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]Me. Rev. Stat. Ann. tit. 22 §1598(1-B). The state generally requires that a parent, legal guardian,^[2]Id. § 1597-A(2)(A). adult family member, ^[3]Id. §§ 1597-A(2), 1597-A(1). or judge^[4]Id. § 1597-A(6). consent to a minor’s abortion. However, providers can waive parental consent.^[5]Id. § 1597-A(2)(B).

Maine requires abortion providers to submit reports to the state.^[6]Id. § 1596(2). Providers who violate Maine’s abortion restrictions may face civil and criminal penalties.^[7]See, e.g., id. §§ 1594, 1598.

State Protections

Maine law includes express statutory protections for abortion^[8]Id. § 1598(1). and the state claims preemption of all laws regulating abortion rights.^[9]Id. §1598(1-A). The state provides public funding for abortion and require private insurance coverage of abortion if maternity care is covered^[10]Id. § 3196; Me. Rev. Stat. Ann. tit. 24-A, § 4320-M. and prohibits cost-sharing requirements.^[11] Me. Rev. Stat. Ann. tit. 24-A, § 4320-M(2-A). 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]ME. REV. STAT. ANN. tit. 22, § 1598(1). Law was amended to allow physician assistants and advanced practice nurses to also perform abortions. See § 1596. Maine law protects clinic safety and access by prohibiting interference.^[13]ME. REV. STAT. ANN. tit. 5, § 4684-B. In 2022, the state enacted a law protecting clinic safety and access through the establishment of “medical safety zones” around clinic entrances.^[14]Id.

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]L.D. 227, 131st Leg., 2nd Reg. Sess. (Me. 2024) (amending Me. Rev. Stat. Ann. tit. 14). 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 activity^[16]Id., to be codified at Me. Rev. Stat. Ann. tit. 14, § 9003. 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]Id., to be codified at Me. Rev. Stat. Ann. tit. 14, § 9004. These protections build on a law enacted in 2023  that prohibits malpractice insurers from taking adverse action against a health care provider.^[18]L.D. 616, 131st Leg., 1st Reg. Sess. (Ma. 2023), codified at Me. Rev. Stat. Ann. tit. 24-A, § 2159-F.

Post-Roe Prohibitions

Maine repealed its pre-Roe ban in 1979.^[19]1979 Me. Laws 514 (repealing ME. REV. STAT. ANN. tit. 17, § 51 (1979)).

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.