Abhortion · State legal snapshot

Ohio

Constitutionally protected to viability. Ohio's constitution protects abortion up to fetal viability (≈22-24 weeks LMP), with post-viability abortion permitted to protect the patient's life…

Protected by constitution As of12 Jul 2026 Research completed12 Jul 2026 Confidence●●○ Medium

§ I · Gestational limit

◐ 22-week limit on the books · enjoined
0481216202428323640 wk22

│ Legal to viability ≈22-24 wks LMP · enjoined · measured from LMP · Ohio Const. art. I, § 22(B)

§ II · Restriction inventory — 15 checked, 4 in force

◐22-week ban · LMPEnjoined

●In-person visitsNone

◐Method ban · D&E · D&XIn force

◐Physician-only lawIn force

◐One-parent consentIn force

○Telehealth prescribing banUnclear

●Waiting periodNone

●Spousal consent or noticeNone

●Abortion trafficking lawNone

●Scripted counselingNone

●Civil bounty (SB8-style)None

✓Private insurance restrictionIn force

●Ultrasound requirementNone

○Pill-mailing banUnclear

○Self-managed abortion crimeUnclear

§ III · Access

Criminal exposure

Procedure

Coverage & interstate

●

Available now

Yes

●

Pregnant person

Expressly exempt

●

Waiting period

0 hours

◐

Medicaid

Hyde only

○

Medication · telehealth

Regulated separately · telehealth unclear

○

Self-managed

Unclear

●

Compelled visits

0 in person

✓

Private insurance

Restricted

◐

Who may perform

Physicians only

✓

Provider max penalty

Felony 4th degree, 6-18 months;…

◐

Minors

One-parent consent

✓

Shield state

No

○

Mailing pills

Unclear

◐

Fetal homicide law

Yes · abortion carved out

◐

Judicial bypass

Available

◐

Major pending change

Yes · see p. 2

✓ 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 legal — governing authorities

■

Ohio Reproductive Freedom Amendment, Ohio Const. art. I, § 22 — The supreme law governing abortion in Ohio; adopted November 2023, self-executing,…

■

Heartbeat ban (permanently enjoined), Ohio Rev. Code § 2919.195 — The 2019 six-week abortion ban; permanently enjoined October 2024 as unconstitutional…

■

20-week post-fertilization ban, Ohio Rev. Code § 2919.201 — Bans abortion at 20 weeks post-fertilization with life/health exceptions; on the books…

“Every individual has a right to make and carry out one's own reproductive decisions, including but not limited to decisions on: contraception; fertility treatment; continuing one's own pregnancy; miscarriage care; and…”— Ohio Const. art. I, § 22

Fetal personhood — how the contradiction is walled off

✓ Ohio Rev. Code § 2919.16(L)

“'Unborn child' means an individual organism of the species homo sapiens from fertilization until live birth.”

Fetal personhood language present

→

● Exempt · pregnant woman

Expressly exempt; low risk

● Carved out · abortion

Abortion is not chargeable under the homicide statutes.

✓ Reached · third parties

Fetal homicide from fertilization

Ohio law embodies a profound and explicit internal contradiction on fetal personhood. Wrongful death: Action lies for viable fetus.

§ V · Criminal exposure by actor

●

Pregnant woman

Expressly exempt; low risk

✓

Physician

Felony exposure; license revocation

✓

Non-physician prescriber

Felony exposure for non-physicians

○

Helpers · funds

Unclear; constitutional shield

●

Travel helpers

Not criminalized

●

Civil bounty

No SB8-style 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 — heartbeat ban…Performing or inducing an abortion after detection…Fifth-degree felony; 6-12 months imprisonment, $2,500 fine.… Physician — 20-week…Terminating or attempting to terminate a human…Fourth-degree felony; 6-18 months imprisonment, $5,000 fine;… Physician — post-viability…Terminating or attempting to terminate a human…Fourth-degree felony; 6-18 months imprisonment, $5,000 fine;… Physician — D and E /…Knowingly performing or attempting dismemberment…Fourth-degree felony; 6-18 months imprisonment, $5,000 fine Physician — D and X / partial…Knowingly performing partial birth procedureSecond-degree felony; 2-8 years imprisonment, $15,000 fine
Abhortion · State legal snapshot · OhioNot legal advice — verify citations before reliance · 1 / 2

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

15 Dec 2023●

Ohio Supreme Court dismisses the state's appeal of the preliminary injunction due to the change in law — the passage…

29 Mar 2024●

ACLU and Planned Parenthood file Preterm-Cleveland v.

23 Aug 2024●

Franklin County Court of Common Pleas preliminarily enjoins Ohio's 24-hour waiting period and mandatory in-person…

29 Aug 2024●

Hamilton County Court of Common Pleas grants second preliminary injunction blocking physician-only restriction for…

24 Oct 2024●

Hamilton County Court of Common Pleas permanently strikes down Ohio's six-week heartbeat ban as unconstitutional…

8 Jul 2025●

Hamilton County Court of Common Pleas grants third preliminary injunction blocking further provisions that could…

7 Jan 2026●

Ohio First District Court of Appeals affirms the permanent injunction of the heartbeat ban but reverses and remands…

25 Mar 2026■

Ohio House of Representatives passes HB 347 (SHE WINS Act), which would reinstate a 24-hour waiting period for…

§ VII · Exceptions matrix

Named in lawVerified Life of the pregnant personLife exception in all bans◐✓ Physical healthPhysical health exception◐✓ Mental healthNot recognized in statutes●✓ RapeNot an abortion ban exception◐✓ IncestOnly relevant to public funding◐✓ Fatal fetal anomalyNo fetal anomaly exception●— Miscarriage · ectopic careCarved out by definition◐✓

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; no cross-border targeting

● Travel unrestricted

Travel is lawful

○ Telehealth prescribing unclear

Telehealth ban preliminarily enjoined

○ Pill mailing unclear

Enjoined telehealth ban; no mailing statute

○ Funding help unclear

Not criminalized; constitutional shield

○ Providing information

Not criminalized; First Amendment protection

Interstate postureOhio 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.

§ IX · Who pays

Hyde-only coverage

Life

Hyde · federal

Rape

Hyde · federal

Incest

Hyde · federal

Beyond Hyde

Not covered

✓

Restricted; rider required

ACA plans barred from abortion coverage

✓

Defunds providers

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

Litigation

Preterm-Cleveland v. Yost (waiting period challenge — Franklin…Preliminary injunction in effect since August 23, 2024; discovery ongoing; dispositive motion briefing to…

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…

Litigation

Planned Parenthood Southwest Ohio Region v. Ohio Dept. of…Multiple preliminary injunctions in effect (2021, 2024, 2025); case proceeding on the merits in Hamilton…

If permanent injunctions are granted, APCs will be permanently authorized to provide medication abortion, telehealth prescribing will remain available, and the…

Litigation

Preterm-Cleveland v. Yost (ancillary S.B. 23 provisions — on…On remand following First District Court of Appeals decision (2026-Ohio-23, Jan. 7, 2026); trial court to…

The trial court will determine the constitutionality of ancillary provisions including reporting requirements, informed consent provisions, and enforcement mechanisms.

Legislation

Ohio House Bill 347 — SHE WINS Act (136th General Assembly)Passed Ohio House (March 25, 2026); pending in Ohio Senate.

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…

§ XI · Key authorities ● case  ■ statute  ◆ agency

■Ohio Reproductive Freedom Amendment Ohio Const. art. I, § 22

■Heartbeat ban (permanently enjoined) Ohio Rev. Code § 2919.195

■20-week post-fertilization ban Ohio Rev. Code § 2919.201

■Post-viability abortion ban Ohio Rev. Code § 2919.17

■Abortion definition Ohio Rev. Code § 2919.11

■Pregnant woman immunity Ohio Rev. Code § 2919.198

■Fetal homicide definition Ohio Rev. Code § 2903.09

■Medication abortion restrictions Ohio Rev. Code §§ 2919.123, 2919.124

■D and E and D and X method bans Ohio Rev. Code §§ 2919.15, 2919.151

■Down syndrome abortion ban Ohio Rev. Code § 2919.10

■Parental consent for minors Ohio Rev. Code § 2919.121

■Public funding restrictions Ohio Rev. Code § 9.04

◐ Semi-verified — confirm at sourceSpousal consent / notice · Wrongful death
○ Verify before publicationThe 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…
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