{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-pa","type":"legislation","level":"state","jurisdiction":"Pennsylvania","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Legal to 24 weeks; regulated","summary":"Abortion is legal in Pennsylvania until 24 weeks from last menstrual period, with a 24-hour waiting period, state-scripted informed consent, one-parent consent for minors, and a physician-only requirement.","machine_readable_summary":{"legal_classification":"viability_limit","gestational_limit_weeks":24,"limit_measured_from":"last_menstrual_period","abortion_currently_available":"yes","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"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":false,"mailing_pills_banned":false,"method_bans":["d_and_x"],"telehealth_prescribing_allowed":true,"physician_only_law":true,"provider_max_penalty":"Felony third degree, up to 7 years imprisonment and $15,000 fine; plus license suspension/revocation","helpers_criminally_exposed":"unclear","travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":true,"waiting_period_hours":24,"state_scripted_counseling":true,"ultrasound_required":"none","in_person_visits_required":2,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":true,"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/pa.html","markdown":"https://www.abhortion.org/legislation/pa.md","summary_json":"https://www.abhortion.org/legislation/pa.json","full_json":"https://www.abhortion.org/legislation/pa-full.json","verbose_json":"https://www.abhortion.org/legislation/pa-verbose.json"},"overview":{"title":"Legal to 24 weeks; regulated","summary":"Abortion is legal in Pennsylvania until 24 weeks from last menstrual period, with a 24-hour waiting period, state-scripted informed consent, one-parent consent for minors, and a physician-only requirement.","description":"Abortion remains legal in Pennsylvania. A person can obtain an abortion up to 24 weeks of pregnancy, measured from the first day of their last menstrual period. After 24 weeks, abortion is allowed only when necessary to prevent the pregnant person's death or substantial and irreversible impairment of a major bodily function. Pennsylvania does not have a total ban or a six-week ban. The law imposes several procedural requirements: a 24-hour waiting period after receiving state-mandated information, one-parent consent for people under 18 (with a judicial bypass option), and the requirement that only a licensed physician may perform an abortion. Medication abortion is legal and available, including via telehealth. The governor has issued an executive order shielding providers and out-of-state patients from other states' investigations.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3202"},{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/505/833"},{"name":"Justia","href":"https://law.justia.com/cases/pennsylvania/supreme-court/2024/26-map-2021.html"}]},"sections":{"definitions":{"title":"Termination of clinically diagnosable pregnancy","summary":"Pennsylvania defines abortion as the use of any means to terminate a clinically diagnosable pregnancy with knowledge that termination will cause the unborn child's death.","description":"Under Pennsylvania law, 'abortion' means any method used to end a pregnancy that a doctor can diagnose, when the person knows it will cause the death of the unborn child. This definition excludes the use of an intrauterine device (IUD) or birth control pill to prevent ovulation, fertilization, or implantation — those are not legally considered abortions. The definition also does not cover removing a dead fetus after a miscarriage, managing an ectopic pregnancy, or treating the pregnant person for a condition that incidentally harms the fetus, provided the primary purpose is not to terminate the pregnancy. The law defines 'unborn child' as 'an individual organism of the species homo sapiens from fertilization until live birth.'","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3203"}]},"current_status":{"title":"Legal until 24 weeks gestational age","summary":"Abortion is legal up to 24 weeks from last menstrual period; after that, only to prevent death or substantial and irreversible impairment of a major bodily function.","description":"Pennsylvania law permits abortion up to 24 weeks of pregnancy, counting from the first day of the last menstrual period. During this period, a physician must determine, in their best clinical judgment, that the abortion is necessary — considering physical, emotional, psychological, familial, and age-related factors. Abortion sought solely because of the sex of the unborn child is not deemed necessary. After 24 weeks, abortion is prohibited unless the physician reasonably believes it is necessary to prevent the pregnant person's death or substantial and irreversible impairment of a major bodily function. There is no law banning abortion at six weeks, at detection of cardiac activity, or at any other pre-viability point. Pennsylvania has no trigger law tied to the reversal of Roe v. Wade; the same statutes that governed abortion before Dobbs continue to govern today.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"},{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3211"}]},"enforcement_status":{"title":"All operative provisions enforced; no injunction","summary":"No provision of Pennsylvania's Abortion Control Act is currently enjoined; the Medicaid coverage exclusion was struck down in April 2026 but the ruling is on appeal.","description":"Pennsylvania's abortion laws are fully in effect. There is no court order blocking any part of the Abortion Control Act today. The spousal notice provision was permanently struck down by the U.S. Supreme Court in 1992 and has never been enforceable. The Medicaid funding ban was ruled unconstitutional by the Commonwealth Court on April 20, 2026, but the Attorney General has appealed that ruling to the Pennsylvania Supreme Court, so the ultimate outcome is pending. All other provisions — the 24-hour waiting period, informed consent requirements, parental consent, physician-only requirement, 24-week limit, facility regulations, and reporting requirements — are in force and being enforced.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3218"},{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/505/833"},{"name":"Pennsylvania Commonwealth Court","href":"https://www.pacourts.us/assets/opinions/Commonwealth/out/26MD19_4-20-26.pdf?cb=1"},{"name":"Commonwealth of Pennsylvania Governor's Office","href":"https://www.pa.gov/content/dam/copapwp-pagov/en/oa/documents/policies/eo/2022-01.pdf"}]},"exceptions":{"life":{"title":"Life exception at all stages","type":"life","summary":"Abortion is permitted at any gestational age to prevent the pregnant woman's death, with physician certification.","description":"If continuing a pregnancy would cause the pregnant person's death, an abortion is legal at any point in pregnancy. The physician performing the abortion must certify in writing, based on their medical examination and judgment, that the abortion is necessary to prevent death. This exception applies both before and after 24 weeks.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3211"}]},"physical_health":{"title":"Physical health exception post-24 weeks","type":"physical_health","summary":"After 24 weeks, abortion is allowed to prevent substantial and irreversible impairment of a major bodily function.","description":"After 24 weeks of pregnancy, an abortion is permitted if the physician reasonably believes it is necessary to prevent substantial and irreversible impairment of a major bodily function. This goes beyond a narrow life-only exception and includes serious threats to physical health that would cause permanent damage to a major organ or bodily system. This exception is available only after 24 weeks — before 24 weeks, no separate health exception is needed because abortion is generally permitted.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3211"}]},"mental_health":{"title":"Mental health factor pre-24 weeks, not post","type":"mental_health","summary":"Mental health is a factor in the necessity determination before 24 weeks, but is not an independent exception after 24 weeks.","description":"Before 24 weeks, a physician may consider the pregnant person's emotional and psychological well-being as part of determining whether an abortion is necessary. After 24 weeks, mental health alone does not qualify — the exception requires preventing death or substantial and irreversible impairment of a major bodily function, which is generally interpreted as a physical-health standard. There is no standalone mental health exception in the post-24-week ban.","verification":"verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"}]},"rape":{"title":"Rape exception for Medicaid funding only","type":"rape","summary":"Rape does not affect the legality of abortion but allows Medicaid funding and omission of paternity-support information.","description":"Pennsylvania does not condition the legality of abortion on whether the pregnancy resulted from rape — abortion is available on the same terms regardless. However, rape matters in two specific contexts: (1) under the state-scripted informed consent, the physician may omit information that the father is liable for child support in cases of rape; and (2) under both the Hyde Amendment and the state's exchange-plan coverage restriction, abortion coverage is available when the pregnancy results from rape. Pennsylvania's Abortion Control Act does not require the rape to be reported to law enforcement to qualify for these provisions.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205"},{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3215"}]},"incest":{"title":"Incest exception for Medicaid funding only","type":"incest","summary":"Like rape, incest affects only Medicaid funding eligibility and informed-consent content, not the legality of abortion itself.","description":"Incest, like rape, does not restrict when a person can obtain an abortion. It matters only for whether Medicaid will pay for the procedure and whether the informed-consent script includes information about the father's child-support obligation. To qualify for Medicaid coverage on this basis, the incest must have been reported to a law enforcement agency.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3215"}]},"fatal_fetal_anomaly":{"title":"No fatal fetal anomaly exception","type":"fatal_fetal_anomaly","summary":"Pennsylvania law does not include a specific exception for fatal fetal anomalies; the physician may consider the woman's well-being factors pre-24 weeks.","description":"There is no separate legal exception that specifically permits abortion after 24 weeks when the fetus has a condition incompatible with life. Before 24 weeks, the physician may consider all factors relevant to the pregnant person's well-being — including a grave fetal diagnosis — as part of the necessity determination. After 24 weeks, a fatal fetal anomaly alone does not qualify unless the physician determines that continuing the pregnancy would cause the pregnant person's death or substantial and irreversible impairment of a major bodily function.","verification":"not_applicable","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic and miscarriage care outside 'abortion'","type":"ectopic_miscarriage_carveout","summary":"Treating ectopic pregnancy and managing miscarriage are not legally classified as 'abortion' because the definition requires intent to cause the unborn child's death.","description":"Treatment for an ectopic pregnancy — where the fertilized egg implants outside the uterus and cannot survive — is not considered an abortion under Pennsylvania law. Similarly, managing a miscarriage (where the fetus has already died) is not an abortion, because the law defines abortion as an act done with knowledge that it will cause the death of the unborn child. In both situations, the physician is not acting to cause death but to treat a medical condition. These procedures are legal at any stage of pregnancy and are not subject to the Abortion Control Act's restrictions.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3203"}]}},"methods":{"procedural_surgical":{"title":"Procedural abortion legal; D&X banned federally","summary":"Procedural abortion is legal through 24 weeks with no state-law method-specific bans; the federal Partial-Birth Abortion Ban Act prohibits D&X procedures.","description":"Surgical abortion procedures — including suction aspiration, dilation and evacuation (D&E), and induction abortion — are legal in Pennsylvania through 24 weeks of pregnancy. Pennsylvania does not have a state-law ban on dilation and evacuation (D&E), sometimes called a 'dismemberment' ban. The federal Partial-Birth Abortion Ban Act of 2003 (18 U.S.C. § 1531) prohibits dilation and extraction (D&X, also called 'intact D&E' or 'partial-birth abortion') nationwide, including in Pennsylvania. That federal law applies at all gestational ages, with an exception when necessary to save the pregnant person's life. Pennsylvania's Abortion Control Act does not independently prohibit any specific surgical method beyond the general 24-week limit.","verification":"semi_verified","confidence":"high","sources":[{"name":"Cornell LII","href":"https://www.law.cornell.edu/uscode/text/18/1531"},{"name":"Cornell LII","href":"https://www.law.cornell.edu/regulations/pennsylvania/title-28/part-III/chapter-29/subchapter-D"}]},"medication":{"title":"Medication abortion legal; telehealth available","summary":"Medication abortion (mifepristone/misoprostol) is legal through 11 weeks under FDA labeling and may be prescribed via telehealth; no Pennsylvania-specific ban on mailing pills.","description":"Medication abortion using mifepristone and misoprostol is legal in Pennsylvania up to 11 weeks of pregnancy, consistent with FDA labeling. Pennsylvania does not have a law that treats medication abortion differently from procedural abortion — the same physician-only requirement applies. However, the state Department of Health confirms that medication abortion is available, and Planned Parenthood affiliates in Pennsylvania offer virtual abortion services with medication prescribed via telehealth. There is no Pennsylvania law prohibiting the mailing of abortion pills into or within the state. The Pennsylvania Attorney General under previous administrations issued guidance affirming that medication abortion is legal and available. The state's informed-consent requirements apply equally to medication abortion, meaning the 24-hour waiting period and state-scripted information must be provided before medication is dispensed.","verification":"verified","confidence":"high","sources":[{"name":"Commonwealth of Pennsylvania","href":"https://www.pa.gov/agencies/health/programs/maternal-health-and-infant-care/abortion"},{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"}]},"self_managed":{"title":"Self-managed abortion: mother exempt from penalty","summary":"A pregnant person who self-manages an abortion cannot be criminally penalized under Pennsylvania's express statutory exemption; no realistic prosecution risk.","description":"Under Pennsylvania law, a person who ends their own pregnancy — for example, by obtaining abortion pills online or using other methods — cannot be charged with a crime under the Abortion Control Act. The statute expressly states that 'no criminal penalty shall apply to a woman who violates any provision of this chapter solely in order to perform or induce or attempt to perform or induce an abortion upon herself.' The law also says that a woman who undergoes an abortion cannot be found guilty of conspiracy or complicity. This means that in practice, self-managed abortion is not criminally punishable for the pregnant person. However, the law does not affirmatively protect the pregnant person from investigation or from other charges that might theoretically apply — for instance, concealing a death or improper disposal of human remains if fetal remains were discovered. No known Pennsylvania prosecution has targeted a person for self-managing an abortion.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3218"}]}},"actors":{"who_may_perform":{"title":"Physician-only; post-first-trimester in hospital","summary":"Only licensed physicians may perform abortions; after the first trimester, the procedure must be done in a hospital.","description":"Only a licensed physician (a medical doctor or doctor of osteopathy) may legally perform an abortion in Pennsylvania. Nurse practitioners, physician assistants, and certified nurse-midwives may not perform abortions. After the first trimester (approximately 13-14 weeks), surgical abortions must be performed in a hospital. Abortion facilities that perform procedures must be licensed and meet the same standards as ambulatory surgical facilities. There is no admitting-privileges requirement for physicians.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"},{"name":"Cornell LII","href":"https://www.law.cornell.edu/regulations/pennsylvania/title-28/part-III/chapter-29/subchapter-D"},{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-448-806"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Mother expressly exempt from criminal penalty","summary":"The pregnant woman is expressly exempted from all criminal penalties under the Abortion Control Act and from complicity and conspiracy charges.","description":"A pregnant person cannot be charged with a crime under Pennsylvania's Abortion Control Act for having an abortion, seeking an abortion, or performing an abortion on herself. The law explicitly says no criminal penalty applies to a woman who violates any provision of the chapter to perform or induce an abortion on herself. The woman also cannot be charged as an accomplice or co-conspirator for undergoing an abortion. This exemption covers both self-managed abortion and abortion performed by another person. There is no civil liability for the pregnant woman under Chapter 32.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3218"}]},"physician":{"title":"Felony third degree; license consequences","summary":"A physician who violates Chapter 32 faces felony charges, license suspension or revocation, civil damages, and punitive damages of $5,000.","description":"A physician who performs an abortion in violation of Pennsylvania law faces serious consequences. Violating the medical consultation and judgment requirements (including performing an abortion after 24 weeks without meeting the life-or-health exception) is a felony of the third degree, punishable by up to 7 years in prison and a fine of up to $15,000. The physician's license can also be suspended or revoked for 'unprofessional conduct.' Additionally, the physician is civilly liable to the patient for any damages and punitive damages of $5,000, plus the patient's attorney fees. Violating informed-consent requirements is a summary offense for the first violation and a misdemeanor of the third degree for subsequent violations.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"},{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3217"}]},"prescriber_pharmacist":{"title":"Non-physician prescribers barred; pharmacists filling valid Rx","summary":"Non-physician prescribers may not prescribe abortion medication; pharmacists filling valid physician prescriptions face no specific abortion-law liability.","description":"Under Pennsylvania's physician-only requirement, nurse practitioners, physician assistants, and other non-physician clinicians may not prescribe or dispense abortion medication. A pharmacist who fills a valid prescription from a licensed physician for abortion medication is not independently subject to the Abortion Control Act's criminal provisions, which target the person who 'performs' the abortion. However, the pharmacist could theoretically face accessory liability if the prescription were issued in violation of the Act. There is no Pennsylvania law that specifically criminalizes dispensing mifepristone or misoprostol by a pharmacist under a valid prescription. For out-of-state prescriptions, the pharmacist must comply with Pennsylvania pharmacy law, which generally requires that prescriptions be issued by a practitioner licensed in the state or authorized under applicable interstate compacts.","verification":"verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"}]},"nurses_and_staff":{"title":"Staff potentially exposed as accomplices","summary":"Nurses and clinical staff who assist in an illegal abortion could face accomplice liability, though the risk is low for staff assisting in lawful procedures.","description":"Nurses, medical assistants, and other clinical staff who help perform an abortion could, in theory, be charged as accomplices if the abortion itself is illegal (for example, an abortion performed after 24 weeks without meeting the life-or-health exception). For staff assisting in lawful abortions — those performed by a physician before 24 weeks with proper informed consent — there is no criminal exposure. The mother's exemption from complicity liability under Section 3218(a) does not extend to medical staff. Pennsylvania has no known prosecutions of clinical staff for assisting in abortion.","verification":"verified","confidence":"medium","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"}]},"other_helpers":{"title":"Helpers not directly targeted by statute","summary":"A friend who drives, a parent who pays, or an employer who reimburses travel faces no express criminal liability under the Abortion Control Act, but general aiding-and-abetting statutes could theoretically apply.","description":"Pennsylvania's Abortion Control Act does not explicitly criminalize people who help someone obtain an abortion — such as driving a friend to a clinic, paying for the procedure, or reimbursing travel expenses. However, general criminal law on accomplice liability could potentially apply if the abortion itself were illegal and the helper acted with intent to facilitate it. Because abortion is generally legal in Pennsylvania up to 24 weeks, this theoretical exposure mostly arises only when the abortion violates the law (for example, an abortion after 24 weeks without meeting the exception). In practice, no friend, family member, employer, or abortion fund has been prosecuted in Pennsylvania for helping someone obtain a lawful abortion. Pennsylvania has no abortion 'trafficking' statute and no civil bounty law.","verification":"semi_verified","confidence":"medium","sources":[{"name":"Pennsylvania General Assembly","href":"https://www.legis.state.pa.us/wu01/li/li/ct/htm/18/00.003..htm"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"No travel-assistance prohibition","summary":"Pennsylvania has no law criminalizing travel out of state for abortion or assisting such travel; the governor's executive order protects against out-of-state prosecutions.","description":"Helping someone travel to another state for an abortion is not a crime under Pennsylvania law. Pennsylvania has not enacted an 'abortion trafficking' statute, and no Pennsylvania law purports to reach conduct occurring entirely in another state. The governor's Executive Order 2022-01 directs state agencies not to cooperate with out-of-state investigations arising from the lawful provision of reproductive health care in Pennsylvania, which includes protecting those who assist with travel. There is no Pennsylvania statute that restricts minors from traveling out of state for abortion, though the parental-consent law might theoretically create a conflict if a third party transports a minor without parental knowledge and the abortion occurs in-state.","verification":"verified","confidence":"high","sources":[{"name":"Commonwealth of Pennsylvania Governor's Office","href":"https://www.pa.gov/content/dam/copapwp-pagov/en/oa/documents/policies/eo/2022-01.pdf"}]},"funding":{"title":"No criminal penalty for funding; insurance restrictions apply","summary":"Paying for someone's abortion is not criminalized, but state Medicaid and exchange-plan coverage is restricted to life, rape, and incest exceptions.","description":"There is no Pennsylvania law that makes it a crime to pay for someone else's abortion. Abortion funds, friends, family members, or employers may pay for abortion care without criminal exposure. However, state-level insurance coverage is restricted: Pennsylvania Medicaid only covers abortion in cases of life endangerment, rape, or incest (though the Commonwealth Court ruled the Medicaid ban unconstitutional in April 2026, that ruling is on appeal). Private health plans sold on the state's ACA exchange may only cover abortion in cases of life endangerment, rape, or incest, unless the enrollee purchases a separate rider. Employer-provided health plans may offer broader abortion coverage if the employer chooses to do so.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3215"}]},"mailing_pills":{"title":"Mailing pills not prohibited by state law","summary":"Pennsylvania has no statute prohibiting the mailing of abortion medication into or within the state; federal law is the primary constraint.","description":"Pennsylvania does not have a law that specifically bans sending abortion pills by mail. The state's Abortion Control Act does not address mailing or shipping medication. General pharmacy and drug-distribution laws apply, but they do not single out abortion medication. The main legal constraint on mailing abortion pills is federal law — specifically the Comstock Act (18 U.S.C. §§ 1461-1462), which prohibits mailing any article 'designed, adapted, or intended for producing abortion.' The federal government's enforcement posture on the Comstock Act has varied by administration. Within Pennsylvania, a person who receives abortion medication by mail for their own use is protected by the mother exemption in § 3218(a).","verification":"semi_verified","confidence":"medium","sources":[{"name":"Cornell LII","href":"https://www.law.cornell.edu/uscode/text/18/1461"}]},"providing_information":{"title":"Information-sharing not criminalized","summary":"Providing information, referrals, or website links about abortion is not criminalized in Pennsylvania, and First Amendment protections would likely bar such restrictions.","description":"Telling someone about abortion options, giving them a clinic phone number, or sharing a website about abortion is not a crime in Pennsylvania. The Abortion Control Act does not regulate speech about abortion. Under the First Amendment, as interpreted by the U.S. Supreme Court, providing truthful information about lawful medical procedures is protected speech. There is no Pennsylvania law that would penalize a physician, counselor, friend, or website for providing abortion-related information, even if the recipient later travels to another state for the procedure.","verification":"not_applicable","confidence":"high"},"civil_bounty":{"title":"No civil-bounty enforcement","summary":"Pennsylvania has no SB8-style law authorizing private citizens to sue abortion providers or helpers for civil damages.","description":"Pennsylvania has not enacted a law like Texas's SB8 that allows private individuals to sue people who perform, aid, or abet an abortion. The only civil remedy in Pennsylvania's Abortion Control Act is the patient's own right to sue a physician who violates the medical-consultation or informed-consent requirements — and that right belongs only to the patient, not to the general public. There is no provision for statutory damages to be awarded to third-party plaintiffs, no 'bounty' mechanism, and no provision allowing suits against helpers, drivers, or funders.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3217"}]}},"procedural_requirements":{"waiting_period":{"title":"24-hour waiting period","summary":"At least 24 hours must pass between the state-mandated informed-consent counseling and the abortion procedure.","description":"Pennsylvania law requires a person seeking an abortion to receive specific information from a physician at least 24 hours before the procedure. This means the person must have an initial consultation visit, receive the required information, and then wait at least a full day before returning for the abortion. The waiting period applies to both medication and procedural abortions. The information can be provided by phone, so the initial visit does not need to be in person, but written certification is required before the procedure.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205"}]},"mandatory_counseling":{"title":"State-scripted informed consent","summary":"A physician must provide state-mandated information including gestational age, risks, alternatives, and the availability of state-printed materials about fetal development.","description":"Before an abortion, the physician must tell the patient specific information required by Pennsylvania law. This includes the nature of the procedure, its risks, the probable gestational age of the unborn child, the medical risks of carrying the pregnancy to term, and the availability of state-published materials that describe the unborn child and list agencies offering alternatives to abortion. The patient must also be told that medical assistance may be available for prenatal care and childbirth, and that the father is liable for child support (except in cases of rape). The patient must certify in writing that this information was provided. The state-produced materials include information about fetal development that some medical organizations have described as medically contested, but the law does not require the physician to endorse those materials — only to inform the patient of their availability.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205"}]},"ultrasound_requirement":{"title":"No ultrasound requirement","summary":"Pennsylvania law does not require an ultrasound before an abortion; a physician must determine gestational age but may do so by any reliable method.","description":"Pennsylvania does not require a person seeking an abortion to have an ultrasound, to view the ultrasound image, or to listen to a description of the fetus. The physician must determine the probable gestational age before performing the abortion, but this can be done by LMP dating, physical examination, or ultrasound — the method is left to the physician's clinical judgment. There is no mandatory display-and-describe requirement of the kind found in some other states.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205"}]},"in_person_visits":{"title":"Two visits required in practice","summary":"The 24-hour waiting period means a patient must have at least one counseling encounter and a separate procedure visit; counseling can be by phone.","description":"Because of the 24-hour waiting period, a person seeking an abortion must have at least two interactions: the informed-consent counseling session and the procedure itself, separated by at least 24 hours. The counseling session does not need to be in person — it can be conducted by phone. However, the actual abortion procedure (whether medication is dispensed or a surgical procedure is performed) requires an in-person visit. For medication abortion, some Pennsylvania providers offer a hybrid model where the counseling is done virtually and the medication is picked up in person or mailed after the waiting period. This means the minimum number of legally compelled in-person visits is one (for the procedure itself), but the combined state requirements effectively force two encounters, at least one of which may be remote.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205"}]}},"minors":{"parental_involvement":{"title":"One-parent consent required","summary":"A minor under 18 must obtain the consent of one parent or guardian, with judicial bypass available; medical emergency exception applies.","description":"In Pennsylvania, a person under 18 years old must get permission from one parent or legal guardian to have an abortion. If the parents are divorced, the consent of the custodial parent is sufficient. The parent must accompany the minor to the clinic to receive the same state-mandated information and provide written consent. If getting parental consent is not possible or would be unsafe — for example, in cases of abuse — the minor can go to court and ask a judge for permission instead. This is called judicial bypass. The parental consent requirement does not apply in a medical emergency. No one, including a parent, is allowed to coerce a minor into having an abortion.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3206"}]},"judicial_bypass":{"title":"Judicial bypass available; mature-minor or best-interests standard","summary":"A minor may petition a judge to authorize an abortion without parental consent on grounds of maturity or best interests; proceedings are confidential and expedited.","description":"If a minor cannot or does not want to involve a parent, they can ask a judge for permission to have an abortion without parental consent. The judge must grant the request if the minor is mature enough to make the decision on their own, or if having the abortion is in the minor's best interests. The court proceedings are confidential, and the minor does not need to pay filing fees. By rule, the court must rule within three business days, and the minor has the right to appeal if the request is denied. The minor may have a lawyer — often provided at no cost by legal aid organizations — and the process is designed to be accessible without parental knowledge.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3206"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"Spousal notice on books, permanently enjoined","summary":"18 Pa.C.S. § 3209, requiring spousal notice, remains in the code but was struck down as unconstitutional in Casey and has never been enforced.","description":"Pennsylvania's law books still contain a provision requiring a married person to notify their spouse before having an abortion. However, the U.S. Supreme Court struck down this requirement in its 1992 Planned Parenthood v. Casey decision, ruling that it placed an undue burden on the right to abortion. This provision has never been enforced and cannot be enforced as long as Casey remains binding precedent. Even after Dobbs, this provision has not been revived because it was held unconstitutional on undue-burden grounds and Pennsylvania has not taken legislative action to reenact or activate it.","verification":"semi_verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3209"},{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/505/833"}]},"enforceability":{"title":"Unenforceable under Casey; Dobbs effect uncertain","summary":"Section 3209 is unenforceable under Casey and likely also under the newly recognized Pennsylvania constitutional right to reproductive autonomy.","description":"The spousal-notice law is not enforceable. It was struck down by the U.S. Supreme Court in 1992, and no Pennsylvania official has attempted to enforce it since. Even though the U.S. Supreme Court later overturned Roe v. Wade in the 2022 Dobbs decision, Dobbs did not specifically address spousal-notice laws, and the holding that § 3209 is unconstitutional has not been formally reversed. Moreover, in April 2026, a Pennsylvania appellate court ruled that the Pennsylvania state constitution protects a fundamental right to reproductive autonomy, which provides an independent barrier to enforcing the spousal-notice requirement.","verification":"semi_verified","confidence":"high","sources":[{"name":"Pennsylvania General Assembly","href":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=0&div=00.&chpt=001.&sctn=028.&subsctn=000."}]},"other_paternal_rights":{"title":"Father has no veto; may seek injunction in theory","summary":"A father has no legal right to prevent an abortion; Pennsylvania courts have not recognized a putative-father's standing to enjoin an abortion or seek damages.","description":"A father or prospective father cannot legally stop a pregnant person from having an abortion in Pennsylvania. There is no law giving a father veto power, and no court in Pennsylvania has recognized a father's right to sue to prevent an abortion. The father's only legally recognized role is the informed-consent script's statement that he is liable for child support (which may be omitted in cases of rape). Under Pennsylvania's wrongful-death statute, a father may bring a claim for a viable fetus that dies as a result of someone else's negligence, but this right does not extend to an abortion chosen by the pregnant person.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide from fertilization; mother exempt","summary":"Pennsylvania's Crimes Against Unborn Child Act creates homicide offenses for killing an unborn child at any stage; the mother and lawful abortion are expressly excluded.","description":"Under Pennsylvania's Crimes Against Unborn Child Act, a third party who kills an unborn child — from fertilization onward — can be charged with criminal homicide, including murder, voluntary manslaughter, or involuntary manslaughter of an unborn child. This law applies to a violent attack on a pregnant woman that kills her fetus. The law expressly excludes lawful abortion and any act by the pregnant woman herself. The mother cannot be prosecuted under this chapter for anything she does to her own pregnancy, including self-managed abortion. This was affirmed by the Pennsylvania Supreme Court in Commonwealth v. Bullock, which upheld the fetal-homicide statute and the mother exemption against constitutional challenge.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-26/section-2604"},{"name":"FindLaw","href":"https://caselaw.findlaw.com/court/pa-supreme-court/1186829.html"}]},"wrongful_death":{"title":"Wrongful death for viable fetus only","summary":"Under Pennsylvania case law, a wrongful-death claim may be brought only for a viable fetus capable of independent existence, not for a pre-viability fetus.","description":"In Pennsylvania, if a third party's negligence causes the death of a fetus, the parents may sue for wrongful death — but only if the fetus was viable (able to survive outside the womb) at the time of death. If the fetus was not yet viable, no wrongful-death claim exists. The Pennsylvania Supreme Court drew this line in two key cases: Amadio v. Levin (1986), which allowed claims for stillborn viable fetuses, and Coveleski v. Bubnis (1993), which refused to extend the right to an eight-week nonviable fetus. The court explicitly left it to the legislature to decide whether to expand liability to pre-viability fetuses. The legislature has not done so.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/pennsylvania/supreme-court/1993/535-pa-166-0.html"}]},"personhood_definition":{"title":"Unborn child defined from fertilization","summary":"Multiple Pennsylvania statutes define 'unborn child' as an individual organism of the species homo sapiens from fertilization until live birth.","description":"Pennsylvania law contains language in several places that defines an 'unborn child' as a human being from the moment of fertilization. The Abortion Control Act itself defines 'unborn child' this way, stating that it means 'an individual organism of the species homo sapiens from fertilization until live birth.' The Crimes Against Unborn Child Act uses similar language. This language reflects the legislature's stated intent to protect 'the life and health of the child subject to abortion.' However, these definitions exist alongside the laws that permit abortion and that expressly exempt the pregnant woman from any criminal liability — creating an internal legal contradiction.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3203"}]},"contradictions_analysis":"Pennsylvania law contains a deep internal contradiction on fetal personhood. Chapter 32 defines the unborn child as 'an individual organism of the species homo sapiens from fertilization until live birth' and states the legislative intent to 'protect the life and health of the child subject to abortion.' Yet the same chapter permits abortion through 24 weeks and expressly exempts the pregnant woman from all criminal penalties — even for self-managed abortion. Chapter 26 separately criminalizes the killing of an unborn child 'at any stage of development' as homicide, but carves out both lawful abortion and any act by the mother. The net effect is that Pennsylvania law simultaneously declares the fertilized ovum a human being worthy of homicide-law protection (against third parties) and permits its termination (by the mother or her physician) as a regulated medical procedure. The Pennsylvania Supreme Court in Commonwealth v. Bullock rationalized this by holding that the mother is 'not similarly situated' to others because she is physically carrying the child, making the differential treatment constitutional. In practice, Pennsylvania treats the fetus as a person for purposes of punishing third-party violence, but not for purposes of restricting abortion."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth prescribing permitted","summary":"Abortion medication may be prescribed via telehealth; the physician-only and informed-consent requirements apply but can be satisfied remotely.","description":"A physician in Pennsylvania may prescribe abortion medication through a telehealth appointment. The state's physician-only requirement and informed-consent rules still apply, but the counseling can be done by phone or video, and the 24-hour waiting period runs from that remote session. Several Pennsylvania Planned Parenthood affiliates offer virtual abortion care with medication prescribed via telehealth. There is no Pennsylvania law requiring that the physician be physically present with the patient when prescribing. A physician licensed in another state may also prescribe via telehealth to a Pennsylvania patient, provided the physician complies with Pennsylvania's telehealth regulations and the Abortion Control Act.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"}]},"out_of_state_travel":{"title":"Out-of-state travel for abortion not restricted","summary":"No Pennsylvania law restricts residents from traveling to another state for an abortion, and the governor's executive order shields returning patients.","description":"A Pennsylvania resident may lawfully travel to another state — including a state where abortion is banned or restricted — to obtain an abortion, and then return to Pennsylvania without legal consequence. Pennsylvania law does not purport to regulate conduct outside its borders. Pennsylvania has no 'abortion trafficking' statute criminalizing travel for abortion, and no statute imposing penalties on residents who obtain abortions in other states. The governor's Executive Order 2022-01 further shields returning patients by directing state agencies not to cooperate with out-of-state investigations into lawful reproductive health care.","verification":"semi_verified","confidence":"high","sources":[{"name":"Pennsylvania General Assembly","href":"https://www.legis.state.pa.us/wu01/li/li/ct/htm/18/00.001..htm"}]},"shield_or_hostile_laws":{"title":"Shield by executive order; no statutory shield","summary":"Pennsylvania protects providers and patients from out-of-state investigations by executive order; no statutory shield law has been enacted.","description":"Pennsylvania currently protects abortion providers and patients from investigations, subpoenas, and extradition requests from other states through an executive order signed by Governor Tom Wolf in July 2022. The order directs all state executive agencies not to provide information or use resources to assist out-of-state investigations into reproductive health care that is legal in Pennsylvania. It also directs the Governor to decline extradition requests arising from such investigations. Governor Josh Shapiro has maintained the order. However, the protection exists only by executive action, not by a statute passed by the legislature, meaning a future governor could rescind it. The Pennsylvania legislature has not enacted a statutory 'shield law' that codifies these protections.","verification":"verified","confidence":"high","sources":[{"name":"Commonwealth of Pennsylvania Governor's Office","href":"https://www.pa.gov/content/dam/copapwp-pagov/en/oa/documents/policies/eo/2022-01.pdf"}]}},"funding_and_insurance":{"medicaid":{"title":"Hyde-only; exclusion ruled unconstitutional on appeal","summary":"State Medicaid funding is restricted to life, rape, and incest by statute; the Commonwealth Court struck this exclusion down in April 2026, but the ruling is on appeal.","description":"Pennsylvania Medicaid currently only covers abortion when the pregnancy endangers the pregnant person's life, or when the pregnancy resulted from rape or incest. This has been the rule since the Abortion Control Act was passed in 1982. However, on April 20, 2026, a Pennsylvania appellate court ruled that this restriction violates the state constitution's Equal Rights Amendment and ordered it struck down. The state's Attorney General has appealed that ruling to the Pennsylvania Supreme Court. Until the Supreme Court rules, the status of Medicaid coverage is uncertain — the Commonwealth Court's ruling would allow broader coverage, but the appeal creates uncertainty about implementation.","verification":"verified","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3215"},{"name":"Pennsylvania Commonwealth Court","href":"https://www.pacourts.us/assets/opinions/Commonwealth/out/26MD19_4-20-26.pdf?cb=1"}]},"private_insurance":{"title":"Private insurance may cover; exchange plans restricted","summary":"Private employer plans may cover abortion; ACA exchange plans may only cover it for life, rape, or incest unless a separate rider is purchased.","description":"Private health insurance plans in Pennsylvania are generally permitted to cover abortion if the insurer and employer choose to include it. There is no Pennsylvania law that bans private insurance coverage of abortion across the board. However, for health insurance plans sold on Pennsylvania's Affordable Care Act marketplace (Pennie), state law restricts abortion coverage to cases of life endangerment, rape, or incest. A person buying an exchange plan who wants broader abortion coverage must purchase an optional separate rider at additional cost. Employer-provided health plans that are not on the exchange are not subject to this restriction.","verification":"verify_before_publication","confidence":"high","sources":[{"name":"Pennsylvania General Assembly","href":"https://www.palegis.us/legislation/bills/2013/hb818"}]},"exchange_plans":{"title":"Exchange plans restricted; rider option","summary":"Plans sold on Pennsylvania's ACA exchange may cover abortion only for life, rape, or incest; broader coverage requires a separate rider.","description":"If a person buys health insurance through Pennie, Pennsylvania's ACA marketplace, the plan will only cover abortion in three circumstances: to save the pregnant person's life, or when the pregnancy resulted from rape or incest. If they want coverage for abortion in other circumstances, they must buy a separate optional rider, which adds to the monthly premium. This restriction was enacted in 2013 and signed into law by Governor Tom Corbett. It does not apply to employer-provided health insurance or plans purchased outside the exchange.","verification":"verify_before_publication","confidence":"high","sources":[{"name":"Pennsylvania General Assembly HB 818 (2013)","href":"https://www.palegis.us/legislation/bills/2013/hb818"}]},"state_funding_of_providers":{"title":"Defunded; restrictions on public facilities","summary":"Pennsylvania law prohibits public funds from going to abortion providers except for non-abortion services; publicly owned facilities may not be used for abortions.","description":"Under the Abortion Control Act, Pennsylvania state agencies and local governments generally cannot spend public money on abortion, and publicly owned hospitals and facilities cannot be used to perform abortions except when necessary to save the pregnant person's life. The state does not provide direct funding to abortion providers for abortion services. However, providers may receive public funding for non-abortion health services such as family planning, cancer screenings, and STI testing. Pennsylvania does not have a separate 'defund Planned Parenthood' statute that singles out that organization.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3215"}]}}},"penalties":[{"actor":"Physician (performing or prescribing)","offense":"Violation of § 3204 (medical consultation/judgment) or § 3211 (24-week limit): Felony third degree. Violation of § 3205 (informed consent): first offense summary offense; subsequent offenses misdemeanor third degree. § 3212 (infanticide/born-alive): Felony third degree.","penalty":"Felony third degree: up to 7 years imprisonment, fine up to $15,000. License suspension or revocation for 'unprofessional conduct.' Civil liability: actual damages plus $5,000 punitive damages and attorney fees.","verification":"verified","sources":[{"name":"FindLaw and Justia","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"}]},{"actor":"Pregnant woman","offense":"Expressly exempted from all criminal penalties for violating Chapter 32, including self-managed abortion, and from complicity and inchoate-crime liability.","penalty":"None.","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3218"}]},{"actor":"Non-physician prescriber (NP, PA, CNM)","offense":"Prescribing abortion medication may constitute performing an abortion in violation of § 3204 (physician-only requirement): Felony third degree.","penalty":"Up to 7 years imprisonment, fine up to $15,000. Professional license consequences.","verification":"verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"}]},{"actor":"Pharmacist","offense":"No direct abortion-law offense for filling valid physician prescription. Complicity liability theoretically possible if prescription was knowingly unlawful.","penalty":"Uncertain; no specific statutory penalty. General accomplice liability under § 306 could apply but is untested.","verification":"semi_verified","sources":[{"name":"Pennsylvania General Assembly","href":"https://www.legis.state.pa.us/wu01/li/li/ct/htm/18/00.003..htm"}]},{"actor":"Clinic staff, nurses, assistants","offense":"Direct violation of § 3204(d) if they knowingly participate: Felony third degree. General accomplice liability under § 306.","penalty":"Up to 7 years imprisonment, fine up to $15,000.","verification":"verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204"}]},{"actor":"Third-party helpers (driver, funder, friend)","offense":"No direct abortion-law offense. General accomplice liability theoretically possible if the underlying abortion is unlawful and the helper acts with intent.","penalty":"Uncertain; depends on underlying offense. No known prosecutions.","verification":"semi_verified","sources":[{"name":"Pennsylvania General Assembly","href":"https://www.legis.state.pa.us/wu01/li/li/ct/htm/18/00.003..htm"}]},{"actor":"False statement makers","offense":"False statements to mislead a public servant: Misdemeanor second degree. False statements on required forms: Misdemeanor third degree.","penalty":"Misdemeanor second degree: up to 2 years imprisonment. Misdemeanor third degree: up to 1 year imprisonment.","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3218"}]}],"recent_changes":[{"date":"2022-07-12","event":"Governor Tom Wolf issued Executive Order 2022-01, shielding abortion providers and out-of-state patients from cooperation with other states' investigations and extradition requests arising from reproductive health care legal in Pennsylvania.","sources":[{"name":"Commonwealth of Pennsylvania Governor's Office","href":"https://www.pa.gov/content/dam/copapwp-pagov/en/oa/documents/policies/eo/2022-01.pdf"}]},{"date":"2022-06-24","event":"Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade. Pennsylvania had no trigger law, so the Abortion Control Act remained in effect unchanged.","sources":[{"name":"Supreme Court of the United States","href":"https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf"}]},{"date":"2024-01-29","event":"Pennsylvania Supreme Court in Allegheny Reproductive Health Center v. PA DHS (26 MAP 2021) held that the state's Medicaid abortion coverage exclusion is a sex-based classification subject to strict scrutiny under the Pennsylvania ERA, overruling Fischer v. Dep't of Public Welfare.","sources":[{"name":"Justia","href":"https://law.justia.com/cases/pennsylvania/supreme-court/2024/26-map-2021.html"}]},{"date":"2026-04-20","event":"Pennsylvania Commonwealth Court, in a 4-3 ruling on remand, held that the Pennsylvania Constitution guarantees a fundamental right to reproductive autonomy and that the Medicaid coverage exclusion is unconstitutional. The court granted summary judgment to abortion providers.","sources":[{"name":"Pennsylvania Commonwealth Court","href":"https://www.pacourts.us/assets/opinions/Commonwealth/out/26MD19_4-20-26.pdf?cb=1"}]},{"date":"2026-05-20","event":"Attorney General Dave Sunday appealed the Commonwealth Court's April 20 ruling to the Pennsylvania Supreme Court.","sources":[{"name":"Pennsylvania Capital-Star","href":"https://penncapital-star.com/briefs/attorney-general-dave-sunday-appeals-decision-overturning-pa-s-ban-on-medicaid-funded-abortion"}]}],"pending_changes":[{"name":"Allegheny Reproductive Health Center v. PA DHS (Medicaid Coverage Appeal)","type":"litigation","status":"On appeal to Pennsylvania Supreme Court following Commonwealth Court's April 20, 2026 ruling striking down the Medicaid coverage exclusion. Briefing underway or pending.","effect":"If the Pennsylvania Supreme Court affirms, Pennsylvania Medicaid would cover abortion beyond the Hyde categories, making abortion financially accessible to low-income Pennsylvanians. If reversed, the Hyde-only restriction would remain in effect.","sources":[{"name":"Pennsylvania Commonwealth Court","href":"https://www.pacourts.us/assets/opinions/Commonwealth/out/26MD19_4-20-26.pdf?cb=1"}]},{"name":"HB 26 — Abortion Restrictions Repeal Act (2025-2026)","type":"legislation","status":"Introduced; referred to House Health Committee. Would repeal most Abortion Control Act provisions including 24-hour waiting period, informed consent mandate, parental consent, 24-week limit, facility licensing requirements, spousal notice, and public funding restrictions.","effect":"If enacted, would eliminate nearly all Pennsylvania-specific abortion restrictions, effectively making abortion legal throughout pregnancy with minimal state regulation. Unlikely to pass the current divided legislature but signals Democratic priorities.","sources":[{"name":"Pennsylvania General Assembly","href":"https://www.palegis.us/legislation/bills/2025/hb26"}]},{"name":"SB 956 — Anti-Abortion Constitutional Amendment (2021-2022; may be reintroduced)","type":"legislation","status":"Passed Senate in 2022 but did not pass both chambers in consecutive sessions as required for a constitutional amendment ballot measure. Anti-abortion legislators may seek to reintroduce.","effect":"Would amend the Pennsylvania Constitution to state that it 'does not grant the right to taxpayer-funded abortion or any other right relating to abortion,' potentially nullifying the Commonwealth Court's fundamental-right-to-reproductive-autonomy ruling.","sources":[{"name":"Pennsylvania General Assembly","href":"https://www.palegis.us/legislation/bills/2021/sb956"}]},{"name":"Federal Mifepristone Litigation (Louisiana v. FDA)","type":"litigation","status":"U.S. Supreme Court preserved telehealth access to mifepristone pending further proceedings; case returns to lower courts. Outcome uncertain.","effect":"Could restrict or eliminate telehealth prescribing and mail-order dispensing of mifepristone nationwide, affecting Pennsylvania patients who rely on telehealth medication abortion.","sources":[{"name":"Supreme Court of the United States","href":"https://www.supremecourt.gov/"}]}],"key_authorities":[{"name":"Pennsylvania Abortion Control Act","citation":"18 Pa.C.S. §§ 3201-3220","type":"statute","url":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32","why":"The comprehensive statutory framework governing all aspects of abortion in Pennsylvania, including the 24-week limit, physician-only requirement, informed consent, parental consent, public funding restrictions, and criminal penalties."},{"name":"Planned Parenthood v. Casey","citation":"Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992)","type":"case","url":"https://supreme.justia.com/cases/federal/us/505/833","why":"The Supreme Court decision that upheld most of Pennsylvania's Abortion Control Act, established the undue-burden standard, and struck down the spousal-notice provision."},{"name":"Allegheny Reproductive Health Center v. PA DHS (Pa. Supreme Court 2024)","citation":"Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., 309 A.3d 808 (Pa. 2024)","type":"case","url":"https://law.justia.com/cases/pennsylvania/supreme-court/2024/26-map-2021.html","why":"Held that sex-based classifications including abortion restrictions are presumptively unconstitutional under Pennsylvania's ERA and subject to strict scrutiny."},{"name":"Allegheny Reproductive Health Center v. PA DHS (Commw. Ct. 2026)","citation":"Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., No. 26 M.D. 2019 (Pa. Commw. Ct. Apr. 20, 2026)","type":"case","url":"https://www.pacourts.us/assets/opinions/Commonwealth/out/26MD19_4-20-26.pdf?cb=1","why":"Recognized a fundamental right to reproductive autonomy under the Pennsylvania Constitution and struck down the Medicaid coverage exclusion as unconstitutional."},{"name":"Crimes Against Unborn Child Act","citation":"18 Pa.C.S. §§ 2601-2608","type":"statute","url":"https://law.justia.com/codes/pennsylvania/title-18/chapter-26/section-2604","why":"Creates fetal homicide offenses from fertilization onward, while expressly exempting the mother and lawful abortion — the core personhood contradiction in Pennsylvania law."},{"name":"Commonwealth v. Bullock","citation":"Commonwealth v. Bullock, 590 Pa. 391, 913 A.2d 207 (2006)","type":"case","url":"https://caselaw.findlaw.com/court/pa-supreme-court/1186829.html","why":"Upheld the Crimes Against Unborn Child Act and the mother exemption against constitutional challenge, rationalizing that the mother is not similarly situated to third parties."},{"name":"Pennsylvania Equal Rights Amendment","citation":"Pa. Const. art. I, § 28","type":"constitution","url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=0&div=00.&chpt=001.&sctn=028.&subsctn=000.","why":"The state constitutional provision at the center of current abortion litigation: 'Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual.'"},{"name":"Executive Order 2022-01","citation":"Executive Order 2022-01 – Reproductive Health Care (July 12, 2022)","type":"agency_guidance","url":"https://www.pa.gov/content/dam/copapwp-pagov/en/oa/documents/policies/eo/2022-01.pdf","why":"The governor's executive order shielding abortion providers and patients from out-of-state investigations, subpoenas, and extradition requests."},{"name":"Exchange Plan Abortion Coverage Restriction","citation":"40 Pa.C.S. § 3302 (Act 13 of 2013)","type":"statute","url":"https://www.palegis.us/legislation/bills/2013/hb818","why":"Restricts abortion coverage in ACA exchange plans to life, rape, and incest unless a separate rider is purchased."},{"name":"Coveleski v. Bubnis","citation":"Coveleski v. Bubnis, 535 Pa. 166, 634 A.2d 608 (1993)","type":"case","url":"https://law.justia.com/cases/pennsylvania/supreme-court/1993/535-pa-166-0.html","why":"Pennsylvania Supreme Court held that wrongful-death actions lie only for viable fetuses, not pre-viability fetuses, and deferred expansion to the legislature."},{"name":"Abortion Facility Regulations","citation":"28 Pa. Code §§ 29.33-29.38; 35 P.S. § 448.806","type":"regulation","url":"https://www.law.cornell.edu/regulations/pennsylvania/title-28/part-III/chapter-29/subchapter-D","why":"Requires post-first-trimester abortions to be performed in hospitals and subjects abortion facilities to ambulatory surgical facility standards."},{"name":"Criminal and Civil Penalty Provisions","citation":"18 Pa.C.S. §§ 3217, 3218","type":"statute","url":"https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3217","why":"Establishes the mother-exemption from all criminal penalties and the physician's civil liability for informed-consent violations."}],"research_notes":{"overall_confidence":"high","editor_notes":"The April 20, 2026 Commonwealth Court ruling declaring a fundamental right to reproductive autonomy under the Pennsylvania Constitution is the most significant recent development and should be monitored closely. The Pennsylvania Supreme Court's eventual ruling will be dispositive. The 2026 gubernatorial election (Governor Shapiro is a candidate) could affect the future of Executive Order 2022-01 and the enforcement of abortion laws generally. The codified text of 40 Pa.C.S. § 3302 should be independently verified. Federal mifepristone litigation may materially alter the availability of medication abortion via telehealth nationwide, including in Pennsylvania. The spousal-notice provision in § 3209 remains on the books but unenforceable; editors should check whether any post-Dobbs legislative action has sought to revive it.","gaps":["The full text of 40 Pa.C.S. § 3302 (exchange-plan abortion coverage restriction) should be verified against the official Pennsylvania Consolidated Statutes, as the primary source located is the enrolled bill rather than the codified text.","Whether a stay has been entered pending appeal of the Commonwealth Court's April 20, 2026 Medicaid ruling could not be definitively confirmed; the practical availability of broader Medicaid-funded abortion depends on this.","The exact status of the federal mifepristone litigation (Louisiana v. FDA) could not be confirmed to the latest docket entry; monitoring the Supreme Court docket is advised.","Whether any Pennsylvania district attorney has issued a non-enforcement pledge regarding abortion offenses could not be determined from available sources.","The interplay between Pennsylvania pharmacy law and out-of-state telehealth prescriptions for abortion medication has not been litigated and remains an area of legal uncertainty.","No comprehensive list of all pending Pennsylvania abortion-related bills beyond HB 26 and the constitutional amendment could be assembled; the 2025-2026 legislative session is active."]}}