State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
North Dakota prohibits abortion at all stages, with exceptions for death or serious health risk and for rape/incest through six weeks, enforced since November 21, 2025.
N.D.C.C. § 12.1-19.1-02 · Access Independent Health Services, Inc. v. Wrigley, 2025 ND 26 · N.D. Const. art. VI, § 4
North Dakota's law contains significant internal contradictions regarding fetal personhood. The Abortion Control Act defines human being to include the unborn from fertilization to full gestation (N.D.C.C. § 14-02.1-02(7)), and its stated purpose is to protect every human life whether unborn or aged, healthy or sick (§ 14-02.1-01). Yet the criminal abortion ban itself (ch.
N.D.C.C. §§ 12.1-17.1-01(2), 12.1-17.1-07 · N.D.C.C. § 14-02.1-02(7)
An unemancipated minor under 18 must obtain written consent from both parents (or the surviving/custodial parent or guardian) before an abortion, with a judicial bypass available.
A provision requiring written spousal consent for post-viability abortions remains in the Abortion Control Act, though likely unenforceable under federal precedent.
| Actor | Offense | Penalty |
|---|---|---|
| Physician performing prohibited abortion | Performing abortion in violation of N.D.C.C. § 12.1-19.1-02 | Class C felony: up to 5 years imprisonment, $10,000 fine, or both; plus medical board discipline |
| Non-physician performing abortion | Performing abortion without being a licensed physician | Class B felony: up to 10 years imprisonment, $20,000 fine, or both |
| Physician violating Abortion Control Act procedures | Performing abortion without complying with admitting privileges, ultrasound offer, or other ch. 14-02.1 requirements | Class A misdemeanor: up to 360 days imprisonment, $3,000 fine, or both |
| Person violating public funding or insurance restrictions | Violating ch. 14-02.3 (public funds for abortion, insurance restrictions, government hospital ban) | Class B misdemeanor: up to 30 days imprisonment, $1,500 fine, or both |
| Pregnant woman | None (expressly exempt from abortion crime; excluded from fetal homicide person definition) | No criminal or civil penalty under abortion ban or fetal homicide law |
No active bills with realistic prospects
Legislation · The 2025 legislative session has concluded.
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.
No active abortion litigation with realistic prospects of material change
Litigation · The North Dakota Supreme Court's November 2025 merits decision in Access Independent Health Services v.
No realistic prospect of immediate change through litigation.
No abortion-related ballot measure qualified for 2026
Ballot measure · As of July 2026, no abortion-related ballot measure has qualified for the North Dakota ballot.
No abortion-rights or personhood ballot measure is pending.
The operative near-total abortion ban, enacted in 2023, making abortion a class C felony with exceptions for life, serious health risk, and rape/incest at ≤6 weeks.
Regulates the circumstances under which lawful abortion may be performed: informed consent, 24-hour waiting period, ultrasound offer, admitting privileges, parental consent, and personhood definitions.
The constitutional provision on which the plaintiffs in Wrigley v.
Requires four of five justices to declare a statute unconstitutional; the rule that caused the abortion ban to be upheld despite three justices finding it unconstitutional.
Held that the state constitution protects a fundamental right to abortion to preserve life or health; prompted the legislature to repeal the trigger ban and enact the current ch.
Generated from the structured legal focused deep-research record for ND (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 North Dakota survey. This document has not been reviewed by a lawyer and should not be used as legal advice.