee of equal rights and equal protection of the law. They claim it discriminates against poor women.
In January 2024, the state supreme court agreed that the lower court must hear the case.
Following changes in state abortion laws can be challenging for the non-lawyer. If you have questions about the law or believe your rights have been violated, you should seek legal advice. You can contact a qualified Pennsylvania family law attorney for guidance and, if necessary, representation.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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