Abhortion · State legal snapshot
Total ban, exceptions for life/health and rape/incest ≤6 weeks. North Dakota prohibits abortion at all stages, with exceptions for death or serious health risk and for rape/incest through six weeks, enforced since…
§ I · Gestational limit
│ Total ban; life/health and rape/incest exceptions · N.D.C.C. § 12.1-19.1-02
§ II · Restriction inventory — 15 checked, 10 in force
✓Provider ban · all stagesIn force
◐1 in-person visitIn force
●Method-specific banNone (state)
◐Physician-only lawIn force
✓Two-parent consentIn force
✓Telehealth prescribing banIn force
◐24-hour waiting periodIn force
◐Spousal consent or noticeOn the books
●Abortion trafficking lawNone
◐Scripted counselingIn force
●Civil bounty (SB8-style)None
✓Private insurance restrictionIn force
◐Mandatory ultrasoundOffered view
○Pill-mailing banUnclear
●Self-managed abortion crimeNone
§ III · Access
Criminal exposure
Procedure
Coverage & interstate
Available now
No
Pregnant person
Expressly exempt
Waiting period
24 hours
Medicaid
Hyde only
Medication · telehealth
Legal · telehealth barred
Self-managed
Not a crime
Compelled visits
1 in person
Private insurance
Restricted
Who may perform
Physicians only
Provider max penalty
Class C felony, up to 5 years…
Minors
Two-parent consent
Shield state
No
Mailing pills
Unclear
Fetal homicide law
Yes · abortion carved out
Judicial bypass
Available
Major pending change
None noted
✓ 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 banned — governing authorities
N.D.C.C. ch. 12.1-19.1 – Criminal Abortion Ban (SB 2150), N.D.C.C. §§ 12.1-19.1-01 through… — The operative near-total abortion ban, enacted in 2023, making abortion a class C…
■N.D.C.C. ch. 14-02.1 – Abortion Control Act, N.D.C.C. §§ 14-02.1-01 through 14-02.1-07 — Regulates the circumstances under which lawful abortion may be performed: informed…
■N.D. Const. art. I, § 1 – Inalienable Rights, N.D. Const. art. I, § 1 — The constitutional provision on which the plaintiffs in Wrigley v.
“It is a class C felony for a person, other than the pregnant female upon whom the abortion was performed, to perform an abortion.”— N.D.C.C. § 12.1-19.1-02
Fetal personhood — how the contradiction is walled off
✓ N.D.C.C. § 14-02.1-02(7)
“"Human being" means an individual living member of the species of homo sapiens, including the unborn human being during the entire embryonic and fetal ages from…”
Human being includes unborn from fertilization
→
● Exempt · pregnant woman
Pregnant woman: expressly exempt from abortion crime
● Carved out · abortion
Abortion is not chargeable under the homicide statutes.
✓ Reached · third parties
Fetal homicide from conception; abortion exception
North Dakota's law contains significant internal contradictions regarding fetal personhood. Wrongful death: Wrongful death for viable unborn child.
§ V · Criminal exposure by actor
●
Pregnant woman
Pregnant woman: expressly exempt from…
✓
Physician
Physician: class C felony, 5 years,…
✓
Non-physician prescriber
Non-physician prescriber: class B felony
○
Helpers · funds
Helpers: risk under general accomplice,…
●
Travel helpers
No travel ban; travel assistance not…
●
Civil bounty
No SB8-style civil bounty law
✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical
Penalties on the books — top 5
§ VI · How the law got here ● court ■ statute ◆ executive / agency
Red River Women's Clinic, North Dakota's sole abortion provider, relocates from Fargo to Moorhead, Minnesota,…
16 Mar 2023●North Dakota Supreme Court in Wrigley v.
24 Apr 2023■Governor Doug Burgum signs SB 2150, enacting N.D.C.C. ch.
12 Sep 2024●Burleigh County District Court Judge Bruce Romanick grants summary judgment for plaintiffs, declaring N.D.C.C. ch.
24 Jan 2025●North Dakota Supreme Court denies State's motion to stay the district court's injunction pending appeal, finding the…
12 Feb 2025◆Four abortion-related bills fail in the North Dakota House: personhood bill HB 1373 (defeated 77-16), 15-week…
21 Nov 2025◆North Dakota Supreme Court issues final merits decision reversing the district court and upholding the abortion ban.
16 Jan 2026◆Attorney General Drew Wrigley issues a cease-and-desist order against Prairie Abortion Fund under the Consumer Fraud…
§ VII · Exceptions matrix
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 · Interstate & helpers
✓ No shield law
No shield law; hostile enforcement posture
● Travel unrestricted
Out-of-state travel: lawful; no extraterritorial statute
✓ Telehealth prescribing barred
Telehealth prescribing effectively barred
○ Pill mailing unclear
Mailing pills: targeted via consumer fraud; no specific…
○ Funding help unclear
Funding assistance: consumer fraud enforcement against…
○ Providing information
Information provision: First Amendment limits; AG…
Interstate postureNorth Dakota has no shield law protecting abortion providers or patients from other states' investigations; the AG has taken an active enforcement posture against in-state entities facilitating…
§ IX · Who pays
Medicaid: Hyde Amendment only (life, rape,…
Life
Hyde · federal
Rape
Hyde · federal
Incest
Hyde · federal
Beyond Hyde
Not covered
Private insurance: abortion coverage only by optional rider
Exchange plans subject to same rider requirement
✓State defunds abortion providers and referral
§ X · Pending changes status and effect as recorded — no forecast
No active bills with realistic prospectsThe 2025 legislative session has concluded. All abortion-related bills — including HB 1373 (personhood), HB…
No legislative changes to the abortion landscape are currently pending. The next regular session is in 2027, though a special session could theoretically be called.
LitigationNo active abortion litigation with realistic prospects of…The North Dakota Supreme Court's November 2025 merits decision in Access Independent Health Services v.…
No realistic prospect of immediate change through litigation.
Ballot measureNo abortion-related ballot measure qualified for 2026As of July 2026, no abortion-related ballot measure has qualified for the North Dakota ballot. The three…
No abortion-rights or personhood ballot measure is pending.
§ XI · Key authorities ● case ■ statute ◆ agency
■N.D.C.C. ch. 12.1-19.1 – Criminal Abortion Ban (SB… N.D.C.C. §§ 12.1-19.1-01 through 12.1-19.1-03
■N.D.C.C. ch. 14-02.1 – Abortion Control Act N.D.C.C. §§ 14-02.1-01 through 14-02.1-07
■N.D. Const. art. I, § 1 – Inalienable Rights N.D. Const. art. I, § 1
■N.D. Const. art. VI, § 4 – Supermajority Rule N.D. Const. art. VI, § 4
●Wrigley v. Romanick 2023 ND 50, 988 N.W.2d 231
●Access Independent Health Services v. Wrigley (Stay… 2025 ND 26
●Access Independent Health Services v. Wrigley (Merits) 2025 ND ___ (Nov. 21, 2025)
■N.D.C.C. ch. 12.1-17.1 – Fetal Homicide N.D.C.C. §§ 12.1-17.1-01 through 12.1-17.1-08
●Hopkins v. McBane 359 N.W.2d 862 (N.D. 1984)
■N.D.C.C. ch. 14-02.3 – Limitation of Abortion… N.D.C.C. §§ 14-02.3-01 through 14-02.3-05
■N.D.C.C. § 14-02.1-03.1 – Parental Consent / Judicial… N.D.C.C. § 14-02.1-03.1
◆North Dakota Medicaid Abortion Policy (July 2025) ND HHS Billing and Policy Manual – Abortion