State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Maine codified abortion rights in its Reproductive Privacy Act; abortion is legal pre-viability and post-viability when a physician deems it necessary, with no gestational cutoff for post-viability care.
22 M.R.S.A. § 1598
Maine's legal regime is internally consistent — and the consistency favors abortion access. The state has no fetal-homicide law, no fetal-personhood definition, and no fetal wrongful-death remedy. The sole statute touching personhood, 22 M.R.S.A. § 1595, anchors legal personhood to live birth, meaning that a fetus is not a 'human person' until it is born alive. The criminal code's homicide provisions protect 'another human being' — a term that, in the absence of a definition including the unborn and in light of § 1595, applies only to born persons.
125th Maine Legislature, LD 1463 (2011) — final disposition · 22 M.R.S.A. § 1595
Maine requires consent of one parent, adult family member, or a judicial bypass; a health care professional may also waive the requirement if the minor is competent and the abortion is in her best interest.
Maine has no statute requiring spousal or paternal consent or notice for abortion; no such law has been enacted at any point.
| Actor | Offense | Penalty |
|---|---|---|
| Physician / health care professional — performing lawful abortion | No criminal penalty exists; former § 1598(4) repealed in 2023 | None for abortions performed in compliance with § 1598 |
| Unlicensed person — performing abortion | Unlicensed practice of medicine or nursing (Title 32 licensing statutes) | Varies; potentially Class D or C crime under general practice-of-medicine statutes; license discipline for licensed professionals acting outside scope |
| Provider — failure to preserve life of live-born infant after abortion | Subject to homicide, manslaughter, and civil liability for wrongful death and medical malpractice | Murder: life or any term not less than 25 years; Manslaughter: up to 30 years (Class A); Civil liability per malpractice and wrongful-death statutes |
| Third party — assault causing termination of pregnancy (non-abortion context) | Elevated aggravated assault on a pregnant person, 17-A M.R.S.A. § 208-C | Class A crime: up to 30 years imprisonment and up to $50,000 fine |
| Any person — sale or use of live fetuses for experimentation | 22 M.R.S.A. § 1593 — use, transfer, or distribution of a live human fetus for experimentation | Class C crime: up to 5 years imprisonment and up to $5,000 fine; strict liability |
LD 682 (132nd Legislature, 2025)
Legislation · Defeated: Ought Not to Pass report accepted June 2025
Would have reimposed a 'life or health of the mother' standard for post-viability abortion, reinstated criminal penalties, and added demographic reporting requirements.
Maine Family Planning v. Trump Administration (Medicaid defunding)
Litigation · Pending in federal court; district court denied preliminary injunction restoring Medicaid funding for Maine Family Planning
If the federal defunding is upheld, Maine Family Planning may lose federal Medicaid reimbursement for non-abortion primary care, potentially affecting clinic viability; abortion funding through state-only MaineCare funds is not directly affected.
The central statute: declares abortion legal before viability, permits it after viability under physician judgment, defines abortion, specifies who may perform it, and preempts local regulation.
Governs parental consent, health care professional waiver, and judicial bypass for minors seeking abortion.
Requires health care professionals to obtain written informed consent, specifying the information that must be disclosed.
Requires Maine Medicaid to cover abortion services, using state funds for abortions not eligible for federal matching under the Hyde Amendment.
Requires private health plans covering maternity to cover abortion and prohibits cost-sharing for abortion services.
Generated from the structured legal focused deep-research record for ME (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Maine survey. This document has not been reviewed by a lawyer and should not be used as legal advice.