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After Roe Fell: U.S. Abortion Laws by State

Illegal

Alabama

 Alabama is enforcing its total abortion ban.

State Legal Details

Bans in Effect

  • Gestational Ban, 22-week LMP
  • Gestational Ban, Total Ban
  • Gestational Ban, Viability
  • Medication Abortion, Telemedicine Ban
  • Pre-Roe ban
  • Trigger Ban

Bans Enjoined

  • Method Ban

Restrictions in Effect

  • Biased Counseling Requirement
  • Fetal Personhood
  • Mandatory Ultrasound Requirement
  • Parental Involvement, Parental Consent Requirement
  • TRAP Requirements: Facilities, Facility Requirements
  • TRAP Requirements: Facilities, Regulation of Location
  • TRAP requirements: Providers, Reporting Requirement
  • Waiting Period Requirement

State Protections

Alabama law does not include express constitutional or statutory protections for abortion. To the contrary, state constitution declares that the state “acknowledges, declares, and affirms that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life.”1

In 2023, abortion providers sued the Attorney General of Alabama after he declared that it is a violation of state law to assist or facilitate abortion care outside of Alabama.2 In 2025, a federal judge granted the abortion providers’ motion for summary judgment stating, “At its core, this case is simply about whether a State may prevent people within its borders from going to another State, and from assisting others in going to another State, to engage in lawful conduct there. . . . The court now answers no, a State cannot.”3

Restrictions

On June 24, 2022, Alabama began enforcing its trigger ban,4 which prohibits abortion at  all stages of pregnancy5, following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization.6

Alabama has not repealed other laws relating to abortion. It retains gestational bans at twenty weeks post-fertilization and at viability.7 Alabama also retrains its pre-Roe ban.8 The state prohibits D&X procedures and D&E procedures.9 Alabama law still requires pregnant people to undergo a mandatory forty-eight-hour waiting period, biased counseling, and an ultrasound.10 Alabama prohibits public funding 11 and private insurance coverage of abortion.12 The state still requires that a parent, legal guardian, or judge consent to a minor’s abortion.13

Alabama retains targeted regulation of abortion providers (TRAP) laws relating to facilities,14 admitting privileges (although a federal court ruled that this provision was unconstitutional),15 and reporting.16 Alabama restricts the provision of abortion care to licensed physicians.17 Alabama does not include protections for clinic safety or access and restricts providers from using telemedicine for the provision of abortion care, including medication abortions.18 Providers who violate Alabama’s abortion restrictions may face civil and criminal penalties.19

Historical Restrictions

Alabama has not repealed any former restrictions.

Conclusion

Now that the Supreme Court has overturned Roe, Alabama is enforcing its total abortion ban.

  1. Ala. Const. art. I, § 36.06, Sanctity of Unborn Life. ↩︎
  2. Josh Moon, Alabama AG: state may prosecute those who assist in out-of-state abortions, Ala. Political Reporter (Sept. 15, 2022), https://www.alreporter.com/2022/09/15/alabama-ag-state-may-prosecute-those-who-assist-in-out-of-state-abortions/; Yellowhammer Fund v. Att’y Gen. of Ala., No. 2:23CV450-MHT (M.D. Ala. Jul. 31, 2023).a, No. 2:23CV450-MHT (M.D. Ala. May 6, 2024). ↩︎
  3. Yellowhammer Fund v. Att’y Gen. of Ala., No. 2:23CV450-MHT (M.D. Ala. Mar. 31, 2025). ↩︎
  4. Ala. Code § 26-23H-2. See also Robinson v. Marshall, 2022 WL 2314402 (M.D. Ala. Jun. 24, 2022) (order lifting preliminary injunction). ↩︎
  5. Ala. Code § 26-23H-4 (only allowing abortions to prevent a serious health risk to the pregnant person); see also Robinson v. Marshall, 2022 WL 2314402 (M.D. Ala. Jun. 24, 2022) (order lifting preliminary injunction). ↩︎
  6. Dobbs v. Jackson Women’s Health Org., 597 U.S. 215 (2022), rev’d Dobbs v. Jackson Women’s Health Org., 945 F.3d 265, 274 (5th Cir. 2019). ↩︎
  7. Ala. Code §§ 26-23B-5, 26-22-3. ↩︎
  8. Ala. Code § 13A-13-7. ↩︎
  9. Ala. Code §§ 26-23-3 (prohibiting partial birth abortions), 26-23G-3 (prohibiting dismemberment abortion). See also W. Ala. Women’s Ctr. v. Williamson, 900 F.3d 1310 (11th Cir. 2018), (permanently enjoining D&E ban) abrogated by Dobbs v. Jackson Women’s Health Org., 597 U.S. 215 (2022). ↩︎
  10. Ala. Code § 26-23A-4. ↩︎
  11. Ala. Admin. Code r. 560-X-6-.09(1). ↩︎
  12. Ala. Code § 26-23C-3. ↩︎
  13. Ala. Code § 26-21-3(a), (d). ↩︎
  14. Ala. Code § 26-23E-9; Ala. Admin. Code r. 420-5-1-.01. ↩︎
  15. Ala. Code § 26-23E-4(c), invalidated by Planned Parenthood Southeast., Inc. v. Strange, 172 F. Supp. 3d 1275, 1278 (M.D. Ala. 2016). ↩︎
  16. Ala. Code § 22-9A-13. ↩︎
  17. Ala. Code § 26-23A-7. ↩︎
  18. Ala. Code § 26-23E-7. ↩︎
  19. See, e.g., Ala. Code §§ 26-23A-9, 26-23H-6. ↩︎

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