Abhortion · State legal snapshot

Massachusetts

Constitutionally protected; legal to 24 weeks. Abortion is a fundamental right under the Massachusetts state constitution and is legal for any reason up to 24 weeks post-implantation, with broad…

Protected by constitution As of28 Jul 2026 Research completed28 Jul 2026 Confidence●●● High

§ I · Gestational limit

◐ Legal to 24 wk · from implantation · banned after
0481216202428323640 wk

│ Legal to 24 weeks post-implantation; exceptions after · measured from implantation · Mass. Gen. Laws ch. 112, § 12M

§ II · Restriction inventory — 15 checked, 2 in force

◐24-week ban · implantationIn force

●In-person visitsNone

●Method-specific banNone (state)

●Physician-only lawNone

◐One-parent consentIn force

●Telehealth prescribing banNone

●Waiting periodNone

●Spousal consent or noticeNone

●Abortion trafficking lawNone

●Scripted counselingNone

●Civil bounty (SB8-style)None

●Private insurance restrictionNone

●Ultrasound requirementNone

●Pill-mailing banNone

●Self-managed abortion crimeNone

§ III · Access

Criminal exposure

Procedure

Coverage & interstate

●

Available now

Yes

●

Pregnant person

Expressly exempt

●

Waiting period

0 hours

●

Medicaid

Broader than Hyde

●

Medication · telehealth

Legal · telehealth allowed

●

Self-managed

Not a crime

●

Compelled visits

0 in person

●

Private insurance

No state restriction

●

Who may perform

Physicians & APCs

●

Provider max penalty

None

◐

Minors

One-parent consent

●

Shield state

Yes

●

Mailing pills

Not banned

◐

Fetal homicide law

Yes · abortion carved out

◐

Judicial bypass

Available

◐

Major pending change

Yes · see p. 2

✓ Abolition-aligned — forbids abortion or imposes liability◐ Partial — a hurdle, an enjoined law, or a carve-out● No restriction○ Unclear or not applicable

§ IV · Why it is legal — governing authorities

1981 ●

Moe v. Secretary of Administration and Finance, 382 Mass. 629, 417 N.E.2d 387 (1981) — The foundational state constitutional case: the SJC held that Article 10 of the…

2020 ■

ROE Act (St. 2020, c. 263), Mass. Gen. Laws ch. 112, §§ 12K–12R — The current operative abortion statute: codifies the right to abortion, authorizes…

2022 ■

Massachusetts Shield Law, Mass. Gen. Laws ch. 12, §§ 11I½, 11I¾; St.… — The first-in-the-nation shield law protecting providers, patients, and helpers from…

“The commonwealth, or a subdivision thereof, shall not interfere with a person's personal decision and ability to prevent, commence, terminate or continue their own pregnancy consistent with this chapter, or restrict the…”— Mass. Gen. Laws ch. 112, § 12L

Fetal personhood — how the contradiction is walled off

● Mass. Gen. Laws ch. 112, § 12K

“'Pregnancy', the presence of an implanted human embryo or fetus in the uterus.”

No statutory or constitutional fetal personhood definition

→

● Exempt · pregnant woman

No criminal or civil exposure

● Carved out · abortion

Abortion is not chargeable under the homicide statutes.

✓ Reached · third parties

Viable fetus is person for vehicular homicide and manslaughter

Massachusetts law contains a meaningful internal tension between its abortion-rights framework and its fetal-homicide jurisprudence. Wrongful death: Wrongful death action for viable fetus only.

§ V · Criminal exposure by actor

●

Pregnant woman

No criminal or civil exposure

●

Physician

No criminal penalty; professional…

●

Non-physician prescriber

No criminal exposure; shield law…

●

Helpers · funds

No criminal exposure for non-clinical…

●

Travel helpers

No criminal exposure for travel…

●

Civil bounty

No civil bounty law

✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical

Penalties on the books — top 5

ActorOffensePenalty Physician or provider…Professional misconduct; no criminal offense exists…Potential license discipline (suspension, revocation, reprimand,… Pregnant person obtaining or…None; no criminal offense existsNone. Old criminal ban (G.L. c. 272, § 19) was repealed in 2018.… Physician assistant, nurse…Same as physician; no criminal offensePotential license discipline from respective licensing board,… Pharmacist dispensing…No criminal offense; Shield Law protects against…No penalty for dispensing lawful medication; Shield Law 2.0 (St.… Any person aiding or…None; no criminal offense exists; Shield Law…None under Massachusetts law. Shield Law provides cause of action…
Abhortion · State legal snapshot · MassachusettsNot legal advice — verify citations before reliance · 1 / 2

§ VI · How the law got here ● court  ■ statute  ◆ executive / agency

24 Jun 2022●

The U.S. Supreme Court decided Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade.

6 Jul 2022◆

Attorney General Maura Healey issued a consumer advisory warning patients about 'crisis pregnancy centers' that do…

29 Jul 2022■

Governor Charlie Baker signed the Shield Law (St. 2022, c.

10 Apr 2023◆

Governor Maura Healey issued Executive Order 609, confirming that the Shield Law's protections extend to medication…

24 Jun 2024◆

Governor Healey issued Executive Order 633, Protecting Access to Emergency Abortion Care in Massachusetts,…

7 Aug 2025■

Governor Maura Healey signed the Shield Law 2.0 (St. 2025, c.

4 Jul 2026◆

The One Big Beautiful Bill Act's Medicaid 'defund' provision (Pub. L. No.

22 Jul 2026■

The Massachusetts House of Representatives passed H.5595 (the Prioritizing Patient Access to Care Act) on a 119-33…

§ VII · Exceptions matrix

Named in lawVerified Life of the pregnant personLife exception after 24 weeks◐✓ Physical healthPhysical health exception after 24 weeks◐✓ Mental healthMental health exception after 24 weeks◐✓ RapeNo separate rape exception needed●— IncestNo separate incest exception needed●— Fatal fetal anomalyLethal or grave fetal diagnosis after 24 weeks◐✓ Miscarriage · ectopic careMiscarriage and ectopic care excluded from…●✓

Named in law: ◐ the exception is written into the ban · ✓ no such exception · ● no ban for an exception to operate against. Verified (neutral): ✓ quoted text confirmed at source · ◐ semi-verified · ○ verify before publication · — not applicable.

§ VIII · Shield law & interstate

● Shield state

Nation-leading shield state

● Travel unrestricted

Travel for abortion fully lawful

● Telehealth prescribing allowed

Telehealth prescribing fully permitted

● Pill mailing not banned

Mailing pills permitted and protected

● Funding help protected

Funding assistance fully protected

● Providing information

Providing information is lawful

Interstate postureMassachusetts has enacted comprehensive shield laws blocking out-of-state investigations, subpoenas, extradition, and license actions related to lawful reproductive health care, and creating a civil…

§ IX · Who pays

Medicaid covers abortion beyond Hyde

Life

Hyde · federal

Rape

Hyde · federal

Incest

Hyde · federal

Medically necessary

State-only funds

●

Private insurance must cover abortion without cost-sharing

ACA exchange plans must cover abortion

●

State affirmatively funds abortion providers

§ X · Pending changes status and effect as recorded — no forecast

Legislation

H.5595 — Prioritizing Patient Access to Care ActPassed House 119-33 on July 22, 2026; pending in Senate as of July 28, 2026 with legislative session ending…

Would remove the current four enumerated exceptions for post-24-week abortion (life, physical health, mental health, lethal or grave fetal diagnosis) and replace them…

Legislation

H.1991 / S.1579 — Eliminating Barriers to Abortion Access for…Referred to committee; S.1579 discharged to Judiciary Committee December 2025; hearing held June 2025. Not…

Would amend G.L. c. 112, §§ 12F and 12R to eliminate the parental consent requirement for minors under 16, removing the judicial bypass process. Minors of any age would…

Litigation

Louisiana v. FDA, No. 26-30203 (5th Cir.) — federal…On May 1, 2026, a Fifth Circuit panel stayed the FDA's 2023 authorizations permitting mifepristone to be…

If the Fifth Circuit's stay is ultimately reinstated or Louisiana prevails on the merits, the FDA would be required to restore an in-person dispensing requirement for…

Litigation

Potential Comstock Act enforcement by federal executive branchThe U.S. Department of Justice Office of Legal Counsel opined in December 2022 that the Comstock Act does not…

If a future administration interprets the Comstock Act to prohibit mailing of abortion medication regardless of state law, Massachusetts's shield laws and medication…

§ XI · Key authorities ● case  ■ statute  ◆ agency

●Moe v. Secretary of Administration and Finance 382 Mass. 629, 417 N.E.2d 387 (1981)

■ROE Act (St. 2020, c. 263) Mass. Gen. Laws ch. 112, §§ 12K–12R

■Massachusetts Shield Law Mass. Gen. Laws ch. 12, §§ 11I½, 11I¾; St. 2022, c. 127

■Shield Law 2.0 St. 2025, c. 16

■Insurance Coverage Mandate St. 2022, c. 127, §§ 7–8 (amending Mass. Gen. Laws ch.…

●Planned Parenthood League of Massachusetts v.… 424 Mass. 586, 677 N.E.2d 101 (1997)

●Commonwealth v. Cass 392 Mass. 799, 467 N.E.2d 1324 (1984)

●Commonwealth v. Lawrence 404 Mass. 378, 536 N.E.2d 571 (1989)

●Mone v. Greyhound Lines, Inc. 368 Mass. 354, 331 N.E.2d 916 (1975)

●Thibert v. Milka 419 Mass. 693, 646 N.E.2d 1025 (1995)

●McCullen v. Coakley 573 U.S. 464 (2014)

■Repeal of pre-Roe criminal ban St. 2018, c. 155, § 2

◐ Semi-verified — confirm at sourceEnforcement status · Pregnant woman · Mailing pills · Spousal consent / notice · Paternal rights · Fetal homicide · Wrongful death · Exchange plans
○ Verify before publicationThe exact contents of the informed consent form prescribed by the Commissioner of Public Health under G.L. c. 112, § 12R were not directly reviewed;…
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