{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-mt","type":"legislation","level":"state","jurisdiction":"Montana","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Protected by constitution, viability limit","summary":"Abortion is constitutionally protected in Montana and legal until fetal viability, presumed at 24 weeks gestational age, with a life/health exception after viability.","machine_readable_summary":{"legal_classification":"protected_by_constitution","gestational_limit_weeks":24,"limit_measured_from":"fertilization","abortion_currently_available":"yes","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":false,"mailing_pills_banned":false,"method_bans":["d_and_x"],"telehealth_prescribing_allowed":true,"physician_only_law":false,"provider_max_penalty":"Felony, fine up to $50,000, 5-10 years prison, permanent license revocation","helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":null,"state_scripted_counseling":false,"ultrasound_required":"none","in_person_visits_required":0,"parental_involvement":"notification_only","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"broader_than_hyde","private_insurance_restricted":true,"state_funding_posture":"funds_providers","rape_incest_exception":true,"exceptions_present":["life","physical_health","rape","incest","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/mt.html","markdown":"https://www.abhortion.org/legislation/mt.md","summary_json":"https://www.abhortion.org/legislation/mt.json","full_json":"https://www.abhortion.org/legislation/mt-full.json","verbose_json":"https://www.abhortion.org/legislation/mt-verbose.json"},"overview":{"title":"Protected by constitution, viability limit","summary":"Abortion is constitutionally protected in Montana and legal until fetal viability, presumed at 24 weeks gestational age, with a life/health exception after viability.","description":"Abortion is legal in Montana. You have a state constitutional right to make decisions about your own pregnancy, including the right to an abortion. You can obtain an abortion up to fetal viability, which Montana law presumes to begin at 24 weeks of pregnancy measured from fertilization. After viability, an abortion can still be performed if needed to preserve your life or health. In November 2024, Montana voters passed a constitutional amendment (CI-128) that explicitly guarantees the right to abortion and protects those who help someone access abortion. This amendment took effect July 1, 2025. Montana does not require waiting periods, mandatory ultrasounds, or biased counseling. Advanced practice clinicians — not only physicians — can provide abortion care.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"},{"name":"Center for Reproductive Rights (secondary); Justia","href":"https://reproductiverights.org/maps/abortion-laws-by-state/montana"},{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0090/0500-0200-0010-0090.html"},{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0040/0500-0200-0010-0040.html"}]},"sections":{"definitions":{"title":"Intentional termination w/ medical carve-outs","summary":"Montana defines abortion as any instrument, medicine, drug, or substance used to intentionally terminate a known pregnancy, excluding removal of a dead fetus and acts to increase probability of live birth or preserve post-birth life/health.","description":"Under Montana law, 'abortion' means using any instrument, medicine, drug, or other substance or device to intentionally end a pregnancy when the woman is known to be pregnant. The definition specifically excludes actions taken to increase the chance of a live birth, to preserve the life or health of the child after live birth, or to remove a fetus that has already died. This means that miscarriage management (removing a fetus with no cardiac activity) is not classified as an abortion. The definition also does not explicitly exclude ectopic pregnancy removal in its text, but several enjoined statutes contain ectopic-pregnancy carve-outs, and as a practical matter, treatment of ectopic pregnancy is not treated as abortion in Montana.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0040/0500-0200-0010-0040.html"}]},"current_status":{"title":"Legal to viability; constitutional right","summary":"Abortion is constitutionally protected and legal in Montana until fetal viability, presumed at 24 weeks, with post-viability life and health exceptions.","description":"Abortion is legal in Montana. A person can obtain an abortion up to the point of fetal viability, which the law presumes to be 24 weeks gestational age or later. After viability, abortion is still permitted when necessary to preserve the pregnant person's life or health. Montana's state constitution, as amended by voters in November 2024 (effective July 1, 2025), explicitly guarantees the right to make and carry out decisions about one's own pregnancy, including the right to abortion. The Montana Supreme Court has repeatedly held that any restriction on abortion must survive strict scrutiny — the highest standard of judicial review — and has struck down numerous restrictions under this standard.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0090/0500-0200-0010-0090.html"},{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"},{"name":"FindLaw / Montana Supreme Court","href":"https://caselaw.findlaw.com/court/mt-supreme-court/117373154.html"}]},"enforcement_status":{"title":"Core ban in effect; many restrictions enjoined","summary":"The viability ban is in force, but the 20-week pain ban, D&E ban, waiting period, counseling mandate, ultrasound requirement, telemedicine ban, and Medicaid funding restrictions are all permanently or preliminarily enjoined.","description":"Montana's viability limit (banning abortion after about 24 weeks unless the pregnant person's life or health is at risk) is in effect. But many laws passed by the legislature to restrict abortion have been blocked by Montana courts. Laws that are NOT in effect include: a ban on abortion at 20 weeks, a ban on D&E procedures (the most common second-trimester method), a 24-hour waiting period, state-mandated counseling scripts, an ultrasound requirement, a ban on getting abortion medication via telemedicine, limits on Medicaid coverage of abortion, and new clinic licensing requirements. The parental consent law for minors has also been struck down. A ban on intact D&E procedures (often called 'partial-birth abortion') does remain in effect. The voter-approved constitutional amendment CI-128 took effect July 1, 2025, adding an explicit constitutional right to abortion.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://caselaw.findlaw.com/court/mt-supreme-court/117373154.html"},{"name":"Justia","href":"https://law.justia.com/cases/montana/supreme-court/2024/da-23-0272-0.html"},{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"}]},"exceptions":{"life":{"title":"Life exception at viability","type":"life","summary":"Post-viability abortion is permitted to preserve the pregnant woman's life, with written certification required.","description":"After viability, an abortion is allowed if it is necessary to preserve the pregnant person's life. The physician must certify in writing, setting forth in detail the facts relied upon for this judgment, before performing the abortion.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0090/0500-0200-0010-0090.html"},{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"}]},"physical_health":{"title":"Health exception at viability","type":"physical_health","summary":"Post-viability abortion is constitutionally protected to protect health, and the viability statute has been interpreted to include health.","description":"After viability, an abortion is permitted when medically indicated to protect the pregnant person's health. The constitutional amendment CI-128 explicitly says the government cannot deny or burden access to an abortion that a treating health care professional determines is needed to protect the patient's life or health. Under the viability statute, two licensed physicians (not including the one performing the abortion) must examine the patient and concur in writing that the abortion is necessary to preserve health.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"}]},"mental_health":{"title":"Not expressly excepted in statute","type":"mental_health","summary":"Montana's statutory viability exception says 'life of the mother,' but the constitutional amendment uses 'health' broadly, which could encompass mental health.","description":"The written statute says post-viability abortion is only allowed to preserve 'the life of the mother.' But the new constitutional amendment (CI-128) protects any abortion that is 'medically indicated to protect the life or health of the pregnant patient.' The word 'health' in this context could include mental health, but this has not yet been tested in court. In practice, under the constitutional standard, a physician's good-faith judgment that abortion is needed to protect mental health would likely be protected.","verification":"verified","confidence":"medium","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"}]},"rape":{"title":"Rape exception for insurance only","type":"rape","summary":"Montana's abortion ban does not require a rape or incest exception because abortion is already legal up to viability, but qualified health plans may cover abortion for rape or incest.","description":"Because abortion is broadly legal in Montana until viability, there is no need for a rape or incest exception to an abortion ban. The viability statute does not contain a rape/incest carve-out because pre-viability abortion is generally permitted regardless of the reason. Montana law does restrict qualified health plan (ACA marketplace) coverage — these plans cannot cover abortion except when the pregnancy results from rape or incest, or to save the life of the mother.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0330/chapter_0220/part_0010/section_0160/0330-0220-0010-0160.html"}]},"incest":{"title":"Incest exception for insurance only","type":"incest","summary":"Same as rape — the viability framework makes a criminal-law incest exception unnecessary, but qualified health plans may cover abortion for incest.","description":"The same analysis applies as for rape: incest is relevant only to insurance coverage, not to the legality of the procedure itself.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0330/chapter_0220/part_0010/section_0160/0330-0220-0010-0160.html"}]},"fatal_fetal_anomaly":{"title":"No explicit fetal-anomaly exception","type":"fatal_fetal_anomaly","summary":"Montana's viability ban contains no explicit exception for fatal fetal anomalies, but because abortion is legal to viability, such pregnancies can be terminated before that point.","description":"Montana law does not have a specific exception for fatal fetal anomalies in the post-viability ban. However, because abortion is legal until viability (about 24 weeks), most pregnancies involving fatal fetal anomalies — which are typically diagnosed around the 20-week anatomy scan — can be terminated without needing an exception. For anomalies diagnosed later, the health exception under the constitutional amendment may provide legal protection.","verification":"not_applicable","confidence":"medium"},"ectopic_miscarriage_carveout":{"title":"Ectopic/miscarriage carved out","type":"ectopic_miscarriage_carveout","summary":"Miscarriage management (removal of a dead fetus) is expressly excluded from the definition of abortion. Ectopic pregnancy treatment is not treated as abortion in practice.","description":"Montana law does not consider miscarriage management to be an abortion. The legal definition of abortion specifically excludes procedures to 'remove a dead fetus.' This means that when a pregnancy has ended (no fetal cardiac activity), medical treatment to complete the miscarriage is not regulated by abortion laws. Ectopic pregnancy treatment — where the fertilized egg implants outside the uterus — is not explicitly excluded by the definition statute, but three other abortion-restriction statutes (all currently blocked by courts) contain language saying they do not apply to ectopic pregnancy removal. In practice, treating ectopic pregnancies is not considered abortion.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0040/0500-0200-0010-0040.html"}]}},"methods":{"procedural_surgical":{"title":"Legal; D&X ban in effect, D&E ban enjoined","summary":"Procedural abortion is legal until viability. Intact D&X ('partial-birth abortion') is banned with a life exception. The D&E ban is permanently enjoined.","description":"Surgical abortion methods — including aspiration (suction) abortion and dilation and evacuation (D&E) — are legal in Montana until viability. One type of surgical abortion is banned: intact dilation and extraction (intact D&X, sometimes called 'partial-birth abortion'), a rarely used method. The ban has an exception when the procedure is needed to save the pregnant person's life and no other method would work. A separate ban on standard D&E procedures (the most common second-trimester method) was passed in 2023 but has been permanently blocked by a court and is not in effect.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/2024/mca/title_0500/chapter_0200/part_0040/section_0010/0500-0200-0040-0010.html"},{"name":"Justia","href":"https://law.justia.com/codes/montana/2024/title-50/chapter-20/part-10/section-50-20-1003"}]},"medication":{"title":"Legal; no distinct restrictions","summary":"Medication abortion (mifepristone/misoprostol) is legal until viability. Telemedicine prescribing is permitted. The 24-hour waiting period and in-person dispensing requirements were struck down.","description":"Medication abortion — using pills (mifepristone and misoprostol) to end a pregnancy — is legal in Montana until viability. You can get these pills through an in-person visit or via telemedicine (video or phone appointment), because Montana's telemedicine ban for medication abortion was struck down by the Montana Supreme Court. There is no mandatory waiting period: the law that required a 24-hour wait between counseling and receiving the pills was also struck down. Pharmacists and other providers can dispense the medication. Montana does not have a law banning the mailing of abortion pills within the state. As a practical matter, medication abortion is widely available in Montana through clinics and telehealth services.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://caselaw.findlaw.com/court/mt-supreme-court/117373154.html"},{"name":"Montana Free Press / ACLU Montana","href":"https://montanafreepress.org/2023/05/12/montana-supreme-court-upholds-ruling-that-allows-some-nurses-to-provide-abortions"}]},"self_managed":{"title":"No criminal prohibition; woman exempt","summary":"Montana has no statute criminalizing self-managed abortion. The woman is expressly exempted from all abortion-related penalties. CI-128 constitutionally protects the right to make decisions about pregnancy.","description":"There is no law in Montana that makes it a crime for a pregnant person to end their own pregnancy. The Montana Abortion Control Act explicitly says that no penalty may be imposed against the woman upon whom an abortion is performed or attempted. The D&E ban (which is itself blocked) also said a woman could not be prosecuted for conspiracy. The new constitutional amendment says the government cannot penalize or prosecute a person for exercising their right to make decisions about their pregnancy. So self-managing an abortion — whether by obtaining pills online or by other means — does not expose the pregnant person to criminal liability under Montana law.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0120/0500-0200-0010-0120.html"},{"name":"Justia","href":"https://law.justia.com/codes/montana/title-45/chapter-5/part-1/section-45-5-116"},{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"}]}},"actors":{"who_may_perform":{"title":"Physicians, PAs, and APRNs","summary":"Licensed physicians, physician assistants, and advanced practice registered nurses (including nurse practitioners and nurse midwives) may perform abortions consistent with their scope of practice.","description":"In Montana, abortions can be performed by licensed physicians (M.D. or D.O.), physician assistants (PAs), and advanced practice registered nurses (APRNs) — a category that includes nurse practitioners and certified nurse midwives. This is because the Montana Supreme Court ruled in 2023 that a law restricting abortion provision to physicians and physician assistants only was unconstitutional. The court held that restricting APRNs from providing abortion violated the state constitutional right to privacy by interfering with patients' access to care from qualified providers of their choosing.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0090/0500-0200-0010-0090.html"},{"name":"Montana Free Press","href":"https://montanafreepress.org/2023/05/12/montana-supreme-court-upholds-ruling-that-allows-some-nurses-to-provide-abortions"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt from all penalties","summary":"Montana law explicitly states that no penalty may be imposed against the woman upon whom an abortion is performed or attempted. The fetal homicide law also exempts the woman.","description":"Under Montana law, a pregnant person who has an abortion cannot be punished. The law clearly states: 'A penalty may not be imposed against the woman upon whom the abortion is performed or attempted to be performed.' This covers all penalties under the abortion chapter — criminal fines, imprisonment, everything. The fetal homicide law also says a woman cannot be prosecuted for the death of her own fetus. The new constitutional amendment says the government cannot penalize or prosecute a person for exercising their right to make decisions about their pregnancy. This means a pregnant person faces zero criminal exposure for having or attempting to have an abortion, whether performed by a provider or self-managed.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0120/0500-0200-0010-0120.html"},{"name":"Justia","href":"https://law.justia.com/codes/montana/title-45/chapter-5/part-1/section-45-5-116"}]},"physician":{"title":"Felony exposure for prohibited conduct","summary":"Physicians face felony liability for violating the viability ban (up to 5 years prison, $1,000 fine) or the partial-birth ban (5-10 years prison, $50,000 fine, permanent license revocation).","description":"Physicians who perform abortions in violation of Montana's abortion laws face serious criminal penalties. For violating the viability ban (performing an abortion after viability without meeting the life/health exception), a physician faces a felony with up to 5 years in prison, a fine of up to $1,000, or both. For performing a banned intact D&X procedure, the penalty is a felony with 5 to 10 years in prison, a fine of up to $50,000, and permanent revocation of the physician's medical license. Failure to comply with documentation and reporting requirements is a misdemeanor punishable by up to 6 months in jail and a $500 fine, and can also trigger professional discipline including license suspension.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0120/0500-0200-0010-0120.html"},{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/2024/mca/title_0500/chapter_0200/part_0040/section_0010/0500-0200-0040-0010.html"}]},"prescriber_pharmacist":{"title":"Exposure for reporting violations","summary":"Non-physician prescribers (APRNs, PAs) are authorized to provide abortion care, including medication abortion. Pharmacists who fill prescriptions face no specific abortion-related liability. Documentation/reporting violations are misdemeanors.","description":"Nurse practitioners, physician assistants, and certified nurse midwives can legally prescribe and provide abortion medication and perform procedural abortions in Montana. Pharmacists who fill prescriptions for abortion medication face no specific abortion-related criminal exposure under Montana law. Health care providers must comply with documentation and reporting requirements: failure to report adverse side effects of medication abortion or failure to file required reports within 30 days is a misdemeanor (up to 6 months jail, $500 fine) and can result in professional discipline including up to a one-year license suspension.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0100/0500-0200-0010-0100.html"}]},"nurses_and_staff":{"title":"Limited exposure via reporting","summary":"Nurses and clinical staff providing abortion care within their scope under licensed supervision face no independent abortion-specific criminal exposure beyond documentation/reporting misdemeanors.","description":"Nurses, medical assistants, clinic counselors, and other clinical staff who help provide abortion care do not face independent criminal exposure under Montana's abortion laws. The laws target the provider performing the abortion, not supporting staff. Staff members could face misdemeanor liability for documentation and reporting violations. The clinic licensure law (currently blocked) would have imposed additional regulatory burdens on clinics and their staff.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"}]},"other_helpers":{"title":"Constitutionally protected from penalty","summary":"CI-128 expressly prohibits government from penalizing anyone who aids or assists another person in exercising their pregnancy decision-making rights. No bounty or civil-enforcement law exists.","description":"Friends, family members, employers, abortion funds, or anyone else who helps a pregnant person obtain an abortion — whether by driving them to a clinic, paying for the procedure, reimbursing travel, or providing emotional support — are protected from government penalty under the Montana Constitution. CI-128 says the government 'shall not penalize, prosecute, or otherwise take adverse action against a person for aiding or assisting another person in exercising their right to make and carry out decisions about their pregnancy with their voluntary consent.' Montana does not have a civil bounty law like Texas's SB 8 that would allow private citizens to sue helpers.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"Protected by constitution; no trafficking law","summary":"Helping someone travel for an abortion is constitutionally protected under CI-128. A 2025 bill to criminalize 'abortion trafficking' died in the legislature. Residents may freely travel out of state.","description":"There is no law in Montana that criminalizes helping someone travel to obtain an abortion, whether within Montana or to another state. In fact, the Montana Constitution now explicitly protects anyone who 'aids or assists' another person in exercising their pregnancy decision-making rights. A bill introduced in the 2025 legislative session to create a crime of 'abortion trafficking' — which would have criminalized transporting a minor across state lines for an abortion — failed to pass. Montana residents are free to travel to any state for abortion care, and anyone helping them with travel is constitutionally protected.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"},{"name":"LegiScan","href":"https://legiscan.com/MT/bill/HB609/2025"}]},"funding":{"title":"Protected; no funding restrictions in effect","summary":"Paying for an abortion or travel is constitutionally protected. Montana Medicaid covers abortion broadly. Laws restricting Medicaid funding and public funding of abortion have been permanently enjoined.","description":"Someone who pays for another person's abortion or abortion-related travel is constitutionally protected. Montana's Medicaid program covers abortion — not only in cases of rape, incest, or life endangerment (the federal Hyde Amendment minimum), but more broadly. In 2023, the legislature passed bills to restrict Medicaid abortion coverage, but those laws were permanently blocked by a state court in March 2025. Abortion funds, employers, and private individuals may pay for abortion care and related expenses without legal risk.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/montana/supreme-court/2024/da-23-0287.html"},{"name":"Center for Reproductive Rights (secondary)","href":"https://reproductiverights.org/maps/abortion-laws-by-state/montana"}]},"mailing_pills":{"title":"No state prohibition","summary":"Montana has no law banning the mailing of abortion medication into or within the state. The telemedicine ban that restricted mailing has been struck down.","description":"There is no Montana law that makes it illegal to mail abortion pills (mifepristone and misoprostol) into the state or within the state. The law that required in-person dispensing of abortion medication was struck down by the Montana Supreme Court. Federal law governing mailing of prescription drugs applies, but Montana imposes no additional state-level mailing prohibition.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://caselaw.findlaw.com/court/mt-supreme-court/117373154.html"}]},"providing_information":{"title":"Protected First Amendment activity","summary":"Providing information about abortion, including websites and referrals, is constitutionally protected free speech. CI-128 adds state constitutional protection for aiding others in pregnancy decisions.","description":"Giving someone information about how to get an abortion — whether by sharing a website address, making a referral, or simply talking — is protected under the First Amendment. The Montana Constitution adds an extra layer of protection by explicitly prohibiting the government from penalizing anyone who aids or assists another person in exercising their pregnancy decision-making rights. There is no Montana law that criminalizes the provision of information about abortion.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"}]},"civil_bounty":{"title":"No civil bounty law","summary":"Montana has no SB 8-style law allowing private civil enforcement against abortion providers, helpers, or patients. No private right of action exists in the abortion context.","description":"Montana does not have a law that lets private citizens sue abortion providers, helpers, or patients. Unlike Texas's SB 8, which allows any private person to sue anyone who 'aids or abets' an abortion and collect at least $10,000, Montana has no comparable statute. The only civil liability in Montana abortion law is the provision that failure to obtain required consent is 'prima facie evidence in an appropriate civil action for a violation of a professional obligation' — this is a professional malpractice standard, not a bounty.","verification":"not_applicable","confidence":"high"}},"procedural_requirements":{"waiting_period":{"title":"No waiting period","summary":"Montana's 24-hour waiting period between informed consent and abortion was permanently struck down by the Montana Supreme Court in 2025.","description":"Montana does not require you to wait any specific amount of time between your counseling appointment and your abortion procedure. The law that required a 24-hour waiting period — and a separate 24-hour waiting period for medication abortion — were both struck down by the Montana Supreme Court in June 2025. You can receive counseling and have your abortion on the same day.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://caselaw.findlaw.com/court/mt-supreme-court/117373154.html"}]},"mandatory_counseling":{"title":"No scripted counseling in effect","summary":"Montana's state-scripted informed consent and biased counseling requirements were permanently struck down by the Montana Supreme Court in 2025.","description":"Montana does not require health care providers to read a government-written script or provide state-mandated materials to patients seeking abortion. The laws that required doctors to give patients specific state-produced materials — including information that some medical groups consider biased or inaccurate — were struck down by the Montana Supreme Court. Providers must still obtain informed consent under general medical standards, but the government does not dictate what they must say.","verification":"verified","confidence":"high","sources":[{"name":"Center for Reproductive Rights (secondary)","href":"https://reproductiverights.org/maps/abortion-laws-by-state/montana"}]},"ultrasound_requirement":{"title":"No ultrasound requirement","summary":"Montana's requirement that providers offer patients the opportunity to view an ultrasound and listen to a fetal heartbeat was struck down by the Montana Supreme Court.","description":"There is no legal requirement in Montana that you have an ultrasound before getting an abortion, or that you view an ultrasound image, or that you listen to a fetal heartbeat. A law that required providers to offer patients the opportunity to view an ultrasound and hear a fetal heartbeat was found unconstitutional and permanently blocked by the Montana Supreme Court. The viability determination statute requires an ultrasound for the provider's clinical assessment of gestational age, but this is a medical determination, not a requirement to show or describe the image to the patient.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://caselaw.findlaw.com/court/mt-supreme-court/117373154.html"}]},"in_person_visits":{"title":"No mandatory in-person visits","summary":"Montana requires zero in-person visits for abortion. The telemedicine ban and in-person dispensing requirements were struck down; no waiting period or ultrasound requirement remains.","description":"You do not need to make any in-person visits to obtain an abortion in Montana — particularly for medication abortion, which can be prescribed via telemedicine and mailed or picked up at a pharmacy. The laws that would have required in-person visits (telemedicine ban, 24-hour waiting period, ultrasound requirement) have all been struck down by Montana courts.","verification":"semi_verified","confidence":"high"}},"minors":{"parental_involvement":{"title":"Notice for under-16; consent law struck down","summary":"Minors under 16 must have a parent or guardian notified 48 hours before an abortion, with judicial bypass available. The parental consent law was struck down as unconstitutional.","description":"If you are under 16 and not emancipated, Montana law requires that one of your parents or legal guardians be notified at least 48 hours before your abortion. The notice can be given by the provider in writing or by phone. There are exceptions: if a medical emergency means there isn't enough time, if the parent waives the requirement in writing, or if you obtain permission from a judge through a process called judicial bypass. If you are 16 or 17, no parental involvement is required. A separate law that would have required actual notarized parental consent for minors under 18 was struck down by the Montana Supreme Court in 2024 and the U.S. Supreme Court refused to hear the state's appeal.","verification":"verified","confidence":"high","sources":[{"name":"Montana Department of Justice","href":"https://dojmt.gov/montana-departments-of-justice-public-health-and-human-services-issue-advisory-clarifying-state-of-parental-notification-of-abortion-act"},{"name":"Justia","href":"https://law.justia.com/cases/montana/supreme-court/2024/da-23-0272-0.html"}]},"judicial_bypass":{"title":"Available for parental notice","summary":"A minor under 16 may petition a youth court for a waiver of the parental notice requirement. The minor must demonstrate maturity or that notice is not in her best interests.","description":"If you are under 16 and cannot or do not want to involve a parent, you can ask a judge for permission to get an abortion without notifying your parents. This is called judicial bypass. A judge in youth court will appoint a lawyer for you at no cost. You'll need to show either that you are mature enough to make the decision on your own, or that telling a parent would not be in your best interests — for example, if there is abuse. The process is confidential, and if the judge says no, you can appeal to the Montana Supreme Court.","verification":"verified","confidence":"medium","sources":[{"name":"Montana DOJ Advisory (secondary)","href":"https://dojmt.gov/montana-departments-of-justice-public-health-and-human-services-issue-advisory-clarifying-state-of-parental-notification-of-abortion-act"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal or paternal consent/notice","summary":"Montana has no statute requiring spousal or paternal consent or notice for abortion. The repealed § 50-20-107 formerly addressed spousal consent but no longer exists.","description":"Montana does not require a married person to get their spouse's permission or even notify their spouse before having an abortion. There is no law requiring the consent or notification of the father of the pregnancy. A previous spousal consent law was repealed and no replacement was enacted. The only parental-involvement law that exists applies to minors under 16, and even then, only one parent needs to be notified — not both.","verification":"semi_verified","confidence":"high","sources":[{"name":"Montana Legislature (via Justia)","href":"https://law.justia.com/codes/montana/title-50/chapter-20/part-1"}]},"enforceability":{"title":"No spousal law to enforce","summary":"Because Montana has no spousal or paternal consent/notice statute on the books, enforceability analysis is moot. Any such law would violate the Montana Constitution.","description":"Since Montana has no law requiring a spouse's or father's consent or notice, there is nothing to enforce. Even if the legislature tried to pass such a law, it would likely be struck down under Montana's strong state constitutional right to privacy and the new explicit abortion rights amendment.","verification":"verified","confidence":"high","sources":[{"name":"Center for Reproductive Rights (secondary)","href":"https://reproductiverights.org/maps/abortion-laws-by-state/montana"}]},"other_paternal_rights":{"title":"Wrongful death standing; no veto","summary":"A father may bring a wrongful-death action for a stillborn fetus under Montana law. No right to veto or enjoin an abortion exists.","description":"In Montana, the father of a fetus does not have the right to prevent an abortion. The decision to have an abortion belongs to the pregnant person. However, if a fetus is killed through someone else's wrongful act (for example, a car accident caused by a negligent driver), the father can potentially bring a wrongful death lawsuit. The Montana Supreme Court has ruled that a claim for wrongful death can extend to a stillborn fetus in certain circumstances. There is no putative-father registry relevant to abortion decisions in Montana.","verification":"verified","confidence":"high","sources":[{"name":"Justia (via Strzelczyk opinion)","href":"https://law.justia.com/cases/montana/supreme-court/1994/59ddbbe3-5ef3-47e7-a857-dd37305e4248.html"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide w/ abortion & woman carve-outs","summary":"Montana's deliberate homicide statute includes causing the death of a fetus of another. The woman and anyone performing a consented abortion are expressly exempt from prosecution.","description":"Montana law makes it a crime to cause the death of another person's fetus. Specifically, a person can be charged with deliberate homicide if they 'purposely or knowingly cause the death of a fetus of another with knowledge that the woman is pregnant.' This applies to third parties who attack a pregnant person and kill the fetus — not to the pregnant person herself or to abortion providers. The law explicitly says that the pregnant woman cannot be prosecuted for the death of her own fetus, and that someone who performs an abortion with proper consent also cannot be prosecuted. This creates an interesting situation where a fetus is treated as a homicide victim under criminal law, but those protections are carved out for the contexts of abortion and the pregnant person's own actions.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/montana/title-45/chapter-5/part-1/section-45-5-116"},{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0450/chapter_0050/part_0010/section_0020/0450-0050-0010-0020.html"}]},"wrongful_death":{"title":"Recognized for stillborn fetus","summary":"The Montana Supreme Court in Strzelczyk v. Jett (1994) recognized that a wrongful-death claim may lie for a stillborn fetus, applying § 27-1-513 and § 41-1-103 on a fact-specific basis.","description":"Under Montana law, a parent may be able to bring a wrongful death lawsuit for the loss of a stillborn fetus if the death was caused by someone else's negligence or wrongful act. The Montana Supreme Court decided this in a 1994 case called Strzelczyk v. Jett, where it found that a full-term stillbirth could support a wrongful death claim. The court's decision was based on a specific Montana law that says 'a child conceived but not yet born is to be deemed an existing person, so far as may be necessary for its interests in the event of its subsequent birth.' The court explicitly said this was not an abortion case — it was about negligent medical care resulting in a stillbirth.","verification":"verified","confidence":"medium","sources":[{"name":"Justia (via Strzelczyk opinion)","href":"https://law.justia.com/cases/montana/supreme-court/1994/59ddbbe3-5ef3-47e7-a857-dd37305e4248.html"}]},"personhood_definition":{"title":"Statutory personhood language exists","summary":"Montana has several statutory provisions that define unborn children as persons for particular purposes, including fetal homicide (§ 45-5-102(c)), the property/inheritance statute (§ 41-1-103), and abortion-chapter references to 'unborn child.'","description":"Montana law contains several provisions that treat an unborn child as a person in certain contexts. The deliberate homicide law counts a fetus as a potential homicide victim from 8 weeks of development. The property and inheritance law says an unborn child is 'deemed an existing person' when it is in the child's interests following birth. The abortion chapter itself refers to an 'unborn child' throughout. However, none of these personhood provisions override the constitutional right to abortion. Each personhood statute contains express carve-outs for abortion and for the pregnant woman.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0020/0500-0200-0010-0020.html"},{"name":"Center for Reproductive Rights (secondary)","href":"https://reproductiverights.org/maps/abortion-laws-by-state/montana"}]},"contradictions_analysis":"Montana law contains a striking set of internal contradictions on fetal personhood. The same Montana Code Annotated that permits abortion up to viability — and constitutionally protects the right to abortion — also (1) defines deliberate homicide of a fetus as a crime punishable by death or life imprisonment (§ 45-5-102(1)(c)), (2) declares that a 'child conceived but not yet born is to be deemed an existing person' (§ 41-1-103), and (3) states that 'the state has a duty to protect innocent life' (§ 50-20-102(e)). These contradictions are managed — but not resolved — through explicit statutory carve-outs: the fetal homicide law expressly exempts the pregnant woman and anyone performing a consented abortion (§ 45-5-116(1)(a)-(c)). The wrongful-death holding in Strzelczyk treats a stillborn fetus as a 'person' under the civil law, while the Montana Supreme Court in Armstrong and Planned Parenthood repeatedly affirms that the constitutional right to privacy protects the pregnant person's decision to end a pregnancy. The constitutional amendment CI-128 (effective July 1, 2025) deepens the contradiction by providing an express constitutional right to abortion while the legislature's § 1-2-117 attempts to redefine privacy to exclude abortion. These tensions reflect a legislature that has layered fetal-protective language onto a constitutional framework that remains, through both judicial precedent and popular vote, firmly protective of abortion rights. The practical resolution is that personhood language applies in contexts outside of the abortion decision — third-party violence, inheritance, wrongful death — while the constitutional right to abortion controls as to the pregnant person's own decision-making."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth permitted","summary":"Abortion medication can be prescribed via telehealth to patients in Montana, including by out-of-state providers. The telemedicine ban was permanently struck down by the Montana Supreme Court.","description":"You can get abortion medication prescribed through a telemedicine appointment — a video or phone call with a health care provider — without needing to visit a clinic in person. This applies to providers inside Montana and, in practice, to providers in other states who operate under their own state's shield laws. The Montana law that banned telemedicine for abortion and required in-person dispensing of medication was struck down by the Montana Supreme Court. You can receive your medication by mail or pick it up at a pharmacy.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://caselaw.findlaw.com/court/mt-supreme-court/117373154.html"}]},"out_of_state_travel":{"title":"No restrictions on out-of-state travel","summary":"Montana residents may freely travel out of state for abortion care. No statute restricts or penalizes travel. The proposed abortion-trafficking bill died in the 2025 session.","description":"You can travel from Montana to any other state for abortion care without legal risk. Montana does not have any law that restricts or penalizes crossing state lines for an abortion. A bill that would have made it a crime to transport a minor for an abortion failed to pass in the 2025 legislative session. The Montana Constitution protects anyone who helps someone else exercise their pregnancy decision-making rights.","verification":"semi_verified","confidence":"high","sources":[{"name":"LegiScan","href":"https://legiscan.com/MT/bill/HB609/2025"}]},"shield_or_hostile_laws":{"title":"Not a shield state; not hostile either","summary":"Montana has not enacted a shield law protecting providers or patients from out-of-state investigations. It also has not enacted laws targeting cross-border abortion activity. CI-128 protects helpers from in-state government action.","description":"Montana is not one of the states that has passed a 'shield law' — a law that specifically protects abortion providers and patients from investigations, subpoenas, or extradition attempts by other states. Unlike states such as New York, California, and Massachusetts, Montana has not enacted legislation to block cooperation with out-of-state abortion-related prosecutions. However, Montana is also not a state that is trying to reach across its borders to punish abortion activity that happens elsewhere. Montana providers serving Montana residents are protected by the state constitution. The CI-128 amendment says the government cannot penalize anyone for helping someone exercise their pregnancy rights — but this only binds Montana's government, not other states.","verification":"semi_verified","confidence":"high","sources":[{"name":"Guttmacher Institute","href":"https://www.guttmacher.org/state-policy/explore/shield-laws-sexual-and-reproductive-health-care"}]}},"funding_and_insurance":{"medicaid":{"title":"Broad coverage; restrictions enjoined","summary":"Montana Medicaid covers abortion beyond Hyde minimums. 2023 laws restricting Medicaid abortion coverage were permanently enjoined in March 2025. Historical precedent (Jeannette R.) requires broader coverage.","description":"Montana's Medicaid program covers abortion — not just in the limited cases allowed by federal law (rape, incest, and life endangerment) but more broadly. This is because Montana courts have ruled that the state constitution requires equal treatment of abortion care under Medicaid. In 2023, the legislature passed laws to restrict this coverage, including requiring prior authorization and narrowing the definition of 'medically necessary.' Those laws have been permanently blocked by a state district court. As of mid-2025, Medicaid enrollees in Montana can access abortion coverage without the restrictions the legislature tried to impose.","verification":"verified","confidence":"medium","sources":[{"name":"Center for Reproductive Rights (secondary)","href":"https://reproductiverights.org/maps/abortion-laws-by-state/montana"}]},"private_insurance":{"title":"No mandate; no ban on private coverage","summary":"Montana does not require private insurance plans to cover abortion, but also does not ban them from doing so. There is no requirement for a separate rider.","description":"Montana does not require private health insurance plans to cover abortion, and it also does not prohibit them from covering it. Unlike some states that ban all abortion coverage in private plans or require a separate insurance rider to be purchased, Montana lets insurance companies and employers decide whether to include abortion coverage. The only restriction on private coverage applies to qualified health plans sold on the ACA marketplace (see below).","verification":"not_applicable","confidence":"high"},"exchange_plans":{"title":"Exchange plans restricted","summary":"Qualified health plans sold on Montana's ACA marketplace cannot cover abortion except when the mother's life is endangered or the pregnancy results from rape or incest.","description":"If you buy health insurance through Montana's Affordable Care Act marketplace (healthcare.gov), your plan will not cover abortion except in limited circumstances: to save your life due to a physical condition, or if the pregnancy is the result of rape or incest. This restriction does not apply to plans bought outside the marketplace or to employer-provided insurance.","verification":"verified","confidence":"high","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0330/chapter_0220/part_0010/section_0160/0330-0220-0010-0160.html"}]},"state_funding_of_providers":{"title":"No defunding law in effect","summary":"Montana has no effective law defunding abortion providers. 2023 laws restricting public funding were permanently enjoined. State funds flow to providers for non-abortion and abortion care through Medicaid.","description":"Montana does not have a law that strips funding from organizations that provide abortions, like some other states do. The state tried to restrict public funding of abortion providers in 2023, but those laws were permanently blocked by a court. Planned Parenthood and other providers continue to receive Medicaid reimbursement for the full range of health services they provide, including abortion care.","verification":"verified","confidence":"medium","sources":[{"name":"Center for Reproductive Rights (secondary)","href":"https://reproductiverights.org/maps/abortion-laws-by-state/montana"}]}}},"penalties":[{"actor":"Physician (violating viability ban)","offense":"Performing abortion on viable fetus not necessary to preserve life/health of mother","penalty":"Felony: fine up to $1,000, prison up to 5 years, or both (§ 50-20-112(2))","verification":"verified","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0090/0500-0200-0010-0090.html"}]},{"actor":"Physician (violating D&X/partial-birth ban)","offense":"Purposely, knowingly, or negligently causing a partial-birth abortion","penalty":"Felony: fine up to $50,000, prison 5-10 years, permanent license revocation (§ 50-20-401(4))","verification":"verified","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/2024/mca/title_0500/chapter_0200/part_0040/section_0010/0500-0200-0040-0010.html"}]},{"actor":"Provider (documentation/reporting violations)","offense":"Violation of abortion reporting and documentation requirements (§ 50-20-110)","penalty":"Misdemeanor: fine up to $500, jail up to 6 months; plus unprofessional conduct — license suspension up to 1 year","verification":"verified","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0100/0500-0200-0010-0100.html"}]},{"actor":"Provider (parental notice violation)","offense":"Performing abortion on minor under 16 without required 48-hour parental notice","penalty":"Misdemeanor: fine and jail up to 6 months; prima facie evidence of professional violation (§§ 50-20-229, 50-20-232)","verification":"verify_before_publication","sources":[{"name":"Montana DOJ Advisory","href":"https://dojmt.gov/montana-departments-of-justice-public-health-and-human-services-issue-advisory-clarifying-state-of-parental-notification-of-abortion-act"}]},{"actor":"Pregnant woman","offense":"None — expressly exempt from all penalties under abortion chapter","penalty":"No penalty may be imposed (§ 50-20-112(4)(a))","verification":"verified","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0120/0500-0200-0010-0120.html"}]},{"actor":"Third party (fetal homicide — not abortion context)","offense":"Purposely or knowingly causing death of a fetus of another with knowledge of pregnancy","penalty":"Deliberate homicide: death, life imprisonment, or 10-100 years (§ 45-5-102(2))","verification":"verified","sources":[{"name":"Montana Legislature","href":"https://mca.legmt.gov/bills/mca/title_0450/chapter_0050/part_0010/section_0020/0450-0050-0010-0020.html"}]}],"recent_changes":[{"date":"2022-06-24","event":"Dobbs v. Jackson Women's Health Organization decided by U.S. Supreme Court, overturning Roe v. Wade. Montana's abortion protections remain intact under state constitutional law (Armstrong).","sources":[{"name":"U.S. Supreme Court","href":"https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf"}]},{"date":"2023-05-12","event":"Montana Supreme Court in Weems v. State permanently enjoins physician-only abortion law, holding APRNs may provide abortion care consistent with their scope of practice.","sources":[{"name":"Montana Free Press","href":"https://montanafreepress.org/2023/05/12/montana-supreme-court-upholds-ruling-that-allows-some-nurses-to-provide-abortions"}]},{"date":"2023-05-16","event":"Governor Gianforte signs HB 544, HB 862, HB 937, and HB 721 (D&E ban). All are challenged and preliminarily enjoined within weeks."},{"date":"2024-08-14","event":"Montana Supreme Court strikes down Parental Consent for Abortion Act (2013) as violating minors' privacy and equal protection rights under the Montana Constitution in Planned Parenthood v. State, 2024 MT 178.","sources":[{"name":"Justia","href":"https://law.justia.com/cases/montana/supreme-court/2024/da-23-0272-0.html"}]},{"date":"2024-10-09","event":"Montana Supreme Court affirms preliminary injunction against Medicaid abortion restrictions (HB 544, HB 862, DPHHS rule) in Planned Parenthood v. State, 2024 MT 228.","sources":[{"name":"Justia","href":"https://law.justia.com/cases/montana/supreme-court/2024/da-23-0287.html"}]},{"date":"2024-11-05","event":"Montana voters approve CI-128, the Right to Abortion Initiative, amending the Montana Constitution to explicitly protect the right to make and carry out decisions about pregnancy, including the right to abortion. Passes with approximately 57% support.","sources":[{"name":"Ballotpedia","href":"https://ballotpedia.org/Montana_CI-128,_Right_to_Abortion_Initiative_(2024)"}]},{"date":"2025-03-10","event":"Montana District Court permanently enjoins D&E ban (§ 50-20-1003) and direct-to-patient telehealth medication abortion restrictions, ruling both violate the Montana Constitution.","sources":[{"name":"Planned Parenthood (press release)","href":"https://www.plannedparenthood.org/about-us/newsroom/press-releases/in-win-for-montanans-district-court-strikes-down-two-abortion-bans"}]},{"date":"2025-03-11","event":"Montana District Court permanently enjoins HB 544, HB 862, and DPHHS rule restricting Medicaid coverage of abortion.","sources":[{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/maps/abortion-laws-by-state/montana"}]},{"date":"2025-06-09","event":"Montana Supreme Court in Knudsen (2025 MT 120) affirms permanent injunction of 20-week abortion ban, telemedicine ban, 24-hour waiting period, biased counseling mandate, and ultrasound requirement, holding all violate Montana's constitutional right to privacy.","sources":[{"name":"FindLaw","href":"https://caselaw.findlaw.com/court/mt-supreme-court/117373154.html"}]},{"date":"2025-07-01","event":"CI-128 takes effect, adding Article II, Section 36 to the Montana Constitution — the explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion, and protection for helpers.","sources":[{"name":"Montana Legislature","href":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html"}]},{"date":"2025-07-03","event":"U.S. Supreme Court denies certiorari in Montana v. Planned Parenthood of Montana, leaving in place the Montana Supreme Court's decision striking down the parental consent law.","sources":[{"name":"U.S. Supreme Court","href":"https://www.supremecourt.gov/opinions/24pdf/24-745_7758.pdf"}]}],"pending_changes":[{"name":"Planned Parenthood v. State (Medicaid restrictions appeal)","type":"litigation","status":"State's appeal of permanent injunction against HB 544, HB 862, and DPHHS rule pending before Montana Supreme Court","effect":"If reversed, Montana Medicaid would no longer cover abortion beyond Hyde minimums (life, rape, incest), would require prior authorization, and would exclude APCs from performing Medicaid-reimbursed abortions.","sources":[{"name":"Montana Legislature Litigation Update","href":"https://archive.legmt.gov/content/Committees/Interim/2025-2026/Legislative-Council/October_28-29_2025/2.2_Oct_2025_Litigation_update_for_Leg_Council.pdf"}]},{"name":"All Families Healthcare v. Montana (HB 937 clinic licensure appeal)","type":"litigation","status":"State's appeal of preliminary injunction against abortion clinic licensure law pending; Montana Supreme Court affirmed preliminary injunction, merits remain at district court","effect":"If HB 937 takes effect, abortion clinics providing medication abortion to 5+ patients annually or performing any procedural abortion would need a special state license and comply with facility requirements modeled on ambulatory surgical centers.","sources":[{"name":"Montana Legislature / CourtHouse News","href":"https://courthousenews.com/montana-supreme-court-keeps-abortion-clinic-restrictions-on-ice"}]},{"name":"Challenge to Parental Notice of Abortion Act (LR-120)","type":"litigation","status":"Constitutional challenge pending in Montana district court; state seeks dismissal","effect":"If the Notice Act is struck down, no parental involvement would be required for minors seeking abortion in Montana. If upheld, the 48-hour notice requirement for minors under 16 remains.","sources":[{"name":"Daily Montanan","href":"https://dailymontanan.com/2026/01/16/state-seeks-dismissal-of-lawsuit-over-parental-notification"}]},{"name":"State appeal of D&E ban permanent injunction","type":"litigation","status":"State's appeal of permanent injunction against D&E ban (§ 50-20-1003) pending before Montana Supreme Court, fully briefed and submitted","effect":"If reversed, D&E — the most common second-trimester abortion method — would be criminalized as a felony with fines up to $50,000, 5-10 years prison, and license suspension.","sources":[{"name":"Montana Legislature Litigation Update","href":"https://archive.legmt.gov/content/Committees/Interim/2025-2026/Legislative-Council/October_28-29_2025/2.2_Oct_2025_Litigation_update_for_Leg_Council.pdf"}]},{"name":"Potential legislative response to CI-128","type":"legislation","status":"2025 session saw relatively few abortion bills pass; HB 609 (abortion trafficking) died. Future sessions may see renewed attempts at restrictions framed as 'regulation' permitted under CI-128's post-viability language.","effect":"The legislature may attempt to enact post-viability regulations or provider regulations that survive the 'compelling state interest' standard under CI-128, but the constitutional amendment makes outright pre-viability bans or burdens extremely difficult to sustain.","sources":[{"name":"Montana Free Press","href":"https://montanafreepress.org/2025/03/14/republican-lawmakers-struggle-to-find-footing-after-passage-of-abortion-rights-amendment"}]}],"key_authorities":[{"name":"Montana Constitution, Article II, Section 36 (CI-128)","citation":"Mont. Const. art. II, § 36","type":"constitution","url":"https://archive.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0360/0000-0020-0010-0360.html","why":"Explicit state constitutional right to abortion, effective July 1, 2025; protects pre-viability abortion access, post-viability health/life exceptions, and helpers."},{"name":"Montana Constitution, Article II, Section 10","citation":"Mont. Const. art. II, § 10","type":"constitution","url":"https://mca.legmt.gov/bills/mca/title_0000/article_0020/part_0010/section_0100/0000-0020-0010-0100.html","why":"The foundational privacy provision interpreted in Armstrong to protect procreative autonomy; continues to provide independent protection alongside CI-128."},{"name":"Armstrong v. State (1999)","citation":"Armstrong v. State, 1999 MT 261, 296 Mont. 361, 989 P.2d 364","type":"case","url":"https://reproductiverights.org/maps/abortion-laws-by-state/montana","why":"Established that Montana's constitutional right to privacy protects procreative autonomy including abortion, requiring strict scrutiny for all restrictions."},{"name":"Planned Parenthood v. State (Knudsen) (2025)","citation":"Planned Parenthood of Mont. v. State by & through Knudsen, 2025 MT 120, 570 P.3d 51","type":"case","url":"https://caselaw.findlaw.com/court/mt-supreme-court/117373154.html","why":"Sweeping 2025 decision permanently striking down 20-week ban, telemedicine ban, waiting period, counseling mandate, and ultrasound requirement."},{"name":"Planned Parenthood v. State (parental consent) (2024)","citation":"Planned Parenthood v. State, 2024 MT 178, cert. denied, 145 S. Ct. 2627 (2025)","type":"case","url":"https://law.justia.com/cases/montana/supreme-court/2024/da-23-0272-0.html","why":"Struck down parental consent requirement as violating minors' privacy and equal protection rights; U.S. Supreme Court denied review."},{"name":"Weems v. State (2023)","citation":"Weems v. State, 2023 MT 82, 412 Mont. 132, 529 P.3d 798","type":"case","url":"https://montanafreepress.org/2023/05/12/montana-supreme-court-upholds-ruling-that-allows-some-nurses-to-provide-abortions","why":"Permanently enjoined physician-only restriction; APRNs may provide abortion care consistent with their scope of practice."},{"name":"Montana Abortion Control Act — Viability Ban","citation":"Mont. Code Ann. § 50-20-109","type":"statute","url":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0090/0500-0200-0010-0090.html","why":"The operative statutory ban: prohibits abortion after viability unless to preserve life/health, defines who may perform abortions."},{"name":"Montana Abortion Control Act — Penalties & Woman Exemption","citation":"Mont. Code Ann. § 50-20-112","type":"statute","url":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0120/0500-0200-0010-0120.html","why":"Establishes all penalties under the abortion chapter and contains the express exemption of the pregnant woman from all penalties."},{"name":"Partial-Birth Abortion Ban","citation":"Mont. Code Ann. § 50-20-401","type":"statute","url":"https://mca.legmt.gov/bills/2024/mca/title_0500/chapter_0200/part_0040/section_0010/0500-0200-0040-0010.html","why":"The only method-specific ban currently in effect; criminalizes intact D&X with life exception."},{"name":"Fetal Homicide and Exemptions","citation":"Mont. Code Ann. §§ 45-5-102(1)(c), 45-5-116","type":"statute","url":"https://law.justia.com/codes/montana/title-45/chapter-5/part-1/section-45-5-116","why":"Defines deliberate homicide of a fetus while expressly exempting abortion, medical treatment, and the pregnant woman."},{"name":"Qualified Health Plan Abortion Coverage Restriction","citation":"Mont. Code Ann. § 33-22-116","type":"statute","url":"https://archive.legmt.gov/bills/mca/title_0330/chapter_0220/part_0010/section_0160/0330-0220-0010-0160.html","why":"Restricts ACA exchange plan coverage of abortion to cases of life endangerment, rape, or incest."},{"name":"Strzelczyk v. Jett (1994)","citation":"Strzelczyk v. Jett, No. 93-173 (Mont. 1994)","type":"case","url":"https://law.justia.com/cases/montana/supreme-court/1994/59ddbbe3-5ef3-47e7-a857-dd37305e4248.html","why":"Recognized wrongful-death claim for stillborn fetus under Montana civil law, while expressly distinguishing abortion."},{"name":"LR-120, Parental Notification of Abortion Act (2012)","citation":"Mont. Code Ann. §§ 50-20-221 to -235","type":"ballot_measure","url":"https://dojmt.gov/montana-departments-of-justice-public-health-and-human-services-issue-advisory-clarifying-state-of-parental-notification-of-abortion-act","why":"Voter-enacted law requiring 48-hour parental notice before abortion for minors under 16; the only parental-involvement law currently in effect."},{"name":"Planned Parenthood v. State (Medicaid) (2024)","citation":"Planned Parenthood v. State, 2024 MT 228, 418 Mont. 253, 557 P.3d 440","type":"case","url":"https://law.justia.com/cases/montana/supreme-court/2024/da-23-0287.html","why":"Upheld preliminary injunction against Medicaid abortion restrictions, affirming that limiting coverage likely violates the Montana Constitution."},{"name":"Abortion Reporting Requirements","citation":"Mont. Code Ann. § 50-20-110","type":"statute","url":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0200/part_0010/section_0100/0500-0200-0010-0100.html","why":"Requires facilities and providers to document and report each abortion; violation is a misdemeanor."}],"research_notes":{"overall_confidence":"high","editor_notes":"Before publication: (1) Verify the current appellate status of the permanent injunction in Planned Parenthood v. Montana (ADV-2023-299) from the Montana Supreme Court docket. (2) Verify whether the state's appeal of the D&E ban permanent injunction has been decided. (3) Confirm the status of the district court challenge to the Parental Notice Act (LR-120). (4) Check whether any 2026 ballot measures affecting CI-128 have qualified. (5) The Montana Code Annotated online version disclaims that the printed version prevails; cross-check key statutes against the latest print or official online edition. (6) Federal Medicaid defunding developments may alter the practical funding landscape independently of state law.","gaps":["Specific text of the Parental Notice Act (LR-120) provisions as currently codified in the MCA is difficult to isolate due to the complex repeal-and-revival history; the Montana DOJ advisory confirms the operative sections but a direct statutory read of each section from the official code would improve certainty.","Whether Montana's wrongful-death holding in Strzelczyk extends to pre-viability stillbirths — the case involved a full-term stillbirth and the court emphasized its fact-specific nature.","The exact procedural posture of the appeal of the permanent injunction in the Medicaid funding case (Planned Parenthood v. Montana, No. ADV-2023-299) — confirmed as appealed but exact docket status not verified from a court docket.","Potential interaction between CI-128's health exception and the dual-physician certification requirement for post-viability health-based abortions — not yet litigated.","The effect of the 2025 federal budget reconciliation law's restrictions on Medicaid reimbursement to Planned Parenthood on Montana Medicaid enrollees' access to abortion.","Whether § 1-2-117 (2023 legislative redefinition of privacy to exclude abortion) has any legal effect after CI-128's constitutional amendment — almost certainly it does not, but no court has formally struck it down."]}}