Restrictions

Maryland law requires that a parent or legal guardian be notified about a minor’s abortion^[1]MD. CODE., HEALTH-GEN. § 20-103(a). but physicians can waive notice in certain instances.^[2]Id. § 20-103(c)(1).

Maryland’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities^[3]MD. CODE, HEALTH-GEN. § 20-209; MD. CODE REGS. 10.12.01.01-20. and transfer protocols.^[4]MD. CODE REGS. 10.12.01.10.

State Protections

On November 5, 2024, voters in Maryland approved the Right to Reproductive Freedom amendment, a constitutional amendment that enshrines the right to reproductive freedom, including making decisions to prevent, continue, or end one’s pregnancy, in the state constitution.^[5]Scott Maucion, Abortion will be protected in the Maryland state constitution, NPR (Nov. 5, 2024).

Maryland law includes express statutory protections for abortion.^[6]MD. CODE, HEALTH-GEN. § 20-209. Maryland requires public medical assistance programs to cover abortion services and private insurance plans that cover labor and delivery to also cover abortion services.^[7]H.B. 937, 444th Leg., Reg. Sess. (Md. 2022). The state allows nurse practitioners, nurse midwives, licensed midwives, and physician assistants to provide abortion care in addition to physicians.^[8]H.B. 937 444th Leg., Reg. Sess. (Md. 2022), amending Md. Code, Health-Gen. §§ 20-103, 207, 208.

In 2023, Maryland enacted interstate shield laws protecting providers, patients, and people who help others access abortion from professional licensure consequences, the reach of out-of-state investigations and legal actions,^[9]S.B. 859, 445th Leg., Reg. Sess. (Md. 2023). and the disclosure of information.^[10]H.B. 477, 445th Leg., Reg. Sess. (Ma. 2023). The state protects clinic access by preventing interference with entering and exiting a facility.^[11]MD. CODE, CRIM. LAW § 10-204. In 2024, the state enacted a data privacy law, which prohibits companies from sharing or selling consumer health data without consumer consent.^[12]S.B. 541, 446th Leg., Reg. Sess. (Md. 2024).

Post-Roe prohibitions

Maryland repealed its pre-Roe ban in 1991.^[13]See 1991 Md. Laws 1 (repealing MD. CODE HEALTH – GENERAL CODE §§ 21-201 through 20-206, 20-208, 20-210, and 20-211).

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Maryland. In 2024, voters decided to amend the Maryland Constitution to create a right to reproductive freedom.