{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-oh","type":"legislation","level":"state","jurisdiction":"Ohio","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Constitutionally protected to viability","summary":"Ohio's constitution protects abortion up to fetal viability (≈22-24 weeks LMP), with post-viability abortion permitted to protect the patient's life or health.","machine_readable_summary":{"legal_classification":"protected_by_constitution","gestational_limit_weeks":22,"limit_measured_from":"last_menstrual_period","abortion_currently_available":"yes","ban_or_limit_enjoined":true,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":"unclear","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":true,"mailing_pills_banned":"unclear","method_bans":["d_and_e","d_and_x"],"telehealth_prescribing_allowed":"unclear","physician_only_law":true,"provider_max_penalty":"Felony 4th degree, 6-18 months; license revocation","helpers_criminally_exposed":"unclear","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":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_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/oh.html","markdown":"https://www.abhortion.org/legislation/oh.md","summary_json":"https://www.abhortion.org/legislation/oh.json","full_json":"https://www.abhortion.org/legislation/oh-full.json","verbose_json":"https://www.abhortion.org/legislation/oh-verbose.json"},"overview":{"title":"Constitutionally protected to viability","summary":"Ohio's constitution protects abortion up to fetal viability (≈22-24 weeks LMP), with post-viability abortion permitted to protect the patient's life or health.","description":"In November 2023, Ohio voters amended the state constitution to guarantee the right to make one's own reproductive decisions, including abortion. Abortion is therefore legal in Ohio up to the point of fetal viability, which is typically around 22 to 24 weeks of pregnancy. After viability, abortion remains legal if the treating physician determines it is necessary to protect the pregnant patient's life or health. The state's previously enacted six-week 'heartbeat' ban is permanently blocked by a court order because it violates this constitutional amendment. Several other pre-existing restrictions — including a 24-hour waiting period, a telehealth ban on medication abortion, and physician-only dispensing rules — are also currently blocked by court orders while litigation continues.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-constitution/section-1.22"},{"name":"Courthouse News / Ohio First District Court of Appeals","href":"https://www.courthousenews.com/wp-content/uploads/2026/01/ohio-coa-abortion-injunction-opinion.pdf"}]},"sections":{"definitions":{"title":"Includes pregnant woman herself","summary":"Ohio defines abortion as purposeful termination of a human pregnancy by any person, including the pregnant woman herself, with intent other than live birth or removal of a dead fetus.","description":"Under Ohio law, the term 'abortion' means the purposeful ending of a human pregnancy by anyone, including the pregnant woman, when the intention is something other than producing a live birth or removing a fetus or embryo that has already died. The law also says that abortion is considered the practice of medicine or surgery. This broad definition means a person who self-manages an abortion could theoretically fall within the law's scope, though specific criminal provisions generally target providers, not the pregnant woman.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.11"},{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.16"}]},"current_status":{"title":"Legal to viability ≈22-24 wks LMP","summary":"Under Ohio's Reproductive Freedom Amendment (effective Dec. 2023), abortion is a constitutional right up to fetal viability; the six-week heartbeat ban is permanently enjoined.","description":"Abortion is currently legal in Ohio up to the point of fetal viability, which is generally between 22 and 24 weeks measured from the first day of the last menstrual period. The physician determines viability on a case-by-case basis. After viability, an abortion must be permitted if the treating physician believes it is needed to protect the pregnant person's life or health. This framework comes from Ohio's Reproductive Freedom Amendment, added to the state constitution by voters in November 2023. The state's previous 'heartbeat' law, which banned abortion after about six weeks, has been permanently blocked by a court and cannot be enforced.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-constitution/section-1.22"},{"name":"Ohio First District Court of Appeals / Courthouse News","href":"https://www.courthousenews.com/wp-content/uploads/2026/01/ohio-coa-abortion-injunction-opinion.pdf"},{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al"}]},"enforcement_status":{"title":"Six-week ban permanently enjoined","summary":"The heartbeat ban (R.C. 2919.195) is permanently enjoined; the state conceded its unconstitutionality under Article I, Section 22; ancillary S.B. 23 provisions partially reinstated on appeal.","description":"Ohio's six-week abortion ban cannot be enforced. A state trial court permanently blocked it in October 2024, and the state's attorney general conceded it is unconstitutional under the new Reproductive Freedom Amendment. An appeals court upheld this core ruling in January 2026. Some related provisions from the same 2019 law — such as certain reporting and documentation requirements — that the trial court had also blocked were partially reinstated by the appeals court and sent back for further proceedings. Separately, Ohio's 24-hour waiting period requirement with mandatory in-person counseling, its ban on telehealth for medication abortion, and its rule limiting medication abortion prescribing to physicians only are all currently blocked by preliminary injunctions while separate lawsuits proceed.","verification":"verified","confidence":"high","sources":[{"name":"Ohio First District Court of Appeals / Courthouse News","href":"https://www.courthousenews.com/wp-content/uploads/2026/01/ohio-coa-abortion-injunction-opinion.pdf"},{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al-waiting-period-challenge"},{"name":"ACLU","href":"https://www.aclu.org/cases/planned-parenthood-southwest-ohio-region-et-al-v-ohio-department-of-health-et-al"}]},"exceptions":{"life":{"title":"Life exception in all bans","type":"life","summary":"Every Ohio abortion restriction contains an exception to prevent the death of the pregnant woman.","description":"Under Ohio law, no abortion restriction can prevent a physician from performing an abortion necessary to save the pregnant patient's life. Even the now-enjoined heartbeat ban contained this exception, requiring a physician's written declaration. The constitutional amendment goes further: post-viability, abortion cannot be prohibited at all if the treating physician determines it is necessary to protect the patient's life or health.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-constitution/section-1.22"},{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.195"}]},"physical_health":{"title":"Physical health exception","type":"physical_health","summary":"Ohio's abortion restrictions include exceptions to prevent serious risk of substantial and irreversible impairment of a major bodily function.","description":"Every significant Ohio abortion restriction contains an exception for the pregnant person's physical health. This is framed as preventing 'a serious risk of the substantial and irreversible impairment of a major bodily function.' Mental health conditions are explicitly excluded from this definition.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.16"}]},"mental_health":{"title":"Not recognized in statutes","type":"mental_health","summary":"Ohio statutes explicitly exclude mental health conditions from the physical-health exception; the constitutional amendment may provide broader protection.","description":"Ohio's abortion restriction statutes do not include a standalone mental health exception. In fact, the laws explicitly say that mental health conditions do not count as a basis for the physical-health exception. However, the state constitutional amendment protects the patient's 'health' without specifying physical only, which could be read more broadly. This tension has not been resolved by Ohio courts.","verification":"verified","confidence":"medium","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.201"}]},"rape":{"title":"Not an abortion ban exception","type":"rape","summary":"Ohio's abortion restrictions do not include a standalone rape or incest exception to the gestational limits; however, rape and incest are relevant to Medicaid and insurance coverage.","description":"Ohio's gestational-limit abortion laws do not contain a rape or incest exception. The heartbeat ban (now enjoined), the 20-week ban, and the post-viability ban have only life and physical-health exceptions. Rape and incest are relevant solely to public funding: under Ohio law, state Medicaid funds may cover abortion in cases of rape or incest reported to law enforcement, in addition to life-endangerment. But being a victim of rape or incest does not by itself create any additional right to abortion under the state's restrictions.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-9.04"}]},"incest":{"title":"Only relevant to public funding","type":"incest","summary":"Incest is not an exception to Ohio's abortion restrictions but is recognized (with law-enforcement report) for purposes of state Medicaid and insurance coverage.","description":"Like rape, incest is not an exception to Ohio's abortion bans or gestational limits. It matters only for public funding: the state will cover abortion through Medicaid if the pregnancy resulted from incest that was reported to law enforcement. Otherwise, the constitutional amendment protects pre-viability abortion regardless of the reason.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-9.04"}]},"fatal_fetal_anomaly":{"title":"No fetal anomaly exception","type":"fatal_fetal_anomaly","summary":"Ohio law does not include a fatal fetal anomaly exception in any abortion restriction; the constitutional amendment protects pre-viability abortion regardless of the reason.","description":"None of Ohio's abortion restriction statutes contains a specific exception for fatal fetal anomalies. Because the state constitution protects the right to abortion before viability regardless of the reason, the absence of this exception does not impose a practical barrier before viability. After viability, abortion is permitted only when necessary to protect the patient's life or health — and a fatal fetal anomaly might meet the health standard depending on the physician's judgment, but there is no specific statutory safe harbor.","verification":"not_applicable","confidence":"high"},"ectopic_miscarriage_carveout":{"title":"Carved out by definition","type":"ectopic_miscarriage_carveout","summary":"Ohio's abortion definition excludes removal of a dead fetus or embryo; ectopic pregnancy treatment is treated as medical management, not abortion.","description":"Treatment for ectopic pregnancy and miscarriage management are not considered 'abortion' under Ohio law. The state's abortion definition expressly excludes procedures done 'to remove a dead fetus or embryo,' which covers miscarriage care. Treatment of ectopic pregnancy — which is a life-threatening condition — has never been treated as abortion under Ohio law and would fall under the life exception even if it were.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.11"},{"name":"Ohio Attorney General","href":"https://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/Heartbeat-Law-Explainer.aspx"}]}},"methods":{"procedural_surgical":{"title":"Legal; D&E and D&X bans on books","summary":"Procedural abortion is legal to viability; Ohio has method-specific bans on D&E (dismemberment) and D&X (partial-birth) abortion, but these are largely moot pre-viability given the constitutional amendment.","description":"Surgical abortion is legal in Ohio up to the point of fetal viability. Two method-specific bans remain on the books: a ban on dilation and evacuation (D&E) abortion, which Ohio calls 'dismemberment feticide,' and a ban on intact dilation and extraction (D&X), called 'partial birth feticide.' Both laws exempt the pregnant woman from prosecution. Both contain exceptions when the procedure is necessary to preserve the mother's life or prevent serious physical impairment. The D&E ban is a fourth-degree felony; the D&X ban is a second-degree felony. Under the constitutional amendment, any enforcement of these bans before viability would be unconstitutional. After viability, they could theoretically apply, subject to the amendment's health and life protections.","verification":"verified","confidence":"medium","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.15"},{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.151"}]},"medication":{"title":"Legal; dispensing rules largely enjoined","summary":"Medication abortion is legal to viability; statutory restrictions on telehealth prescribing, APC prescribing, and FDA labeling compliance are all preliminarily enjoined.","description":"Medication abortion — using mifepristone and misoprostol — is legal in Ohio up to fetal viability. Several Ohio laws that restricted how medication abortion may be provided are currently blocked by court orders. A law requiring the prescribing physician to be physically present when the first dose is taken (effectively banning telehealth) is blocked. A law limiting medication abortion prescribing to physicians only — excluding nurse practitioners, physician assistants, and certified nurse-midwives — is blocked. And a law requiring that mifepristone be used only according to its outdated FDA label (limiting use to 10 weeks) rather than current evidence-based protocols is also blocked. These blocks are preliminary, meaning the litigation is ongoing. In practice, medication abortion is available up to at least 11 weeks based on current evidence.","verification":"verified","confidence":"medium","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.124"},{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.123"},{"name":"ACLU","href":"https://www.aclu.org/cases/planned-parenthood-southwest-ohio-region-et-al-v-ohio-department-of-health-et-al"}]},"self_managed":{"title":"Mother exempt; status unclear","summary":"Multiple statutes expressly exempt the pregnant woman from criminal liability for abortion; she is also exempt from prosecution for obtaining mifepristone for self-use; but the abortion definition includes her and no blanket statutory immunity exists.","description":"The legal status of self-managed abortion in Ohio is unclear. On one hand, several Ohio abortion statutes expressly say the pregnant woman cannot be charged under those laws. The mifepristone distribution law explicitly exempts a pregnant woman who obtains the medication for her own use. The heartbeat ban, the 20-week ban, the post-viability ban, the D&E ban, the D&X ban, and the Down syndrome ban all contain language shielding the pregnant woman from prosecution under those sections. On the other hand, Ohio's definition of abortion explicitly includes 'the pregnant woman herself,' and no single statute provides a universal immunity for self-managed abortion. The state's fetal homicide law includes a carve-out that prevents it from being applied to a pregnant woman for acts during her pregnancy. In practice, there are no known recent prosecutions of women for self-managing an abortion in Ohio, but the statutory framework lacks a clean, universal safe harbor.","verification":"verified","confidence":"low","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2903.09"},{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.198"},{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.123"}]}},"actors":{"who_may_perform":{"title":"Physician-only; APC restrictions enjoined","summary":"Ohio law requires only licensed physicians to perform or prescribe abortions; restrictions barring advanced practice clinicians from medication abortion are preliminarily enjoined.","description":"Under Ohio statutes still on the books, only licensed physicians may perform abortions or prescribe abortion medications. However, a court order currently blocks enforcement of the law as applied to advanced practice clinicians — such as nurse practitioners, physician assistants, and certified nurse-midwives — for medication abortion. This means that, in practice, APCs can currently provide medication abortion in Ohio while the litigation continues. For surgical abortion, the physician-only restriction remains in effect and is not currently enjoined. Additionally, Ohio law requires that surgical abortions be performed in ambulatory surgical facilities that have a written transfer agreement with a local hospital.","verification":"verified","confidence":"medium","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.123"},{"name":"ACLU","href":"https://www.aclu.org/cases/planned-parenthood-southwest-ohio-region-et-al-v-ohio-department-of-health-et-al"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt; low risk","summary":"Multiple Ohio abortion statutes expressly exempt the pregnant woman from criminal and civil liability; the homicide code also shields her.","description":"The pregnant woman is expressly shielded from prosecution under every major Ohio abortion statute. The laws banning abortion after detection of a fetal heartbeat, at 20 weeks post-fertilization, post-viability, for Down syndrome, and using D&E or D&X methods all explicitly state that the pregnant woman is not guilty of violating those sections, nor of attempting, conspiring, or being complicit in a violation. She is also shielded from civil penalties under these laws. The homicide code similarly prevents prosecution of a pregnant woman for acts during pregnancy that cause fetal death. The medication abortion law explicitly permits a pregnant woman to obtain and possess mifepristone for her own use. In practice, the risk of prosecution for obtaining or self-managing an abortion is low.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.198"},{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2901.01"}]},"physician":{"title":"Felony exposure; license revocation","summary":"Physicians face felony charges (F4 or F5 depending on the provision), mandatory license revocation, and civil liability for violating abortion restrictions.","description":"Physicians who perform abortions in violation of Ohio law face serious consequences. The now-enjoined heartbeat ban carried a fifth-degree felony penalty (6-12 months imprisonment). Violating the 20-week ban or the post-viability ban is a fourth-degree felony (6-18 months). Violating the D&E ban, Down syndrome ban, or medication abortion restrictions is a fourth-degree felony. The D&X (partial-birth) ban carries a second-degree felony (2-8 years). In addition to imprisonment, Ohio law mandates automatic revocation of a physician's medical license for violating the 20-week ban, post-viability ban, or Down syndrome ban. Physicians also face civil liability for compensatory and exemplary damages.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.201"},{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.195"}]},"prescriber_pharmacist":{"title":"Felony exposure for non-physicians","summary":"Non-physician prescribers and pharmacists face felony exposure for distributing abortion medication; the APC prohibition is currently preliminarily enjoined for medication abortion.","description":"Under Ohio statutes, non-physician prescribers — such as nurse practitioners and physician assistants — who provide mifepristone could face felony charges (fourth-degree felony, up to 18 months). Pharmacists who dispense abortion medication in violation of the law also face this exposure. However, court orders currently block enforcement of these restrictions against advanced practice clinicians for medication abortion. Pharmacists filling prescriptions for mifepristone from out-of-state telehealth providers face uncertain exposure; Ohio's telehealth ban on medication abortion is also currently blocked by a court order.","verification":"verified","confidence":"medium","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.123"}]},"nurses_and_staff":{"title":"Limited exposure; statutory exemption","summary":"Clinic staff acting at the direction of a physician are expressly exempt from D&E ban prosecution; exposure under other abortion statutes is theoretically possible but practically unlikely.","description":"Under Ohio's D&E ban, clinic staff who act at the direction of the physician are expressly exempt from prosecution. The D&X ban exempts the pregnant woman only. For other abortion restrictions, staff could theoretically face accomplice liability, but Ohio's criminal code provides that a pregnant woman cannot be guilty of complicity in abortion violations against herself, and staff acting within the scope of employment are unlikely to be independently prosecuted. In practice, Ohio has not pursued clinic staff for assisting with abortion procedures.","verification":"verified","confidence":"medium","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.15"}]},"other_helpers":{"title":"Unclear; constitutional shield","summary":"No Ohio statute expressly criminalizes friends, family, or abortion funds for helping someone obtain an abortion; the constitutional amendment protects 'a person or entity that assists.'","description":"Ohio law does not specifically criminalize friends, family members, or abortion funds who help a pregnant person obtain an abortion — for example, by driving them to a clinic, providing money, or offering emotional support. The state constitutional amendment explicitly protects any 'person or entity that assists an individual exercising' their reproductive rights. There are no Ohio 'abortion trafficking' laws that criminalize helping someone travel out of state for an abortion (the existing R.C. 2919.14 statute only prohibits experimenting on or selling aborted fetal tissue). However, because Ohio's legal landscape is in flux, helpers should be aware that theoretically, general accomplice or conspiracy laws could be invoked, though this has not occurred in practice.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-constitution/section-1.22"},{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.14"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"Not criminalized","summary":"Ohio has no law criminalizing assistance with out-of-state travel for abortion; the existing 'abortion trafficking' statute addresses only fetal-tissue commerce.","description":"It is not a crime in Ohio to help someone travel to another state for an abortion. The state's 'abortion trafficking' law is a misleading name — it only prohibits experimenting on or selling aborted fetal tissue, and has nothing to do with travel. There are no Ohio laws that prevent an employer, friend, family member, or abortion fund from paying for or arranging travel to obtain abortion care. However, a bill pending in the legislature (HB 928) would expand the abortion trafficking statute, though its current text focuses on the sale of fetal remains, not travel assistance.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.14"}]},"funding":{"title":"Not criminalized; constitutional shield","summary":"No Ohio law criminalizes paying for an abortion or abortion-related travel; the constitutional amendment protects those who assist.","description":"Paying for someone else's abortion, or contributing to an abortion fund, is not a crime in Ohio. The state constitution protects anyone who helps another person exercise their reproductive rights. However, state law prohibits using public funds (state or local government money) to pay for 'nontherapeutic abortions' or for health insurance plans that cover them. Private funding — through abortion funds, personal gifts, or employer benefits — is not restricted by criminal law.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-9.04"}]},"mailing_pills":{"title":"Enjoined telehealth ban; no mailing statute","summary":"Ohio has no standalone statute prohibiting mailing abortion pills; the in-person dispensing requirement (effectively a telehealth ban) is preliminarily enjoined.","description":"Ohio does not have a specific law that criminalizes sending or receiving abortion pills through the mail. Instead, Ohio's restriction operated through a requirement that the prescribing physician be physically present when the patient takes the first dose — effectively banning telehealth prescribing and mailing. That requirement is currently blocked by a court order. Federal law (FDA regulation of mifepristone) permits mailing under a Risk Evaluation and Mitigation Strategy, but this remains subject to ongoing federal litigation. In practice, Ohio residents can receive abortion medication by mail if prescribed by a provider in a state that allows telehealth prescribing, though the legal picture is unsettled.","verification":"verified","confidence":"medium","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.124"}]},"providing_information":{"title":"Not criminalized; First Amendment protection","summary":"No Ohio law criminalizes providing information about abortion; providing referrals or website links is not illegal.","description":"There is no law in Ohio that makes it a crime to give someone information about how to obtain an abortion, including sharing website links, clinic names, or abortion fund contact information. The First Amendment to the U.S. Constitution protects the right to share such information. While Ohio's pre-enjoined abortion restrictions did include mandatory state-scripted counseling for patients, those provisions regulated providers, not third parties sharing information.","verification":"not_applicable","confidence":"high"},"civil_bounty":{"title":"No SB8-style bounty law","summary":"Ohio has no statute authorizing private civil enforcement of abortion restrictions through bounties; the state does, however, authorize civil wrongful-death actions for certain abortion violations.","description":"Unlike Texas, Ohio does not have a law that allows private citizens to sue abortion providers or helpers for money damages — there is no SB8-style 'bounty' system in Ohio. However, Ohio does allow civil lawsuits for wrongful death of an unborn child in limited circumstances. A woman who had an abortion performed in violation of the heartbeat ban (now enjoined) or without receiving required information could sue for wrongful death, with minimum damages of $10,000. The constitutional amendment's protection of those who assist with reproductive decisions likely limits the viability of such suits.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.199"}]}},"procedural_requirements":{"waiting_period":{"title":"24-hour wait; preliminarily enjoined","summary":"Ohio's statutory 24-hour waiting period between mandatory in-person counseling and the abortion procedure is preliminarily enjoined as likely unconstitutional.","description":"Ohio law still on the books requires a person to receive state-mandated in-person counseling at least 24 hours before having an abortion. In practice, this requirement is not currently being enforced because a state court blocked it in August 2024, finding it likely violates the new constitutional amendment. The actual delay was often much longer than 24 hours because of clinic scheduling and travel logistics. While the injunction remains in effect, people can obtain an abortion in a single visit.","verification":"verified","confidence":"medium","sources":[{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al-waiting-period-challenge"}]},"mandatory_counseling":{"title":"State-scripted; preliminarily enjoined","summary":"Ohio's requirement that patients receive state-scripted in-person counseling about pregnancy, abortion risks, and alternatives is preliminarily enjoined.","description":"Under Ohio statutes still on the books but not currently enforced, a person seeking abortion must receive in-person counseling that includes state-mandated information about the pregnancy, the health risks of abortion, alternatives like adoption, and other prescribed topics. This counseling must be provided by the physician or a qualified person at least 24 hours before the procedure. A court blocked this requirement in August 2024, finding it likely unconstitutional. The required information included medically contested statements, including information about fetal pain and the possibility of reversing a medication abortion.","verification":"verified","confidence":"medium","sources":[{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al-waiting-period-challenge"}]},"ultrasound_requirement":{"title":"No standalone ultrasound mandate","summary":"Ohio does not have a standalone law requiring an ultrasound before an abortion; the heartbeat ban required testing for fetal cardiac activity, which is now enjoined.","description":"Unlike some other states, Ohio does not have a law that requires a person seeking an abortion to have an ultrasound or to view the ultrasound image. The now-enjoined heartbeat ban required the provider to test for fetal cardiac activity, which is typically done via ultrasound, but did not require the patient to view or hear anything. Since that law is permanently blocked, there is currently no ultrasound requirement in Ohio.","verification":"not_applicable","confidence":"high"},"in_person_visits":{"title":"One visit currently; two on books","summary":"While the waiting period and mandatory in-person counseling are enjoined, patients can obtain an abortion in a single visit; on the books, the law required two in-person visits.","description":"Currently, because the waiting period and mandatory counseling are blocked by a court order, a person can typically obtain an abortion in a single visit to a clinic. If the injunction were lifted, Ohio law would require two in-person visits: one for state-mandated counseling and a second at least 24 hours later for the procedure. For medication abortion, the (also-enjoined) in-person dispensing requirement would mean the first dose must be taken with the physician present.","verification":"verified","confidence":"medium","sources":[{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al-waiting-period-challenge"}]}},"minors":{"parental_involvement":{"title":"Consent of one parent","summary":"Ohio requires the informed written consent of one parent, guardian, or custodian for an unemancipated minor's abortion, with a judicial bypass available.","description":"In Ohio, if a person under 18 is not married, not in the military, not self-supporting, and not otherwise independent (legally 'unemancipated'), they must get the written consent of one parent, guardian, or legal custodian before having an abortion. Emancipated minors can consent on their own. There is an exception for medical emergencies where delay would pose a serious risk to the minor's life or physical health. The law makes it a first-degree misdemeanor (fourth-degree felony for repeat offenses) for a provider to knowingly perform an abortion on a minor without obtaining proper consent.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.121"}]},"judicial_bypass":{"title":"Available; maturity or best interests","summary":"A minor may petition a juvenile court to bypass parental consent; the court must grant the petition if it finds by clear and convincing evidence that she is mature and informed or that the abortion is in her best interests.","description":"A pregnant minor who does not want to or cannot get a parent's consent can go to court instead. The judicial bypass process allows her to file a petition in juvenile court. The court must hold a hearing within five days and issue a decision within 24 hours after the hearing. The court grants the petition if it finds by 'clear and convincing evidence' either that the minor is mature and well-informed enough to make the decision herself, or that having the abortion is in her best interests. The process is confidential, free of filing fees or court costs, and the minor has the right to a court-appointed attorney. She can appeal a denial to the court of appeals on an expedited basis.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.121"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent law","summary":"Ohio has no statute requiring spousal or paternal consent or notice before an abortion; any such law would be unconstitutional under Planned Parenthood v. Danforth.","description":"Ohio does not require a married person to get their spouse's consent or even to notify their spouse before having an abortion. There is no law giving the father of the fetus any right to consent to or be notified about an abortion. The U.S. Supreme Court ruled in 1976 that spousal consent requirements are unconstitutional (Planned Parenthood v. Danforth), and this remains binding precedent under the federal constitution. Although the Dobbs decision opened some previously settled questions, no Ohio law currently attempts to give the father veto power over abortion.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/428/52"}]},"enforceability":{"title":"Not at issue; no such law exists","summary":"Because Ohio has no spousal or paternal consent or notice law, the question of enforceability under Danforth and Casey does not arise.","description":"Ohio simply does not have a law requiring a spouse's or the father's consent or notification before an abortion, so there is nothing to enforce. Even if the Ohio legislature were to pass such a law, it would face challenge under Ohio's state constitutional amendment protecting reproductive freedom.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"Father has no statutory role","summary":"The father has no statutory right regarding the abortion decision; the wrongful-death civil action for an unborn child is available to the mother only under R.C. 2919.199.","description":"Under Ohio law, the father of the fetus has no legal role in the abortion decision — no right to consent, no right to notice, and no right to veto. The civil wrongful-death action for an unborn child created by R.C. 2919.199 is available only to the pregnant woman herself, not to the father. Outside the abortion context, Ohio recognizes a general civil wrongful death action for a viable fetus (Werling v. Sandy, 1985), but this does not extend to lawful abortions.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.199"},{"name":"CaseMine / Ohio Supreme Court","href":"https://www.casemine.com/judgement/us/5914c2cdadd7b049347c21d5"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide from fertilization","summary":"Ohio's homicide statutes reach the 'unlawful termination of another's pregnancy' from fertilization; the pregnant woman and her consenting physician are expressly carved out.","description":"Ohio law treats the killing of an unborn child at any stage of pregnancy — from fertilization onward — as homicide when done by someone other than the pregnant woman or her consenting physician. A third party who causes the death of a fetus can be charged with aggravated murder, murder, manslaughter, or other homicide offenses depending on the circumstances. The law explicitly says this does not apply to a pregnant woman for her own acts during pregnancy, nor to a physician performing an abortion with the pregnant woman's consent. This creates a tension: the law treats the fetus as a homicide victim whose death can be murder, but simultaneously exempts the mother and her doctor from this framework.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2903.09"}]},"wrongful_death":{"title":"Action lies for viable fetus","summary":"The Ohio Supreme Court has recognized a wrongful-death claim for a viable fetus negligently injured in utero (Werling v. Sandy); an abortion-specific wrongful-death action also exists under R.C. 2919.199.","description":"Ohio law allows a civil wrongful-death lawsuit when a viable fetus is killed through negligence or wrongful conduct. This was established by the Ohio Supreme Court in the 1985 case Werling v. Sandy. The legal standard requires that the fetus be 'viable' — meaning it could survive outside the womb. Separately, Ohio law creates a specific wrongful-death action for certain abortion violations (R.C. 2919.199), available to the pregnant woman when an abortion is performed in violation of the heartbeat ban (now enjoined) or without required consent procedures.","verification":"semi_verified","confidence":"high","sources":[{"name":"CaseMine","href":"https://www.casemine.com/judgement/us/5914c2cdadd7b049347c21d5"}]},"personhood_definition":{"title":"Fetal personhood language present","summary":"Ohio law defines 'unborn child' as a human organism from fertilization, 'person' to include a viable unborn human for criminal offenses, and 'unlawful termination of pregnancy' from fertilization.","description":"Ohio law contains extensive language treating the unborn as persons. The term 'unborn child' is defined as 'an individual organism of the species homo sapiens from fertilization until live birth' for post-viability abortion laws. For criminal offenses in Title XXIX, 'person' includes 'an unborn human who is viable.' The fetal homicide law defines 'unlawful termination of another's pregnancy' as causing the death of an unborn human from fertilization. A pending bill (HB 370, the Ohio Prenatal Equal Protection Act) would go further, granting full legal personhood from fertilization. These definitions coexist with abortion rights protected by the state constitution, creating significant internal legal tension.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.16"},{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2901.01"}]},"contradictions_analysis":"Ohio law embodies a profound and explicit internal contradiction on fetal personhood. On one hand, the Revised Code treats the unborn as the equivalent of a person for purposes of homicide (from fertilization, R.C. 2903.09), defines 'unborn child' as a human organism from fertilization (R.C. 2919.16(L)), and defines 'person' for criminal law purposes to include a viable unborn human (R.C. 2901.01(B)(1)(a)(ii)). On the other hand, the very same code sections contain express carve-outs that exempt the pregnant woman and her consenting physician from these definitions: R.C. 2903.09(C)(1) states that the fetal homicide definition shall not be applied to prohibit 'any pregnant woman or her physician from performing an abortion with the actual consent of the pregnant woman.' R.C. 2901.01(B)(2) contains an even more detailed parallel carve-out. The abortion chapter itself simultaneously defines abortion to include 'the pregnant woman herself' (R.C. 2919.11) while exempting her from prosecution under most specific abortion crimes. The practical result is a legal system that treats the fetus as a full homicide victim when harmed by a third party but permits its termination when done by the mother via her physician — and now, constitutionally protects that decision. The Ohio Constitution's Reproductive Freedom Amendment (Art. I, § 22) adds the final layer: it guarantees the right to abortion up to viability and protects post-viability abortion to safeguard the patient's life or health. This amendment is supreme over conflicting statutes, meaning the personhood statutes cannot be enforced to restrict abortion within the constitutional bounds. The result is a three-tier system: the fetus is a 'person' when a stranger harms it; the fetus is a 'patient' whose termination is regulated but not a crime when a physician and consenting patient act within constitutional limits; and the pregnant woman is neither criminal nor victim but the rights-holder at the center of the constitutional framework. This is not a contradiction that can be resolved by statutory interpretation — it is a structural feature of Ohio law."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth ban preliminarily enjoined","summary":"Ohio's law requiring the physician to be physically present when medication abortion drugs are consumed is preliminarily enjoined; telehealth prescribing is currently permitted.","description":"Ohio law on the books says that when a physician provides abortion medication, the physician must be physically in the room when the patient takes the first dose. This effectively bans prescribing abortion medication by telehealth. However, this law has been blocked by a court since April 2021 and cannot currently be enforced. This means that, for now, abortion medication can be prescribed by telehealth to patients in Ohio. A separate preliminary injunction also blocks Ohio from restricting which clinicians can prescribe — so both physicians and advanced practice clinicians can currently use telehealth for medication abortion.","verification":"verified","confidence":"medium","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.124"},{"name":"Supreme Court of Ohio / Ohio First District Court of Appeals","href":"https://www.supremecourt.ohio.gov/rod/docs/pdf/1/2026/2026-Ohio-639.pdf"}]},"out_of_state_travel":{"title":"Travel is lawful","summary":"Ohio residents may lawfully travel out of state for abortion; no Ohio statute restricts or penalizes such travel.","description":"There is nothing in Ohio law that prevents a person from traveling to another state to have an abortion. Ohio has no law that tries to stop its residents from crossing state lines to access care that may be restricted at different gestational ages in Ohio. The constitutional right to travel between states is protected by the U.S. Constitution.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"No shield law; no cross-border targeting","summary":"Ohio has not enacted a shield law protecting providers or patients from out-of-state abortion investigations; nor does Ohio currently have laws targeting cross-border abortion activity.","description":"Ohio is not a 'shield state.' Unlike states such as New York and California, Ohio has not passed a law that protects abortion providers or patients from investigations, subpoenas, or extradition attempts by other states that have banned abortion. At the same time, Ohio has not passed laws that try to reach across state lines to punish its residents for obtaining abortions elsewhere or to penalize out-of-state providers who serve Ohio patients. Ohio's position is essentially neutral on the interstate abortion conflict.","verification":"not_applicable","confidence":"high"}},"funding_and_insurance":{"medicaid":{"title":"Hyde-only coverage","summary":"Ohio Medicaid covers abortion only in cases of life endangerment, rape, or incest reported to law enforcement — consistent with the federal Hyde Amendment.","description":"Ohio's Medicaid program covers abortion only in three narrow circumstances: when the pregnancy endangers the pregnant person's life, or when the pregnancy is the result of rape or incest that has been reported to law enforcement. This matches the minimum required by the federal Hyde Amendment. Ohio does not use state funds to expand coverage beyond these categories. The requirement to report rape or incest to law enforcement is a significant barrier — not all survivors want or are able to make a police report.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-9.04"}]},"private_insurance":{"title":"Restricted; rider required","summary":"Ohio prohibits state and local government employee health plans from covering 'nontherapeutic abortion' unless purchased through an individually paid rider.","description":"Ohio law bans state and local government health insurance plans from covering abortion beyond the Hyde categories (life endangerment, rape, incest). State and local employees who want abortion coverage must purchase a separate, additional insurance rider and pay the full cost themselves, including all administrative expenses. For private-sector insurance plans not involving government funds, there is no similar statutory restriction, though many private plans in Ohio do not cover abortion as a matter of contract or employer policy.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-9.04"}]},"exchange_plans":{"title":"ACA plans barred from abortion coverage","summary":"Ohio prohibits qualified health plans sold on the ACA exchange from covering nontherapeutic abortion.","description":"Health insurance plans sold on Ohio's Affordable Care Act marketplace (HealthCare.gov) are prohibited by state law from covering abortion except in cases of life endangerment, rape, or incest. This means people who buy insurance through the exchange cannot use their plan to pay for abortion care in most circumstances.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-3901.87"}]},"state_funding_of_providers":{"title":"Defunds providers","summary":"Ohio restricts state and local funding for entities that provide abortions; a 2025 bill would further block Medicaid funding to abortion providers for any services.","description":"Ohio has long had a policy of restricting public funds from going to abortion providers. State law prohibits public facilities from being used for nontherapeutic abortions and restricts state family-planning funds from going to entities that perform or promote abortion. A bill introduced in 2025 seeks to go further by blocking all Medicaid funding to organizations that provide abortions, even for non-abortion services like contraception, cancer screenings, and STI testing.","verification":"verified","confidence":"high","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-9.04"}]}}},"penalties":[{"actor":"Physician — heartbeat ban violation (R.C. 2919.195)","offense":"Performing or inducing an abortion after detection of fetal heartbeat","penalty":"Fifth-degree felony; 6-12 months imprisonment, $2,500 fine. Enjoined.","verification":"verified","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.195"}]},{"actor":"Physician — 20-week post-fertilization ban (R.C. 2919.201)","offense":"Terminating or attempting to terminate a human pregnancy of a pain-capable unborn child (≥20 weeks post-fertilization)","penalty":"Fourth-degree felony; 6-18 months imprisonment, $5,000 fine; mandatory license revocation","verification":"verified","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.201"}]},{"actor":"Physician — post-viability ban (R.C. 2919.17)","offense":"Terminating or attempting to terminate a human pregnancy after viability","penalty":"Fourth-degree felony; 6-18 months imprisonment, $5,000 fine; mandatory license revocation","verification":"verified","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.17"}]},{"actor":"Physician — D and E / dismemberment feticide (R.C. 2919.15)","offense":"Knowingly performing or attempting dismemberment abortion","penalty":"Fourth-degree felony; 6-18 months imprisonment, $5,000 fine","verification":"verified","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.15"}]},{"actor":"Physician — D and X / partial birth feticide (R.C. 2919.151)","offense":"Knowingly performing partial birth procedure","penalty":"Second-degree felony; 2-8 years imprisonment, $15,000 fine","verification":"verified","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.151"}]},{"actor":"Physician — Down syndrome ban (R.C. 2919.10)","offense":"Purposely performing abortion with knowledge it is sought because of Down syndrome","penalty":"Fourth-degree felony; mandatory license revocation; civil liability for compensatory and exemplary damages","verification":"verified","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.10"}]},{"actor":"Any person — unlawful distribution of mifepristone (R.C. 2919.123)","offense":"Knowingly providing mifepristone for abortion without meeting physician and federal-law requirements","penalty":"Fourth-degree felony (first offense); third-degree felony (repeat); professional license sanctions","verification":"verified","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.123"}]},{"actor":"Physician — drug-induced abortion violation (R.C. 2919.124)","offense":"Furnishing abortion-inducing drug without being physically present","penalty":"Fourth-degree felony (first offense); third-degree felony (repeat). Enjoined.","verification":"verified","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.124"}]},{"actor":"Provider — performing abortion on minor without consent (R.C. 2919.121)","offense":"Knowingly performing or inducing abortion on unemancipated minor without required consent","penalty":"First-degree misdemeanor (first offense); fourth-degree felony (repeat); civil liability","verification":"verified","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.121"}]},{"actor":"Any person — abortion manslaughter (R.C. 2919.13)","offense":"Purposely taking life of child born alive after attempted abortion; failing to provide medical care to infant born alive","penalty":"First-degree felony; 3-11 years imprisonment (presumptive) to life","verification":"verified","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-revised-code/section-2919.13"}]}],"recent_changes":[{"date":"2022-06-24","event":"U.S. Supreme Court issues Dobbs v. Jackson Women's Health Organization, overruling Roe v. Wade. Ohio's heartbeat ban (S.B. 23), previously enjoined, becomes effective as the federal injunction is dissolved.","sources":[{"name":"U.S. Supreme Court","href":"https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf"}]},{"date":"2022-09-14","event":"Hamilton County Court of Common Pleas grants temporary restraining order blocking the heartbeat ban for 14 days, later extended.","sources":[{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al"}]},{"date":"2022-10-12","event":"Hamilton County Court of Common Pleas issues preliminary injunction blocking enforcement of the heartbeat ban under the Ohio Constitution.","sources":[{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al"}]},{"date":"2023-11-07","event":"Ohio voters approve Issue 1 (56.8% to 43.2%), adding the Reproductive Freedom Amendment as Article I, Section 22 of the Ohio Constitution.","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-constitution/section-1.22"}]},{"date":"2023-12-07","event":"Issue 1 takes effect as Article I, Section 22 of the Ohio Constitution.","sources":[{"name":"Ohio Legislative Service Commission / codes.ohio.gov","href":"https://codes.ohio.gov/ohio-constitution/section-1.22"}]},{"date":"2023-12-15","event":"Ohio Supreme Court dismisses the state's appeal of the preliminary injunction due to the change in law — the passage of Issue 1.","sources":[{"name":"Supreme Court of Ohio","href":"https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2023/2023-Ohio-4570.pdf"}]},{"date":"2024-03-29","event":"ACLU and Planned Parenthood file Preterm-Cleveland v. Yost (waiting period challenge) in Franklin County, challenging the 24-hour waiting period under the new constitutional amendment.","sources":[{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al-waiting-period-challenge"}]},{"date":"2024-08-23","event":"Franklin County Court of Common Pleas preliminarily enjoins Ohio's 24-hour waiting period and mandatory in-person counseling as likely unconstitutional.","sources":[{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al-waiting-period-challenge"}]},{"date":"2024-08-29","event":"Hamilton County Court of Common Pleas grants second preliminary injunction blocking physician-only restriction for APCs and outdated FDA-labeling requirement for medication abortion.","sources":[{"name":"ACLU","href":"https://www.aclu.org/cases/planned-parenthood-southwest-ohio-region-et-al-v-ohio-department-of-health-et-al"}]},{"date":"2024-10-24","event":"Hamilton County Court of Common Pleas permanently strikes down Ohio's six-week heartbeat ban as unconstitutional under Article I, Section 22.","sources":[{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al"}]},{"date":"2025-07-08","event":"Hamilton County Court of Common Pleas grants third preliminary injunction blocking further provisions that could punish APCs for providing medication abortion.","sources":[{"name":"ACLU","href":"https://www.aclu.org/cases/planned-parenthood-southwest-ohio-region-et-al-v-ohio-department-of-health-et-al"}]},{"date":"2026-01-07","event":"Ohio First District Court of Appeals affirms the permanent injunction of the heartbeat ban but reverses and remands the injunction as to ancillary S.B. 23 provisions (Preterm-Cleveland v. Yost, 2026-Ohio-23).","sources":[{"name":"Ohio First District Court of Appeals","href":"https://www.courthousenews.com/wp-content/uploads/2026/01/ohio-coa-abortion-injunction-opinion.pdf"}]},{"date":"2026-03-25","event":"Ohio House of Representatives passes HB 347 (SHE WINS Act), which would reinstate a 24-hour waiting period for abortion. The bill moves to the Ohio Senate.","sources":[{"name":"Ohio Legislature / LegiScan","href":"https://legiscan.com/OH/bill/HB347/2025"}]}],"pending_changes":[{"name":"Preterm-Cleveland v. Yost (waiting period challenge — Franklin C.P. No. 24 CV 2634)","type":"litigation","status":"Preliminary injunction in effect since August 23, 2024; discovery ongoing; dispositive motion briefing to conclude by April 17, 2026.","effect":"If the court grants a permanent injunction, Ohio's 24-hour waiting period and mandatory counseling will be permanently struck down under the Reproductive Freedom Amendment. If the injunction is dissolved, these requirements would be reinstated.","sources":[{"name":"ACLU of Ohio","href":"http://www.acluohio.org/cases/preterm-cleveland-et-al-v-yost-et-al-waiting-period-challenge"}]},{"name":"Planned Parenthood Southwest Ohio Region v. Ohio Dept. of Health (medication abortion restrictions)","type":"litigation","status":"Multiple preliminary injunctions in effect (2021, 2024, 2025); case proceeding on the merits in Hamilton County Court of Common Pleas.","effect":"If permanent injunctions are granted, APCs will be permanently authorized to provide medication abortion, telehealth prescribing will remain available, and the FDA-labeling restriction will be permanently struck down.","sources":[{"name":"ACLU","href":"https://www.aclu.org/cases/planned-parenthood-southwest-ohio-region-et-al-v-ohio-department-of-health-et-al"}]},{"name":"Preterm-Cleveland v. Yost (ancillary S.B. 23 provisions — on remand)","type":"litigation","status":"On remand following First District Court of Appeals decision (2026-Ohio-23, Jan. 7, 2026); trial court to reconsider which ancillary S.B. 23 provisions may be enjoined.","effect":"The trial court will determine the constitutionality of ancillary provisions including reporting requirements, informed consent provisions, and enforcement mechanisms.","sources":[{"name":"Ohio First District Court of Appeals","href":"https://www.courthousenews.com/wp-content/uploads/2026/01/ohio-coa-abortion-injunction-opinion.pdf"}]},{"name":"Ohio House Bill 347 — SHE WINS Act (136th General Assembly)","type":"legislation","status":"Passed Ohio House (March 25, 2026); pending in Ohio Senate.","effect":"Would reinstate a 24-hour waiting period for abortion, requiring an in-person meeting at least 24 hours before the procedure. Would likely face immediate constitutional challenge.","sources":[{"name":"LegiScan / Ohio Legislature","href":"https://legiscan.com/OH/bill/HB347/2025"}]},{"name":"Ohio House Bill 370 — Ohio Prenatal Equal Protection Act (136th General Assembly)","type":"legislation","status":"Referred to committee; not yet passed either chamber.","effect":"Would define 'preborn person' from fertilization and potentially criminalize abortion as homicide. Would directly conflict with Ohio Const. art. I, § 22.","sources":[{"name":"Ohio Legislature","href":"https://www.legislature.ohio.gov/legislation/136/hb370"}]},{"name":"Ohio House Bill 928 — Abortion trafficking expansion (136th General Assembly)","type":"legislation","status":"Passed Ohio House; pending in Ohio Senate.","effect":"Would reclassify abortion trafficking from a first-degree misdemeanor to a third-degree felony and expand its scope. Focused on commercial trafficking in fetal tissue.","sources":[{"name":"Ohio Legislature / BillTrack50","href":"https://www.billtrack50.com/billdetail/2006386"}]},{"name":"Ohio House Bill 128 — Reproductive Care Act (136th General Assembly)","type":"legislation","status":"Referred to House Health Committee; unlikely to pass Republican-controlled legislature.","effect":"Would repeal existing abortion restrictions and align state law with the Reproductive Freedom Amendment.","sources":[{"name":"LegiScan / Ohio Legislature","href":"https://legiscan.com/OH/bill/HB128/2025"}]}],"key_authorities":[{"name":"Ohio Reproductive Freedom Amendment","citation":"Ohio Const. art. I, § 22","type":"constitution","url":"https://codes.ohio.gov/ohio-constitution/section-1.22","why":"The supreme law governing abortion in Ohio; adopted November 2023, self-executing, protects abortion to viability and post-viability to protect life or health."},{"name":"Heartbeat ban (permanently enjoined)","citation":"Ohio Rev. Code § 2919.195","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-2919.195","why":"The 2019 six-week abortion ban; permanently enjoined October 2024 as unconstitutional under the Reproductive Freedom Amendment."},{"name":"20-week post-fertilization ban","citation":"Ohio Rev. Code § 2919.201","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-2919.201","why":"Bans abortion at 20 weeks post-fertilization with life/health exceptions; on the books but not separately adjudicated under the new constitutional amendment."},{"name":"Post-viability abortion ban","citation":"Ohio Rev. Code § 2919.17","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-2919.17","why":"Bans abortion after viability with life/health exceptions; contains rebuttable presumption of viability at 24 weeks gestational age."},{"name":"Abortion definition","citation":"Ohio Rev. Code § 2919.11","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-2919.11","why":"Defines abortion to include the pregnant woman herself; the foundational definition determining the scope of the regulatory framework."},{"name":"Pregnant woman immunity","citation":"Ohio Rev. Code § 2919.198","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-2919.198","why":"Expressly exempts the pregnant woman from criminal and civil liability for heartbeat-ban violations."},{"name":"Fetal homicide definition","citation":"Ohio Rev. Code § 2903.09","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-2903.09","why":"Defines 'unlawful termination of pregnancy' from fertilization for homicide purposes, with carve-outs for the pregnant woman and her physician."},{"name":"Medication abortion restrictions","citation":"Ohio Rev. Code §§ 2919.123, 2919.124","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-2919.123","why":"Restrict mifepristone to physicians and require in-person dispensing; partially or fully preliminarily enjoined."},{"name":"D and E and D and X method bans","citation":"Ohio Rev. Code §§ 2919.15, 2919.151","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-2919.15","why":"Ban dismemberment abortion and partial-birth feticide with mother and staff exemptions."},{"name":"Down syndrome abortion ban","citation":"Ohio Rev. Code § 2919.10","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-2919.10","why":"Bans abortion sought because of Down syndrome diagnosis; upheld by federal Sixth Circuit pre-Dobbs; state constitutional status unresolved."},{"name":"Parental consent for minors","citation":"Ohio Rev. Code § 2919.121","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-2919.121","why":"Requires one-parent consent for unemancipated minors with judicial bypass; not yet challenged under the Reproductive Freedom Amendment."},{"name":"Public funding restrictions","citation":"Ohio Rev. Code § 9.04","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-9.04","why":"Prohibits state and local funds for nontherapeutic abortion coverage."},{"name":"ACA exchange plan restriction","citation":"Ohio Rev. Code § 3901.87","type":"statute","url":"https://codes.ohio.gov/ohio-revised-code/section-3901.87","why":"Prohibits qualified health plans sold on the ACA exchange from covering nontherapeutic abortion."},{"name":"Preterm-Cleveland v. Yost (2026 appellate decision)","citation":"Preterm-Cleveland v. Yost, 2026-Ohio-23 (1st Dist.)","type":"case","url":"https://www.courthousenews.com/wp-content/uploads/2026/01/ohio-coa-abortion-injunction-opinion.pdf","why":"First appellate decision applying the Reproductive Freedom Amendment to abortion restrictions; affirms permanent injunction of the heartbeat ban."}],"research_notes":{"overall_confidence":"medium","editor_notes":"This analysis reflects Ohio law as of mid-2025. The legal landscape is exceptionally fluid: multiple preliminary injunctions are in effect, three major cases are pending on the merits, and the legislature continues to pass or advance abortion-related bills. Key items to re-verify before publication: (1) the status of HB 347 (SHE WINS Act) in the Ohio Senate — it passed the House in March 2026; (2) the status of the Planned Parenthood Southwest Ohio Region v. Ohio Dept. of Health litigation; (3) the status of the Preterm-Cleveland v. Yost waiting period challenge; (4) any new appellate decisions following the January 2026 First District remand; (5) the status of HB 370 (Prenatal Equal Protection Act) and HB 928 (abortion trafficking expansion). The R.C. 2919.14 'abortion trafficking' statute is notably misleading — the public-facing summary should explain it does not criminalize travel assistance. The tension between fetal personhood language in the homicide code and the constitutional right to abortion is a structural feature of Ohio law that may confuse readers.","gaps":["The exact enforceability of the 20-week post-fertilization ban (R.C. 2919.201) and the post-viability ban (R.C. 2919.17) under the Reproductive Freedom Amendment has not been separately adjudicated.","Whether the D&E and D&X method bans survive the 'least restrictive means' and 'evidence-based standards of care' tests in Art. I, § 22 has not been litigated.","The constitutionality of the Down syndrome abortion ban (R.C. 2919.10) under Ohio's state constitution is unresolved.","Whether the parental consent statute (R.C. 2919.121) is affected by the Reproductive Freedom Amendment has not been tested.","The practical effect of the First District Court of Appeals' remand of ancillary S.B. 23 provisions is unknown.","Whether the constitutional 'health' protection encompasses mental health contrary to the statutory exclusion in R.C. 2919.16(K) has not been adjudicated."]}}