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

Illegal

Indiana

Indiana is enforcing a total abortion ban with very narrow exceptions.

State Legal Details

Bans in Effect

  • Gestational Ban, 22-week LMP
  • Gestational Ban, Total Ban
  • Medication Abortion, Telemedicine Ban
  • Method Ban
  • Reason Ban

Restrictions in Effect

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

State Protections

Indiana law does not protect the right to abortion1 and instead permits abortion only in limited circumstances: to prevent the pregnant person’s death or a serious risk to their health,2 in cases of lethal fetal anomaly,3 or when the pregnancy is a result of rape or incest and the abortion occurs within the first ten weeks post-fertilization4.

Restrictions

Following the U.S. Supreme Court’s decision to overturn Roe v. Wade in the case Dobbs v. Jackson Women’s Health Organization,5 Indiana enacted a near-total abortion ban with very limited exceptions.6 Although Indiana’s abortion ban is in effect, enforcement remains partially limited due to pending litigation, including a class‑action challenge under the state’s Religious Freedom Restoration Act.7 A group of Hoosiers sued the state, arguing that the total abortion ban violated their sincerely held religious beliefs, and on March 5, 2026, the court granted a permanent injunction preventing enforcement of the ban against plaintiffs and certified class when doing so would conflict with their religious beliefs.8 However, Indiana’s Attorney General appealed the decision the next day.9

Indiana has not repealed other laws related to abortion. Indiana law continues to prohibit abortion at “the earlier of viability . . . or twenty weeks post-fertilization” and only allows abortion within that time if in the medical judgment of the pregnant person’s physician the abortion is necessary to “prevent any serious health risk” to the pregnant person or save the pregnant person’s life; or “the fetus is diagnosed with a lethal fetal anomaly[.]”10 State law prohibits D&X procedures unless necessary to save the pregnant person’s life and no other medical procedure is sufficient,11 and restricts D&E procedures unless necessary to prevent a serious health risk to the pregnant person or to save the person’s life.12 Indiana law bans abortions sought for reasons of sex, disability, race, color, national origin, or ancestry of the fetus.13

Before obtaining an abortion, Indiana law generally requires that a pregnant person receive an ultrasound;14 complete an 18-hour mandatory waiting period following biased counseling15; and provide written consent to the physician performing the abortion.16 Indiana law also restricts public funding, and private insurance coverage.17 Indiana continues to require that a parent, legal guardian, or judge consent to a minor’s abortion.18

Indiana retains targeted regulation of abortion providers (TRAP) laws relating to facilities,19 admitting privileges,20 and reporting.21 Indiana law restricts the provision of abortion care to licensed physicians22and prohibits providers from using telemedicine for the provision of abortion care.23 Providers who violate Indiana’s abortion restrictions may face civil and criminal penalties.24

Post-Roe Prohibitions

The state repealed two pre-Roe bans in 1977.25

Conclusion

Now that the Supreme Court has overturned Roe, Indiana law prohibits abortion, with narrow exceptions for rape or incest, lethal fetal anomalies, or to prevent the death of the pregnant person or serious risk to their health.

  1. In 2023, the Indiana Supreme Court upheld the state’s abortion ban, affirming that the law “generally permits the General Assembly to prohibit abortions which are unnecessary to protect a woman’s life or health.” See Members of the Med. Licensing Bd. of Ind. v. Planned Parenthood N.W. Haw., Alaska, Ind., Ky., No. 22S-PL-338, at 41 (Ind. Sup. Ct., Jun. 30, 2023). ↩︎
  2. Ind. Code Ann. § 16-34-2-1(a)(1)(A)(i). ↩︎
  3. Ind. Code Ann. § 16-34-2-1(a)(1)(A)(ii). ↩︎
  4. Ind. Code Ann. § 16-34-2-1(a)(2)(A). ↩︎
  5. 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). ↩︎
  6. See Ind. Code Ann. § 16-34-2-1.  Although this ban was enjoined in 2022, the Indiana Supreme Court vacated the injunction on June 30, 2023, allowing the ban to take effect. See Planned Parenthood N.W. Haw., Alaska, Ind., Ky. v. Members of the Med. Licensing Bd. of Ind., No. 53C06-2208-PL-001756 (Monroe Cnty. Cir. Ct., Sep. 22, 2022); Members of the Med. Licensing Bd. of Ind. v. Planned Parenthood N.W. Haw., Alaska, Ind., Ky., No. 22S-PL-338 (Ind. Sup. Ct., Jun. 30, 2023); affirmed by Planned Parenthood N.W. Haw., Alaska, Ind., Ky. v. Members of the Med. Licensing Bd. of Ind., No. 24A-PL-2467 (Ind. Ct. App., Aug. 11, 2025). ↩︎
  7. A group of Indiana residents challenged the near-total abortion ban, alleging it violates state law by burdening “sincere religious beliefs that direct them to obtain an abortion under circumstances prohibited” by the ban. See Anonymous Plaintiff 1, et al. v. Individual Members of the Medical Licensing Board, et al., 49D01-2209-PL-031056, 22A-PL-02938 (Marion Cnty. Sup. Ct, filed Sep. 8, 2022). The trial court issued a preliminary injunction barring enforcement of the law against the plaintiffs and certified a class consisting of “[a]ll persons in Indiana whose religious beliefs direct them to obtain abortions.” See Anonymous Plaintiff 1, et al., 49D01-2209-PL-031056 (Marion Cnty. Sup. Ct. Dec. 2, 2022). On appeal, the Indiana Court of Appeals upheld both the class certification and the preliminary injunction, but remanded the case for entry of a more narrowly tailored injunction. Anonymous Plaintiff 1, et al., 22A-PL-2938 (Ind. Ct. App., Apr. 4, 2024). The Indiana Supreme Court has allowed the injunction and the class action to remain in place while the case proceeds. See Individual Members of the Medical Licensing Board of Indiana, et al. v. Anonymous Plaintiff 1, et al., 22A-PL-2938 (Ind. Dec. 10, 2024). ↩︎
  8. See Order on Cross-Motions for Summary Judgment, Anonymous Plaintiff 1, et. al, v. Individual Members of the Medical Licensing Board, et al, No. 49D01-2209-PL-031056 (Marion Cnty. Sup. Ct. Mar. 5, 2026). ↩︎
  9. Niki Kelly, Indiana Attorney General’s Office appeals religious freedom ruling on state abortion ban, Indiana Capital Chronicle (Mar. 6, 2026), https://indianacapitalchronicle.com/briefs/indiana-attorney-generals-office-appeals-religious-freedom-ruling-on-state-abortion-ban/. ↩︎
  10. Ind. Code Ann. § 16-34-2-1(a)(1). ↩︎
  11. Ind. Code Ann. § 16-34-2-1(b). ↩︎
  12. Ind. Code Ann. § 16-34-2-1(c). ↩︎
  13. See Ind. Code Ann. §§ 16-34-4-1 through 16-34-4-9; see Planned Parenthood of Ind. & Ky., Inc.v. Comm’r, No. 1:16-cv-00763-TWP-DML (S.D. Ind. July, 18, 2022). ↩︎
  14. Ind. Code Ann. § 16-34-2-1.1(a)(5). ↩︎
  15. Ind. Code Ann. § 16-34-2-1.1(a)(1). ↩︎
  16. Ind. Code Ann. § 16-34-2-1.1(a)(2)–(3). ↩︎
  17. 405 Ind. Admin. Code 5-28-7; Ind. Code Ann. §§ 16-34-1-8, 27-8-13.4-2, 27-13-7-7.5. ↩︎
  18. Ind. Code Ann. §§ 16-34-2-4(b), (d). ↩︎
  19. Ind. Code Ann. § 16-34-2-1(a)(1)(B). ↩︎
  20. Ind. Code Ann. § 16-34-2-4.5. ↩︎
  21. Ind. Code Ann. §§ 16-34-2-5, 16-34-2-1.1(d). ↩︎
  22. Ind. Code Ann. § 16-34-2-4.5; Ind. Code Ann. § 16-34-2-1; see Whole Women’s Health Alliance v. Rokita, 13 F.4th 595 (7th Cir. 2021) (staying the lower court’s injunction that enjoined the physicians only requirement and telemedicine ban and allowing both restrictions to remain in effect). ↩︎
  23. Ind. Code Ann. § 16-34-2-1(d). ↩︎
  24. Ind. Code Ann. § 16-34-2-1(a). ↩︎
  25. Ind. Code Ann. §§ 35-1-58-1, 35-1-58-2 repealed by 1977 Ind. Acts 1524. ↩︎