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

Protected

Maine

Abortion will remain legal in Maine. State law protects the right to personal reproductive decisions. In April 2024, Maine further strengthened protections for reproductive and gender-affirming health care.

State Legal Details

Bans in Effect

  • Gestational Ban, Viability

Restrictions in Effect

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

State Protections

Maine law includes express statutory protections for abortion1 and the state claims preemption of all laws regulating abortion rights.2 The state provides public funding for abortion and require private insurance coverage of abortion if maternity care is covered3 and prohibits cost-sharing requirements.4 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).5 Maine law protects clinic safety and access by prohibiting interference and through the establishment of “medical safety zones” around clinic entrances.6

In July 2022, the Maine governor issued an executive order prohibiting executive branch cooperation with out-of-state investigations and legal actions arising from the lawful provision of abortion in Maine.7 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.8 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 activity9 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 where they do not provide due process of law. 10 These protections build on a law enacted in 2023  that prohibits malpractice insurers from taking adverse action against a health care provider.11

Restrictions

Maine law generally prohibits abortion after viability but, as of 2023, abortion care post-viability is allowed when a physician deems it necessary.12 The state generally requires that a parent, legal guardian, adult family member, 13 or judge14 consent to a minor’s abortion. However, providers can waive parental consent.15

Maine requires abortion providers to submit reports to the state.16 Providers who violate Maine’s abortion restrictions may face civil and criminal penalties.17

Post-Roe Prohibitions

Maine repealed its pre-Roe ban in 1979.18

Conclusion

Now that the Supreme Court has overturned Roe, abortion remains legal in Maine. State law protects the right to personal reproductive decisions. In April 2024, Maine further strengthened protections for providers and individuals seeking reproductive and gender-affirming health care.

  1. Me. Rev. Stat. Ann. tit. 22, § 1598(1). ↩︎
  2. Me. Rev. Stat. Ann. tit. 22,§ 1598(1-A). ↩︎
  3. Me. Rev. Stat. Ann. tit. 22, § 3196; Me. Rev. Stat. Ann. tit. 24-A, § 4320-M. ↩︎
  4. Me. Rev. Stat. Ann. tit. 24-A, § 4320-M(2-A). ↩︎
  5. Me. Rev. Stat. Ann. tit. 22, §§ 1596, 1598(1). ↩︎
  6. Me. Rev. Stat. Ann. tit. 5, § 4684-B. ↩︎
  7. Maine Exec. Order No. 4 (July 5, 2022), https://www.maine.gov/governor/mills/official_documents/executive-orders/2022-07-executive-order-4-order-protecting-access-reproductive. ↩︎
  8. Me. Rev. Stat. Ann. tit. 14, §§ 9001–9007. ↩︎
  9. Me. Rev. Stat. Ann. tit. 14, § 9003. ↩︎
  10. Me. Rev. Stat. Ann. tit. 14, § 9004. ↩︎
  11. Me. Rev. Stat. Ann. tit. 24-A, § 2159-F. ↩︎
  12. Me. Rev. Stat. Ann. tit. 22, § 1598(1-B ↩︎
  13. Me. Rev. Stat. Ann. tit. 22, § 1597-A(2)(A). ↩︎
  14. Me. Rev. Stat. Ann. tit. 22, § 1597-A(6). ↩︎
  15. Me. Rev. Stat. Ann. tit. 22, § 1597-A(2)(B). ↩︎
  16. Me. Rev. Stat. Ann. tit. 22, § 1596(2). ↩︎
  17. Me. Rev. Stat. Ann. tit. 22, §§ 1594, 1598. ↩︎
  18. 1979 Me. Laws 514 (repealing Me. Rev. Stat. Ann. tit. 17, § 51 (1979)). ↩︎