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

Expanded Access

Washington

Abortion remains legal in Washington. State law protects personal reproductive decisions, and Washington has enacted policies to expand abortion access.

State Legal Details

Bans in Effect

  • Gestational Ban, Viability

Restrictions in Effect

  • TRAP requirements: Providers, Reporting Requirement

State Protections

Washington law includes a statutory protection for abortion as a fundamental right.1 In 1991, voters approved a ballot initiative that provides, in part, that individuals have a fundamental right of privacy regarding personal reproductive decisions, and that the state of Washington will not interfere with such rights.2

Washington authorizes physicians and other health care providers acting with their scope of practice to provide abortion care3 and prohibits health care entities from interfering in health care provided to people experiencing pregnancy complications.4 Washington provides public funding for abortion care5 and requires private insurance coverage of abortion when maternity care is covered.6 Most health plans issued or renewed after January 1, 2024, are prohibited from imposing cost-sharing for abortion care.7 The state protects clinic safety and access by prohibiting interference with healthcare facilities.8

Washington prohibits the prosecution of people based on pregnancy outcomes and the prosecution of people who help pregnant individuals seeking abortion care.9 On June 30, 2022, the governor of Washington issued a directive prohibiting the Washington State Patrol from cooperating with out-of-state investigations and legal actions concerning reproductive health care lawful in Washington.10 In April 2023, Washington enacted statutory protections shielding providers, patients, and people who help others access abortion and gender affirming care from professional licensure consequences11 and the reach of out-of-state investigations and legal actions.12

The state also prohibits the sale of consumer health data without consumer consent and the use of a geofence around a facility that provides health care services13 In 2023, to maintain accessible abortion care for low-income people who reside in Washington, the state appropriated $6,000,000 to provide grants to abortion providers experiencing an increase in patients as a result of Roe being overturned by the Supreme Court.14 On May 25, 2025, Washington lawmakers released a final budget which reflected a reduction of approximately $8,500,000 in funding previously allocated to the Abortion Access Project, which is meant to protect access to affordable reproductive healthcare.15

Restrictions

Washington law generally prohibits abortion at viability.16

Washington law includes reporting requirements.17 Individuals who violate Washington’s post-viability ban may face criminal penalties; however the state cannot take adverse actions against individuals based on pregnancy outcomes or against anyone who assists “a pregnant individual in exercising their right to reproductive freedom with their voluntary consent”.18

Historical Restrictions

Washington repealed its pre-Roe statutes in 1992.19

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Washington. State law protects personal reproductive decisions, and Washington has enacted policies to expand abortion access.

  1. Wash. Rev. Code § 9.02.100. ↩︎
  2. Washington Reproductive Privacy Act (codified at Wash. Rev. Code § 9.02.100 et seq.) (ratified by referendum vote as Initiative 120 on Nov. 5, 1991) (“The sovereign people hereby declare that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions. Accordingly, it is the public policy of the state of Washington that: (1) Every individual has the fundamental right to choose or refuse birth control; (2) Every woman has the fundamental right to choose or refuse to have an abortion, except as specifically limited… (3) Except as specifically permitted…the state shall not deny or interfere with a woman’s fundamental right to choose or refuse to have an abortion; and (4) The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services, or information.”). ↩︎
  3. Wash. Rev. Code §§ 9.02.110, 9.02.130. Wash. Att’y Gen., Opinion Letter on the Authority of Advanced Registered Nurse Practitioners to Prescribe or Furnish Abortion-Inducing Drugs (Jan. 5, 2004); Wash. Att’y Gen., Opinion Letter on the Authority of Advanced Registered Nurse Practitioners and Physician Assistants to Perform Pre-Viability Aspiration Abortions (Feb. 1, 2019). ↩︎
  4. Wash. Rev. Code §§ 43.70.619, 70.400 et seq. ↩︎
  5. Wash. Admin. Code § 182-532-120(7)(b). ↩︎
  6. Wash. Rev. Code § 48.43.073. ↩︎
  7. Wash. Rev. Code §§ 48.43.073(b), 41.05.850. ↩︎
  8. Wash. Rev. Code § 9A.50.020. ↩︎
  9. Wash. Rev. Code § 9.02.120. ↩︎
  10. Directive of the Gov., No. 22-12 (Jun. 30, 2022) (also requiring the Washington State Patrol to report all requests for assistance to the governor and establish a process to scrutinize requests for cooperation from states where abortion is banned). ↩︎
  11. Wash. Rev. Code § 18.130.450(1)-(2). ↩︎
  12. Wash. Rev. Code §§ 7.115.010 (defining gender affirming treatment and reproductive health services); 7.115.020 (describing the public policy of Washington to protect the provision of healthcare services that are lawful in the state); 7.115.030 (explaining grounds for modifying or quashing subpoenas inconsistent with Washington public policy); 7.115.040 (outlining civic claims for interference with protected healthcare services); 7.115.050 (relating to the attorney general’s ability to enjoin any person for violation of this chapter). ↩︎
  13. Wash. Rev. Code § 19.373.010.10. ↩︎
  14. S.B. 5187, 68th Leg., Reg. Sess. (Wash. 2023) (including several abortion-related appropriations). ↩︎
  15. S.B. 5167, 69th Leg. Reg. Sess. (Wash. 2025). ↩︎
  16. Wash. Rev. Code § 9.02.110. ↩︎
  17. Wash. Admin. Code § 246-490-100. ↩︎
  18. Wash. Rev. Code § 9.02.120. ↩︎
  19. See Reproductive Privacy Act (codified at Wash. Rev. Code § 9.02.100 et seq.) (ratified by referendum vote as Initiative 120 on Nov. 5, 1991) (repealing § 9.02.010 and § 9.02.060 through § 9.02.090). ↩︎