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

Not Protected

Puerto Rico

Abortion remains unprotected in Puerto Rico, except when provided to preserve the health or life of the pregnant person.

State Legal Details

Bans in Effect

  • Gestational Ban, Total Ban

Restrictions in Effect

  • Parental Involvement, Parental Consent Requirement
  • Parental Involvement, Parental Notification Requirement

Protections

The United States Supreme Court has held that inhabitants of Puerto Rico enjoy due process and equal protection rights.1 The Constitution of Puerto Rico contains an explicit right to privacy,2 but the Puerto Rico Supreme Court has not addressed whether it encompasses the right to abortion.

Restrictions

Puerto Rico generally prohibits abortion except when “therapeutic”, to “preserve the health or life” of the pregnant person,3 but the health and life exceptions included in the law have been construed broadly to include physical and mental health.4

Puerto Rico law restricts the provision of abortion care to licensed physicians.5 Individuals who violate Puerto Rico’s abortion restrictions may face criminal penalties.6 The territory requires providers to submit reports to the state.7

Since Roe was overturned, the pro-life movement has been advocating for abortion restrictions through legislation and the emergence of anti-abortion clinics, including a law passed in October 2025 requiring parental consent for minors under 15 years of age seeking an abortion.8

Historical Restrictions

Puerto Rico repealed its pre-Roe ban in 2011.9

Conclusion

Now that the Supreme Court has overturned Roe, Abortion remains unprotected in Puerto Rico, except when provided to preserve the health or life of the pregnant person.

  1. Examining Bd. v. Flores de Otero, 426 U.S. 572, 600 (1976).  ↩︎
  2. P.R. Const. art. II, §8; Figueroa Ferrer v. Commonwealth, 7 P.R. Offic. Trans. 278 (1978). ↩︎
  3. 33 L.P.R.A. §§ 5147–5149. For the post-Roe and pre-Dobbs analysis of abortion, see Pueblo v. Duarte Mendoza, 9 P.R. Offic. Trans. 797 (1980). ↩︎
  4. See Pueblo v. Duarte Mendoza, 9 P.R. Offic. Trans. 797, 803 (1980). ↩︎
  5. 33 L.P.R.A. § 5147. ↩︎
  6. See, e.g., 33 L.P.R.A. §§ 5147–5148. ↩︎
  7. 24 L.P.R.A. § 232; Puerto Rico Department of Health, Reglamento de Centros de Terminación de Embarazo, No. 7654 R. (Dec. 29, 2008), http://app.estado.gobierno.pr/ReglamentosOnLine/Reglamentos/7654.pdf. ↩︎
  8. Mariela Santos-Muniz, New Threats to Abortion Rights Hit Puerto Rico as Advocates Share How to Fight Back, PRISM (Mar. 20, 2025); Law of Oct. 29, 2025, No. 122 (effective Oct. 29, 2025). ↩︎
  9. 33 L.P.R.A. §§ 1051–54, repealed by Law of July 12, 2011, No. 125, art. 1 (effective July 12, 2011). ↩︎