State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
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.
Ohio Const. art. I, § 22 · Preterm-Cleveland v. Yost, 2026-Ohio-23 (1st Dist.)
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.
Ohio Rev. Code § 2903.09(A) · Ohio Rev. Code § 2903.09(C)(1) · Ohio Rev. Code § 2919.16(L)
Ohio requires the informed written consent of one parent, guardian, or custodian for an unemancipated minor's abortion, with a judicial bypass available.
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.
| Actor | Offense | Penalty |
|---|---|---|
| Physician — heartbeat ban violation (R.C. 2919.195) | Performing or inducing an abortion after detection of fetal heartbeat | Fifth-degree felony; 6-12 months imprisonment, $2,500 fine. Enjoined. |
| Physician — 20-week post-fertilization ban (R.C. 2919.201) | Terminating or attempting to terminate a human pregnancy of a pain-capable unborn child (≥20 weeks post-fertilization) | Fourth-degree felony; 6-18 months imprisonment, $5,000 fine; mandatory license revocation |
| Physician — post-viability ban (R.C. 2919.17) | Terminating or attempting to terminate a human pregnancy after viability | Fourth-degree felony; 6-18 months imprisonment, $5,000 fine; mandatory license revocation |
| Physician — D and E / dismemberment feticide (R.C. 2919.15) | Knowingly performing or attempting dismemberment abortion | Fourth-degree felony; 6-18 months imprisonment, $5,000 fine |
| Physician — D and X / partial birth feticide (R.C. 2919.151) | Knowingly performing partial birth procedure | Second-degree felony; 2-8 years imprisonment, $15,000 fine |
Preterm-Cleveland v. Yost (waiting period challenge — Franklin C.P. No. 24 CV 2634)
Litigation · Preliminary injunction in effect since August 23, 2024; discovery ongoing; dispositive motion briefing to conclude by April 17, 2026.
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.
Planned Parenthood Southwest Ohio Region v. Ohio Dept. of Health (medication abortion restrictions)
Litigation · Multiple preliminary injunctions in effect (2021, 2024, 2025); case proceeding on the merits in Hamilton County Court of Common Pleas.
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.
Preterm-Cleveland v. Yost (ancillary S.B. 23 provisions — on remand)
Litigation · On remand following First District Court of Appeals decision (2026-Ohio-23, Jan.
The trial court will determine the constitutionality of ancillary provisions including reporting requirements, informed consent provisions, and enforcement mechanisms.
The supreme law governing abortion in Ohio; adopted November 2023, self-executing, protects abortion to viability and post-viability to protect life or health.
The 2019 six-week abortion ban; permanently enjoined October 2024 as unconstitutional under the Reproductive Freedom Amendment.
Bans abortion at 20 weeks post-fertilization with life/health exceptions; on the books but not separately adjudicated under the new constitutional amendment.
Bans abortion after viability with life/health exceptions; contains rebuttable presumption of viability at 24 weeks gestational age.
Defines abortion to include the pregnant woman herself; the foundational definition determining the scope of the regulatory framework.
Generated from the structured legal focused deep-research record for OH (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 Ohio survey. This document has not been reviewed by a lawyer and should not be used as legal advice.