Abhortion · State legal snapshot

Pennsylvania

Legal to 24 weeks; regulated. Abortion is legal in Pennsylvania until 24 weeks from last menstrual period, with a 24-hour waiting period, state-scripted informed consent,…

Viability limit As of12 Jul 2026 Research completed12 Jul 2026 Confidence●●● High

§ I · Gestational limit

◐ Legal to 24 wk · from LMP · banned after
0481216202428323640 wk

│ Legal until 24 weeks gestational age · measured from LMP · 18 Pa.C.S. § 3204

§ II · Restriction inventory — 15 checked, 9 in force

◐24-week ban · LMPIn force

◐2 in-person visitsIn force

◐Method ban · D&XIn force

◐Physician-only lawIn force

◐One-parent consentIn force

●Telehealth prescribing banNone

◐24-hour waiting periodIn force

◐Spousal consent or noticeOn the books

●Abortion trafficking lawNone

◐Scripted counselingIn force

●Civil bounty (SB8-style)None

✓Private insurance restrictionIn force

●Ultrasound requirementNone

●Pill-mailing banNone

●Self-managed abortion crimeNone

§ III · Access

Criminal exposure

Procedure

Coverage & interstate

●

Available now

Yes

●

Pregnant person

Expressly exempt

◐

Waiting period

24 hours

◐

Medicaid

Hyde only

●

Medication · telehealth

Legal · telehealth allowed

●

Self-managed

Not a crime

◐

Compelled visits

2 in person

✓

Private insurance

Restricted

◐

Who may perform

Physicians only

✓

Provider max penalty

Felony third degree, up to 7 years…

◐

Minors

One-parent consent

●

Shield state

Yes

●

Mailing pills

Not banned

◐

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 · Where the line is drawn — governing authorities

■

Pennsylvania Abortion Control Act, 18 Pa.C.S. §§ 3201-3220 — The comprehensive statutory framework governing all aspects of abortion in…

1992 ●

Planned Parenthood v. Casey, Planned Parenthood of Southeastern Pa. v.… — The Supreme Court decision that upheld most of Pennsylvania's Abortion Control Act,…

2024 ●

Allegheny Reproductive Health Center v. PA DHS (Pa. Supreme Court 2024), Allegheny Reprod. Health Ctr. v. Pa. Dep't… — Held that sex-based classifications including abortion restrictions are presumptively…

“It is the intention of the General Assembly of the Commonwealth of Pennsylvania to protect hereby the life and health of the woman subject to abortion and to protect the life and health of the child subject to abortion.”— 18 Pa.C.S. § 3202(a)

Fetal personhood — how the contradiction is walled off

✓ 18 Pa.C.S. § 3203

“An individual organism of the species homo sapiens from fertilization until live birth.”

Unborn child defined from fertilization

→

● Exempt · pregnant woman

Mother expressly exempt from criminal penalty

● Carved out · abortion

Abortion is not chargeable under the homicide statutes.

✓ Reached · third parties

Fetal homicide from fertilization; mother exempt

Pennsylvania law contains a deep internal contradiction on fetal personhood. Wrongful death: Wrongful death for viable fetus only.

§ V · Criminal exposure by actor

●

Pregnant woman

Mother expressly exempt from criminal…

✓

Physician

Felony third degree; license…

✓

Non-physician prescriber

Non-physician prescribers barred;…

○

Helpers · funds

Helpers not directly targeted by statute

●

Travel helpers

No travel-assistance prohibition

●

Civil bounty

No civil-bounty enforcement

✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical

Penalties on the books — top 5

ActorOffensePenalty Physician (performing or…Violation of § 3204 (medical consultation/judgment)…Felony third degree: up to 7 years imprisonment, fine up to… Pregnant womanExpressly exempted from all criminal penalties for…None. Non-physician prescriber (NP,…Prescribing abortion medication may constitute…Up to 7 years imprisonment, fine up to $15,000. Professional… PharmacistNo direct abortion-law offense for filling valid…Uncertain; no specific statutory penalty. General accomplice… Clinic staff, nurses,…Direct violation of § 3204(d) if they knowingly…Up to 7 years imprisonment, fine up to $15,000.
Abhortion · State legal snapshot · PennsylvaniaNot legal advice — verify citations before reliance · 1 / 2

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

24 Jun 2022●

Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade.

12 Jul 2022◆

Governor Tom Wolf issued Executive Order 2022-01, shielding abortion providers and out-of-state patients from…

29 Jan 2024●

Pennsylvania Supreme Court in Allegheny Reproductive Health Center v.

20 Apr 2026●

Pennsylvania Commonwealth Court, in a 4-3 ruling on remand, held that the Pennsylvania Constitution guarantees a…

20 May 2026●

Attorney General Dave Sunday appealed the Commonwealth Court's April 20 ruling to the Pennsylvania Supreme Court.

§ VII · Exceptions matrix

Named in lawVerified Life of the pregnant personLife exception at all stages◐✓ Physical healthPhysical health exception post-24 weeks◐✓ Mental healthMental health factor pre-24 weeks, not post✓✓ RapeRape exception for Medicaid funding only◐✓ IncestIncest exception for Medicaid funding only◐✓ Fatal fetal anomalyNo fatal fetal anomaly exception✓— Miscarriage · ectopic careEctopic and miscarriage care outside…◐✓

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 · Shield law & interstate

● Shield state

Shield by executive order; no statutory shield

● Travel unrestricted

Out-of-state travel for abortion not restricted

● Telehealth prescribing allowed

Telehealth prescribing permitted

● Pill mailing not banned

Mailing pills not prohibited by state law

○ Funding help unclear

No criminal penalty for funding; insurance restrictions…

○ Providing information

Information-sharing not criminalized

Interstate posturePennsylvania protects providers and patients from out-of-state investigations by executive order; no statutory shield law has been enacted.

§ IX · Who pays

Hyde-only; exclusion ruled unconstitutional on…

Life

Hyde · federal

Rape

Hyde · federal

Incest

Hyde · federal

Beyond Hyde

Not covered

✓

Private insurance may cover; exchange plans restricted

Exchange plans restricted; rider option

✓

Defunded; restrictions on public facilities

● Conflicting authority — The Commonwealth Court declared the exclusion unconstitutional; the Attorney General has appealed. The Pennsylvania Supreme Court has not yet ruled. The exclusion remains in the statute but…

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

Litigation

Allegheny Reproductive Health Center v. PA DHS (Medicaid…On appeal to Pennsylvania Supreme Court following Commonwealth Court's April 20, 2026 ruling striking down…

If the Pennsylvania Supreme Court affirms, Pennsylvania Medicaid would cover abortion beyond the Hyde categories, making abortion financially accessible to low-income…

Legislation

HB 26 — Abortion Restrictions Repeal Act (2025-2026)Introduced; referred to House Health Committee. Would repeal most Abortion Control Act provisions including…

If enacted, would eliminate nearly all Pennsylvania-specific abortion restrictions, effectively making abortion legal throughout pregnancy with minimal state regulation.…

Legislation

SB 956 — Anti-Abortion Constitutional Amendment (2021-2022; may…Passed Senate in 2022 but did not pass both chambers in consecutive sessions as required for a constitutional…

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…

Litigation

Federal Mifepristone Litigation (Louisiana v. FDA)U.S. Supreme Court preserved telehealth access to mifepristone pending further proceedings; case returns to…

Could restrict or eliminate telehealth prescribing and mail-order dispensing of mifepristone nationwide, affecting Pennsylvania patients who rely on telehealth…

§ XI · Key authorities ● case  ■ statute  ◆ agency

■Pennsylvania Abortion Control Act 18 Pa.C.S. §§ 3201-3220

●Planned Parenthood v. Casey Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S.…

●Allegheny Reproductive Health Center v. PA DHS (Pa.… Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human…

●Allegheny Reproductive Health Center v. PA DHS… Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human…

■Crimes Against Unborn Child Act 18 Pa.C.S. §§ 2601-2608

●Commonwealth v. Bullock Commonwealth v. Bullock, 590 Pa. 391, 913 A.2d 207 (2006)

■Pennsylvania Equal Rights Amendment Pa. Const. art. I, § 28

◆Executive Order 2022-01 Executive Order 2022-01 – Reproductive Health Care (July…

■Exchange Plan Abortion Coverage Restriction 40 Pa.C.S. § 3302 (Act 13 of 2013)

●Coveleski v. Bubnis Coveleski v. Bubnis, 535 Pa. 166, 634 A.2d 608 (1993)

◆Abortion Facility Regulations 28 Pa. Code §§ 29.33-29.38; 35 P.S. § 448.806

■Criminal and Civil Penalty Provisions 18 Pa.C.S. §§ 3217, 3218

◐ Semi-verified — confirm at sourceSurgical methods · Helpers · Mailing pills · Spousal consent / notice · Spousal enforceability · Out-of-state travel
○ Verify before publicationPrivate insurance · Exchange plans · The full text of 40 Pa.C.S. § 3302 (exchange-plan abortion coverage restriction) should be verified against the official Pennsylvania Consolidated…
← Full Pennsylvania survey Download PDF