State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Abortion is constitutionally protected in Montana and legal until fetal viability, presumed at 24 weeks gestational age, with a life/health exception after viability.
Mont. Const. art. II, § 36 · Armstrong v. State, 1999 MT 261, 296 Mont. 361, 989 P.2d 364 · Mont. Code Ann. § 50-20-109
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)).
Mont. Code Ann. § 45-5-116(1) · Mont. Code Ann. § 45-5-102(1)(c) · Mont. Code Ann. § 50-20-102(e)
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.
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 The repealed § 50-20-107 formerly addressed spousal consent but no longer exists.
| Actor | Offense | Penalty |
|---|---|---|
| Physician (violating viability ban) | Performing abortion on viable fetus not necessary to preserve life/health of mother | Felony: fine up to $1,000, prison up to 5 years, or both (§ 50-20-112(2)) |
| Physician (violating D&X/partial-birth ban) | Purposely, knowingly, or negligently causing a partial-birth abortion | Felony: fine up to $50,000, prison 5-10 years, permanent license revocation (§ 50-20-401(4)) |
| Provider (documentation/reporting violations) | Violation of abortion reporting and documentation requirements (§ 50-20-110) | Misdemeanor: fine up to $500, jail up to 6 months; plus unprofessional conduct — license suspension up to 1 year |
| Provider (parental notice violation) | Performing abortion on minor under 16 without required 48-hour parental notice | Misdemeanor: fine and jail up to 6 months; prima facie evidence of professional violation (§§ 50-20-229, 50-20-232) |
| Pregnant woman | None — expressly exempt from all penalties under abortion chapter | No penalty may be imposed (§ 50-20-112(4)(a)) |
Planned Parenthood v. State (Medicaid restrictions appeal)
Litigation · State's appeal of permanent injunction against HB 544, HB 862, and DPHHS rule pending before Montana Supreme Court
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.
All Families Healthcare v. Montana (HB 937 clinic licensure appeal)
Litigation · State's appeal of preliminary injunction against abortion clinic licensure law pending; Montana Supreme Court affirmed preliminary injunction, merits remain at district court
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.
Challenge to Parental Notice of Abortion Act (LR-120)
Litigation · Constitutional challenge pending in Montana district court; state seeks dismissal
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.
Explicit state constitutional right to abortion, effective July 1, 2025; protects pre-viability abortion access, post-viability health/life exceptions, and helpers.
The foundational privacy provision interpreted in Armstrong to protect procreative autonomy; continues to provide independent protection alongside CI-128.
Established that Montana's constitutional right to privacy protects procreative autonomy including abortion, requiring strict scrutiny for all restrictions.
Sweeping 2025 decision permanently striking down 20-week ban, telemedicine ban, waiting period, counseling mandate, and ultrasound requirement.
Struck down parental consent requirement as violating minors' privacy and equal protection rights; U.S. Supreme Court denied review.
Generated from the structured legal focused deep-research record for MT (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 Montana survey. This document has not been reviewed by a lawyer and should not be used as legal advice.