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

Protected

Maine

Abortion will remain legal in Maine. State law includes express protections for abortion and Maine has enacted few restrictions on abortion access.

State Legal Details

Bans in Effect

  • Gestational Ban, Viability

Restrictions in Effect

  • Parental Involvement, Parental Consent Requirement
  • TRAP requirements: Providers, Reporting Requirement

Restrictions

Maine law generally prohibits abortion after viability but, as of 2023, abortion care post-viability is allowed when a physician deems it necessary.1 The state generally requires that a parent, legal guardian,2 adult family member, 3 or judge4 consent to a minor’s abortion. However, providers can waive parental consent.5

Maine requires abortion providers to submit reports to the state.6 Providers who violate Maine’s abortion restrictions may face civil and criminal penalties.7

State Protections

Maine law includes express statutory protections for abortion8 and the state claims preemption of all laws regulating abortion rights.9 The state provides public funding for abortion and require private insurance coverage of abortion if maternity care is covered10 and prohibits cost-sharing requirements.11 While Maine restricts who can provide abortion care, the list of health-care practitioners is broader than simply physicians and includes some advanced practice clinicians (APCs).12 Maine law protects clinic safety and access by prohibiting interference.13 In 2022, the state enacted a law protecting clinic safety and access through the establishment of “medical safety zones” around clinic entrances.14

In April 2024 Maine enacted statutory protections shielding providers, patients, and people who help others access abortion from professional licensure consequences and the reach of out-of-state investigations and legal actions, regardless of the patient’s location.15 Maine allows anyone sued for providing, accessing, or helping someone access reproductive and gender affirming health care to file their own legal action for tortious interference with protected health care activity16 and prohibits courts from giving force or effect to foreign judgements in connection with hostile litigation where there is not personal jurisdiction, subject matter jurisdiction or provide due process of law. 17 These protections build on a law enacted in 2023  that prohibits malpractice insurers from taking adverse action against a health care provider.18

Post-Roe Prohibitions

Maine repealed its pre-Roe ban in 1979.19

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Maine. State law includes express protections for abortion and Maine has enacted few restrictions on abortion access.

  1. Me. Rev. Stat. Ann. tit. 22 u00a71598(1-B). ↩︎
  2. Id. u00a7 1597-A(2)(A). ↩︎
  3. Id. u00a7u00a7 1597-A(2), 1597-A(1). ↩︎
  4. Id. u00a7 1597-A(6). ↩︎
  5. Id. u00a7 1597-A(2)(B). ↩︎
  6. Id. u00a7 1596(2). ↩︎
  7. See, e.g., id. u00a7u00a7 1594, 1598. ↩︎
  8. Id. u00a7 1598(1). ↩︎
  9. Id. u00a71598(1-A). ↩︎
  10. Id. u00a7 3196; Me. Rev. Stat. Ann. tit. 24-A, u00a7 4320-M. ↩︎
  11. Me. Rev. Stat. Ann. tit. 24-A, u00a7 4320-M(2-A). ↩︎
  12. ME. REV. STAT. ANN. tit. 22, u00a7 1598(1). Law was amended to allow physician assistants and advanced practice nurses to also perform abortions. See u00a7 1596. ↩︎
  13. ME. REV. STAT. ANN. tit. 5, u00a7 4684-B. ↩︎
  14. Id. ↩︎
  15. L.D. 227, 131st Leg., 2nd Reg. Sess. (Me. 2024) (amending Me. Rev. Stat. Ann. tit. 14). ↩︎
  16. Id., to be codified at Me. Rev. Stat. Ann. tit. 14, u00a7 9003. ↩︎
  17. Id., to be codified at Me. Rev. Stat. Ann. tit. 14, u00a7 9004. ↩︎
  18. L.D. 616, 131st Leg., 1st Reg. Sess. (Ma. 2023), codified at Me. Rev. Stat. Ann. tit. 24-A, u00a7 2159-F. ↩︎
  19. 1979 Me. Laws 514 (repealing ME. REV. STAT. ANN. tit. 17, u00a7 51 (1979)). ↩︎