Abhortion · State legal snapshot

North Dakota

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…

Provider ban As of12 Jul 2026 Research completed12 Jul 2026 Confidence●●● High

§ I · Gestational limit

✓ Provider ban · every stage · mother exempt
0481216202428323640 wk

│ 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

ActorOffensePenalty Physician performing…Performing abortion in violation of N.D.C.C. §…Class C felony: up to 5 years imprisonment, $10,000 fine, or… Non-physician performing…Performing abortion without being a licensed…Class B felony: up to 10 years imprisonment, $20,000 fine, or both Physician violating Abortion…Performing abortion without complying with…Class A misdemeanor: up to 360 days imprisonment, $3,000 fine, or… Person violating public…Violating ch. 14-02.3 (public funds for abortion,…Class B misdemeanor: up to 30 days imprisonment, $1,500 fine, or… Pregnant womanNone (expressly exempt from abortion crime;…No criminal or civil penalty under abortion ban or fetal homicide…
Abhortion · State legal snapshot · North DakotaNot legal advice — verify citations before reliance · 1 / 2

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

3 Aug 2022◆

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 lawVerified Life of the pregnant personLife exception: reasonable medical judgment…◐✓ Physical healthPhysical health: serious health risk exception◐✓ Mental healthMental health: expressly excluded✓✓ RapeRape: up to 6 weeks gestational age◐✓ IncestIncest: same 6-week limit as rape exception◐✓ Fatal fetal anomalyNo fetal anomaly exception✓✓ Miscarriage · ectopic careEctopic, molar, and miscarriage 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 · 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

● Conflicting authority — N.D.C.C. § 14-02.3-01(3) restricts state funds to life-of-the-mother only, but the Medicaid policy manual covers rape and incest as well, likely reflecting federal Hyde Amendment…

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

Legislation

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.

Litigation

No 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 measure

No 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

◐ Semi-verified — confirm at sourceSpousal enforceability · Out-of-state travel
○ Verify before publicationMailing pills · The November 2025 North Dakota Supreme Court merits opinion (reversing the district court) was not directly retrieved in full text; its holdings are…
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