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. L.D. 1619, 131st Leg., 1st Reg. Sess. (Me. 2023) to be codified at Me. Rev. Stat. tit. 22 § 1598(1-A). 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]L.D. 1343, 131st Leg., 1st Reg. Sess. (Me. 2023). 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. tit. 24-A, § 4320-M. and prohibits cost-sharing requirements.^[11][1] L.D. 935, 131st Leg., 1st Reg. Sess. (Me. 2023). 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] L.D. 1899, 130th Leg., 2nd Reg. Sess. (Ma. 2022), to be codified at Me. Rev. Stat. Ann. tit. 5, § 4684-B.

In 2023, Maine enacted statutory protections that prohibit medical malpractice issuers discriminating against a healthcare professional who provides reproductive health care following an adverse action against the provider’s license by a state that has banned abortion.^[15]L.D. 616, 131st Leg., 1st Reg. Sess. (Ma. 2023).

Post-Roe Prohibitions

Maine repealed its pre-Roe ban in 1979.^[16]1979 Me.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.