--- title: "Pennsylvania — abortion law" 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…" type: "legislation" jurisdiction: "Pennsylvania" as_of_date: "2026-07-12" source_url: "https://www.abhortion.org/legislation/pa.html" --- # Pennsylvania — abortion law _Pennsylvania · United States_ ## Overview **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, one-parent consent for minors, and a physician-only requirement. 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. > "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) **Legal analysis** Pennsylvania's Abortion Control Act, 18 Pa.C.S. §§ 3201-3220, enacted in 1982 and amended in 1988 and 1989, governs abortion. The U.S. Supreme Court in Planned Parenthood v. Casey, 505 U.S. 833 (1992), upheld its core framework (informed consent, 24-hour waiting period, parental consent, and reporting) while striking down its spousal notice provision (§ 3209) as an undue burden. Following Dobbs v. Jackson Women's Health Org. (2022), Pennsylvania has no trigger law; the pre-Dobbs statutory regime remains in full effect. On April 20, 2026, the Pennsylvania Commonwealth Court in Allegheny Reproductive Health Center v. PA DHS held that the Pennsylvania Constitution guarantees a fundamental right to reproductive autonomy and struck down the Medicaid coverage exclusion as unconstitutional. That ruling is on appeal to the Pennsylvania Supreme Court. The Pennsylvania Supreme Court, in Allegheny Reproductive Health Center v. PA DHS, 309 A.3d 808 (Pa. 2024), had already held that sex-based classifications including abortion restrictions are presumptively unconstitutional under the state Equal Rights Amendment (Art. I, § 28) and subject to strict scrutiny, overruling prior precedent. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3202(a), subsection (a), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3202) · Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992), [Justia](https://supreme.justia.com/cases/federal/us/505/833) · Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., 309 A.3d 808 (Pa. 2024), [Justia](https://law.justia.com/cases/pennsylvania/supreme-court/2024/26-map-2021.html)* ## At a glance Every machine-readable determination in the research document. Each value is derived from a sourced finding below. | Field | Value | | --- | --- | | Legal classification | Viability limit | | Gestational limit weeks | 24 | | Limit measured from | Last menstrual period | | Abortion currently available | Yes | | Ban or limit enjoined | No | | Mother expressly exempt | Yes | | Mother prosecutable in practice | No | | Self managed abortion criminalized | No | | Abortion charged as homicide | No | | Fetal homicide law | Yes | | Fetal wrongful death action | Yes | | Personhood language in law | Yes | | Personhood contradiction | Yes | | Medication abortion distinct status | No | | Mailing pills banned | No | | Method bans | D and x | | Telehealth prescribing allowed | Yes | | Physician only law | Yes | | 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 | No | | Civil bounty law | No | | Shield state | Yes | | Waiting period hours | 24 | | State scripted counseling | Yes | | Ultrasound required | None | | In person visits required | 2 | | Parental involvement | Consent one parent | | Judicial bypass available | Yes | | Spousal consent or notice on books | Yes | | Medicaid coverage | Hyde only | | Private insurance restricted | Yes | | State funding posture | Defunds providers | | Rape incest exception | Yes | | Exceptions present | Life, Physical health, Rape, Incest, Ectopic miscarriage carveout | | Major pending change | Yes | ## Definitions **Termination of clinically diagnosable pregnancy** 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. 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.' > "The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean the use of an intrauterine device or birth control pill to inhibit or prevent ovulation, fertilization or the implantation of a fertilized ovum." > — 18 Pa.C.S. § 3203 **Legal analysis** 18 Pa.C.S. § 3203 defines 'Abortion' as: 'The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child except that, for the purposes of this chapter, abortion shall not mean the use of an intrauterine device or birth control pill to inhibit or prevent ovulation, fertilization or the implantation of a fertilized ovum.' 'Clinically diagnosable pregnancy' is defined as 'a pregnancy that can be determined by a physician by means of standard gynecological testing, ultrasound or pathological examination.' 'Unborn child' is defined as 'an individual organism of the species homo sapiens from fertilization until live birth.' The definition is critical because it carves out contraception and pre-implantation activity, meaning the entire Chapter 32 regulatory apparatus does not apply to those situations. Miscarriage management (treating fetal death) is outside the definition because it lacks 'knowledge that the termination...will...cause the death of the unborn child' — the unborn child is already deceased. Ectopic pregnancy management is within the definition but falls under medical emergency exceptions. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3203, definition of 'Abortion', [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3203)* ## Current status **Legal until 24 weeks gestational age** 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. 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. > "It shall not be a violation of subsection (a) if an abortion is performed by a physician and that physician reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman." > — 18 Pa.C.S. § 3204 **Legal analysis** The operative provisions are 18 Pa.C.S. § 3204 (medical consultation and judgment) and § 3211 (abortion on unborn child of 24 or more weeks gestational age). Section 3204(a) provides that 'No abortion shall be performed except by a physician after either: (1) he determines that, in his best clinical judgment, the abortion is necessary; or (2) he receives what he reasonably believes to be a written statement signed by another physician...certifying that in this referring physician's best clinical judgment the abortion is necessary.' Section 3204(c) enumerates factors: 'physical, emotional, psychological, familial and the woman's age.' Section 3211(a) prohibits abortion at 24 or more weeks gestational age. Section 3211(b) provides the post-24-week exception: 'It shall not be a violation of subsection (a) if an abortion is performed by a physician and that physician reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman.' Gestational age is measured 'from the first day of the last menstrual period of the pregnant woman,' per § 3211(g). The Commonwealth Court's April 20, 2026 decision finding a fundamental right to reproductive autonomy under the Pennsylvania Constitution does not directly alter the 24-week limit, but provides a constitutional floor that could be used to challenge additional restrictions. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3204, subsection (a), [FindLaw](https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204) · 18 Pa.C.S. § 3211, subsection (b), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3211)* ## Law-in-effect vs. law-on-the-books **All operative provisions enforced; no injunction** 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. 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. > "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" > — 18 Pa.C.S. § 3218(a) **Legal analysis** The Abortion Control Act's provisions were challenged and largely upheld in Planned Parenthood v. Casey, 505 U.S. 833 (1992). Section 3209 (spousal notice) was permanently enjoined as unconstitutional by Casey and remains on the books but unenforceable. Following Dobbs, Pennsylvania had no trigger law to activate — the pre-Dobbs regime continued uninterrupted. On April 20, 2026, the Commonwealth Court in Allegheny Reproductive Health Center v. PA DHS, No. 26 M.D. 2019, held that the Pennsylvania Constitution guarantees a fundamental right to reproductive autonomy and that the Medicaid coverage exclusion (18 Pa.C.S. § 3215(c) and (j)) is unconstitutional. Attorney General Dave Sunday filed an appeal to the Pennsylvania Supreme Court on May 20, 2026. The Commonwealth Court did not enjoin or alter the gestational-limit or any other provision. Governor Josh Shapiro's Executive Order 2022-01 (July 12, 2022) directs executive agencies not to cooperate with out-of-state investigations arising from lawful provision of abortion in Pennsylvania, but this does not alter the enforceability of Pennsylvania law itself. **Conflicting authority.** The Medicaid coverage exclusion ruling is on appeal. The Attorney General argues the exclusion is constitutional; the Commonwealth Court held otherwise. The Pennsylvania Supreme Court has not yet ruled on the appeal. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3218(a), subsection (a), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3218) · Planned Parenthood v. Casey, 505 U.S. 833 (1992), Part V-C, [Justia](https://supreme.justia.com/cases/federal/us/505/833) · Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., No. 26 M.D. 2019 (Pa. Commw. Ct. Apr. 20, 2026), [Pennsylvania Commonwealth Court](https://www.pacourts.us/assets/opinions/Commonwealth/out/26MD19_4-20-26.pdf?cb=1) · Executive Order 2022-01, [Commonwealth of Pennsylvania Governor's Office](https://www.pa.gov/content/dam/copapwp-pagov/en/oa/documents/policies/eo/2022-01.pdf)* **Editor's note.** Verify the status of the Attorney General's appeal in Allegheny Reproductive Health Center before publication; the Pennsylvania Supreme Court's docket should be checked for any orders. ## Exceptions ### Life of the mother **Life exception at all stages** Abortion is permitted at any gestational age to prevent the pregnant woman's death, with physician certification. 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. > "It shall not be a violation of subsection (a) if an abortion is performed by a physician and that physician reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman." > — 18 Pa.C.S. § 3211(b) **Legal analysis** 18 Pa.C.S. § 3211(b) provides that it is not a violation of the 24-week limit if the physician 'reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman.' Sections 3215(c) permits public funding when 'abortion is necessary to avert the death of the mother on certification by a physician.' The exception does not require approval from a second physician or a hospital committee. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3211(b), subsection (b), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3211)* ### Physical health **Physical health exception post-24 weeks** After 24 weeks, abortion is allowed to prevent substantial and irreversible impairment of a major bodily function. 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. > "substantial and irreversible impairment of a major bodily function of the woman" > — 18 Pa.C.S. § 3211(b) **Legal analysis** 18 Pa.C.S. § 3211(b) uses the phrase 'substantial and irreversible impairment of a major bodily function.' This language was upheld as constitutional in Casey and has not been amended since. It is a higher bar than a general 'health' exception but is materially broader than a pure life exception. Before 24 weeks, § 3204(c) permits the physician to consider 'all factors (physical, emotional, psychological, familial and the woman's age) relevant to the well-being of the woman,' effectively incorporating health considerations into the necessity determination. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3211(b), subsection (b), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3211)* ### Mental health **Mental health factor pre-24 weeks, not post** Mental health is a factor in the necessity determination before 24 weeks, but is not an independent exception after 24 weeks. 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. > "a physician's best clinical judgment may be exercised in the light of all factors (physical, emotional, psychological, familial and the woman's age) relevant to the well-being of the woman" > — 18 Pa.C.S. § 3204(c) **Legal analysis** 18 Pa.C.S. § 3204(c) lists 'emotional, psychological' factors among those a physician may consider in determining necessity before 24 weeks. Section 3211(b), the post-24-week exception, does not mention mental health and uses the physical-health framing of 'substantial and irreversible impairment of a major bodily function.' Pennsylvania courts have not interpreted whether this could encompass severe psychiatric conditions. As a practical matter, the post-24-week exception is understood to require a physical-health threat. *Sources — Verified at source · Medium confidence · 18 Pa.C.S. § 3204(c), subsection (c), [FindLaw](https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204)* **Editor's note.** No Pennsylvania appellate decision has addressed whether § 3211(b)'s 'substantial and irreversible impairment of a major bodily function' encompasses severe mental health conditions. ### Rape **Rape exception for Medicaid funding only** Rape does not affect the legality of abortion but allows Medicaid funding and omission of paternity-support information. 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. > "The father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion. In the case of rape, this information may be omitted." > — 18 Pa.C.S. § 3205(a)(2)(iii) **Legal analysis** 18 Pa.C.S. § 3205(a)(2)(iii) provides that 'In the case of rape, this information may be omitted' — referring to information about the father's support liability. 18 Pa.C.S. § 3215(c)(3) permits public funding when the pregnancy resulted from rape or incest and the incident was reported to law enforcement. The Hyde Amendment, which controls federal Medicaid funds, permits coverage for rape and incest. Pennsylvania's exchange-plan restriction (Act 13 of 2013, 40 Pa.C.S. § 3302) similarly limits coverage to life, rape, and incest. There is no gestational limit tied to rape — it matters only for funding and counseling, not for the underlying legality of the procedure. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3205(a)(2)(iii), subsection (a)(2)(iii), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205) · 18 Pa.C.S. § 3215(c)(3), subsection (c)(3), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3215)* ### Incest **Incest exception for Medicaid funding only** Like rape, incest affects only Medicaid funding eligibility and informed-consent content, not the legality of abortion itself. 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. > "When the pregnancy resulted from rape or incest and the incident was reported to a law enforcement agency having the requisite jurisdiction." > — 18 Pa.C.S. § 3215(c)(3) **Legal analysis** 18 Pa.C.S. § 3215(c)(3) authorizes public funding for abortion when the pregnancy resulted from rape or incest 'and the incident was reported to a law enforcement agency having the requisite jurisdiction.' This reporting requirement is a significant practical barrier: a survivor must have filed a police report. Pennsylvania does not define incest separately for purposes of this exception; general criminal incest statutes would govern. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3215(c)(3), subsection (c)(3), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3215)* ### Fatal fetal anomaly **No fatal fetal anomaly exception** 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. 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. **Legal analysis** No provision of Chapter 32 creates a fatal-fetal-anomaly exception. Because § 3204(c) allows consideration of 'all factors...relevant to the well-being of the woman' before 24 weeks, a physician may take a fatal fetal diagnosis into account in that period. After 24 weeks, the standard is limited to death or substantial and irreversible impairment of a major bodily function of the woman. In practice, physicians may determine that carrying a nonviable pregnancy to term meets this standard in individual cases, but the statute does not provide explicit authorization. *Sources — No law on this point · High confidence · 18 Pa.C.S. § 3204(c), subsection (c), [FindLaw](https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204)* **Editor's note.** Pennsylvania law contains no express exception for fatal fetal anomaly. Pre-24-week necessity determination may encompass it. Post-24-week, the standard is the woman's life or major bodily function. ### Ectopic pregnancy & miscarriage care **Ectopic and miscarriage care outside 'abortion'** Treating ectopic pregnancy and managing miscarriage are not legally classified as 'abortion' because the definition requires intent to cause the unborn child's death. 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. > "The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child" > — 18 Pa.C.S. § 3203 **Legal analysis** 18 Pa.C.S. § 3203 defines abortion as requiring 'knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child.' In ectopic pregnancy treatment, the embryo cannot survive regardless, and the physician's purpose is to save the woman's life. In miscarriage management, the unborn child is already deceased, so there is no 'death' to cause. These procedures are governed by general medical-practice law, not Chapter 32. The 'medical emergency' provisions of §§ 3204(b), 3205(b), and 3206(d) also independently exempt emergency treatment from the waiting-period and consent requirements. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3203, definition of 'Abortion', [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3203)* ## Methods ### Procedural surgical **Procedural abortion legal; D&X banned federally** 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. 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. > "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both." > — 18 U.S.C. § 1531(a) **Legal analysis** Pennsylvania has no state-level D&E ban or 'dismemberment' ban. The federal Partial-Birth Abortion Ban Act, upheld in Gonzales v. Carhart, 550 U.S. 124 (2007), applies in Pennsylvania and prohibits 'intact D&E' (D&X). Pennsylvania Code 28 Pa. Code § 29.34 requires that abortions after the first trimester be performed in a hospital, and 35 P.S. § 448.806 requires abortion facilities to meet ambulatory surgical facility standards. These facility requirements are functional constraints on procedural abortion but not method-specific bans. *Sources — Semi-verified · High confidence · 18 U.S.C. § 1531(a), subsection (a), [Cornell LII](https://www.law.cornell.edu/uscode/text/18/1531) · 28 Pa. Code § 29.34, § 29.34, [Cornell LII](https://www.law.cornell.edu/regulations/pennsylvania/title-28/part-III/chapter-29/subchapter-D)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Medication **Medication abortion legal; telehealth available** 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. 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. > "Both medication and in-clinic procedure abortions continue to be legal and available in Pennsylvania." > — Pennsylvania Department of Health, Abortion **Legal analysis** Medication abortion is governed by the same Chapter 32 provisions as procedural abortion: physician-only performance (§ 3204), informed consent and 24-hour waiting period (§ 3205), parental consent for minors (§ 3206), and the 24-week gestational limit (§ 3211), though medication abortion is only FDA-approved through 11 weeks. Pennsylvania has no law requiring in-person dispensing of mifepristone or prohibiting mailing. The FDA's 2021 removal of the in-person dispensing requirement for mifepristone (currently stayed in part nationwide in mifepristone litigation) means that, as of this writing, telehealth prescribing and mail-order pharmacy dispensing are federally permitted and not separately restricted by Pennsylvania. The Pennsylvania Abortion Control Act's § 3204 physician-only requirement means that a physician must determine necessity, but this can occur via telehealth consultation. *Sources — Verified at source · High confidence · Pennsylvania Department of Health, Abortion, [Commonwealth of Pennsylvania](https://www.pa.gov/agencies/health/programs/maternal-health-and-infant-care/abortion) · 18 Pa.C.S. § 3204, subsection (a), [FindLaw](https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204)* **Editor's note.** The federal mifepristone litigation (FDA v. Alliance for Hippocratic Medicine, then Louisiana v. FDA) creates ongoing uncertainty about the federal legality of telehealth prescribing. Monitor the Supreme Court docket. ### Self managed **Self-managed abortion: mother exempt from penalty** A pregnant person who self-manages an abortion cannot be criminally penalized under Pennsylvania's express statutory exemption; no realistic prosecution risk. 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. > "Notwithstanding any other provision of this chapter, 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." > — 18 Pa.C.S. § 3218(a) **Legal analysis** 18 Pa.C.S. § 3218(a) provides a broad exemption: 'Notwithstanding any other provision of this chapter, 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. Nor shall any woman who undergoes an abortion be found guilty of having committed an offense, liability for which is defined under section 306 (relating to liability for conduct of another; complicity) or Chapter 9 (relating to inchoate crimes), by reason of having undergone such abortion.' This exemption covers self-managed abortion using pills, herbs, or any other means, and extends to accomplice and conspiracy liability under the general criminal code. It does not, however, expressly exempt the pregnant person from statutes outside Chapter 32, such as drug laws (if abortion pills were prosecuted as controlled substances) or fetal homicide under Chapter 26 — though Chapter 26 separately exempts the mother. The net effect is that the pregnant woman faces no criminal exposure for self-managing an abortion under Pennsylvania law as enforced. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3218(a), subsection (a), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3218)* **Editor's note.** While § 3218(a) exempts the pregnant woman from criminal liability under Chapter 32 and complicity/conspiracy, it does not expressly exempt her from other statutes (e.g., abuse of corpse, drug possession). No such prosecutions are known. ## Actors ### Who may perform **Physician-only; post-first-trimester in hospital** Only licensed physicians may perform abortions; after the first trimester, the procedure must be done in a hospital. 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. > "No abortion shall be performed except by a physician after either: (1) he determines that, in his best clinical judgment, the abortion is necessary..." > — 18 Pa.C.S. § 3204(a) **Legal analysis** 18 Pa.C.S. § 3204(a): 'No abortion shall be performed except by a physician.' 28 Pa. Code § 29.34: 'Abortions not permitted on an ambulatory basis' after the first trimester, meaning they must occur in a hospital. 35 P.S. § 448.806 requires abortion facilities to be licensed and meet ambulatory surgical facility standards. Pennsylvania has no admitting-privileges requirement. The physician-only limitation applies to both procedural and medication abortions, meaning a physician must determine necessity and issue the prescription for medication abortion even if a non-physician clinician manages other aspects of care. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3204(a), subsection (a), [FindLaw](https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204) · 28 Pa. Code § 29.34, § 29.34, [Cornell LII](https://www.law.cornell.edu/regulations/pennsylvania/title-28/part-III/chapter-29/subchapter-D) · 35 P.S. § 448.806, subsection (a)(1), [FindLaw](https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-448-806)* ### Criminal civil exposure #### Pregnant woman **Mother expressly exempt from criminal penalty** The pregnant woman is expressly exempted from all criminal penalties under the Abortion Control Act and from complicity and conspiracy charges. 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. > "Notwithstanding any other provision of this chapter, 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." > — 18 Pa.C.S. § 3218(a) **Legal analysis** 18 Pa.C.S. § 3218(a) provides two layers of protection: first, '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'; second, no woman who 'undergoes an abortion' can be found guilty under § 306 (complicity) or Chapter 9 (inchoate crimes) 'by reason of having undergone such abortion.' The civil-penalty provision, § 3217, applies only to 'any physician who knowingly violates' §§ 3204 or 3205. No provision of Chapter 32 imposes civil liability on the pregnant woman. The Crimes Against Unborn Child Act (Chapter 26) separately exempts the mother: § 2604(c) provides that 'nothing in this section shall apply to...an abortion.' *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3218(a), subsection (a), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3218)* #### Physician **Felony third degree; license consequences** A physician who violates Chapter 32 faces felony charges, license suspension or revocation, civil damages, and punitive damages of $5,000. 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. > "Any person who intentionally, knowingly or recklessly violates the provisions of this section commits a felony of the third degree, and any physician who violates the provisions of this section is guilty of 'unprofessional conduct' and his license for the practice of medicine and surgery shall be subject to suspension or revocation." > — 18 Pa.C.S. § 3204(d) **Legal analysis** 18 Pa.C.S. § 3204(d): 'Any person who intentionally, knowingly or recklessly violates the provisions of this section commits a felony of the third degree.' 18 Pa.C.S. § 3205(c): 'Any physician who violates the provisions of this section is guilty of unprofessional conduct and his license...shall be subject to suspension or revocation.' First-offense failure to obtain informed consent is a summary offense; subsequent offenses are misdemeanors of the third degree. 18 Pa.C.S. § 3217 imposes civil liability on physicians for knowingly violating §§ 3204 or 3205: 'civilly liable to his patient for any damages caused thereby and...punitive damages in the amount of $5,000, and the court shall award a prevailing plaintiff a reasonable attorney fee as part of costs.' 18 Pa.C.S. § 3211(d): violation of the 24-week limit is also a felony of the third degree. A felony of the third degree carries up to 7 years imprisonment under 18 Pa.C.S. § 1103 and a fine up to $15,000 under 18 Pa.C.S. § 1101. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3204(d), subsection (d), [FindLaw](https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204) · 18 Pa.C.S. § 3217, [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3217)* #### Prescriber pharmacist **Non-physician prescribers barred; pharmacists filling valid Rx** Non-physician prescribers may not prescribe abortion medication; pharmacists filling valid physician prescriptions face no specific abortion-law liability. 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. > "No abortion shall be performed except by a physician." > — 18 Pa.C.S. § 3204(a) **Legal analysis** 18 Pa.C.S. § 3204(a) limits performance to physicians. 'Performance' of a medication abortion arguably encompasses prescribing the medication. A non-physician prescriber who prescribes mifepristone could be charged under § 3204(d) (felony third degree). A pharmacist filling a valid physician prescription is unlikely to face liability under Chapter 32 because the pharmacist is not 'performing' the abortion and the pregnant woman is exempt. However, 18 Pa.C.S. § 306 (complicity) could theoretically reach a pharmacist who knowingly facilitates an illegal abortion. For out-of-state prescriptions (e.g., from a shield-state physician prescribing via telehealth to a Pennsylvania patient), the prescribing physician rather than the dispensing pharmacist would be the primary target of any enforcement. *Sources — Verified at source · Medium confidence · 18 Pa.C.S. § 3204(a), subsection (a), [FindLaw](https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204)* **Editor's note.** No appellate decision has addressed whether a pharmacist faces criminal exposure for dispensing mifepristone under a valid prescription. The analysis here reflects statutory interpretation, not judicial precedent. #### Nurses and staff **Staff potentially exposed as accomplices** 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. 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. > "Any person who intentionally, knowingly or recklessly violates the provisions of this section commits a felony of the third degree." > — 18 Pa.C.S. § 3204(d) **Legal analysis** 18 Pa.C.S. § 306 (complicity) provides that a person is an accomplice if, 'with the intent of promoting or facilitating the commission of the offense,' they aid or attempt to aid another in committing it. Staff who knowingly assist a physician in performing an abortion that violates Chapter 32 could face accomplice liability. The pregnant-woman exemption in § 3218(a) is personal to the woman and does not extend to third parties. However, § 3204(d) targets 'any person who intentionally, knowingly or recklessly violates' its provisions, which could directly reach non-physician staff. The practical risk is low because the abortion must first be established as illegal, and prosecutorial discretion in Pennsylvania has not historically targeted clinic staff. *Sources — Verified at source · Medium confidence · 18 Pa.C.S. § 3204(d), subsection (d), [FindLaw](https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204)* **Editor's note.** No known Pennsylvania prosecution of clinic staff for assisting in abortion. The analysis is statutory; practical enforcement is untested. #### Other helpers **Helpers not directly targeted by statute** 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. 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. **Legal analysis** Chapter 32 does not include provisions that specifically target helpers, funders, or facilitators. General accomplice liability under 18 Pa.C.S. § 306 requires intent to promote or facilitate the commission of an offense. For a lawful abortion performed in compliance with Chapter 32, there is no predicate offense, so no accomplice liability attaches. For an unlawful abortion, a helper would need to act with the requisite intent — mere transportation or payment without knowledge of illegality would not suffice. Section 3218(a)'s exemption covers only the pregnant woman, not third-party helpers. Section 3204(d) penalizes 'any person' who violates § 3204, but a helper is not 'performing' an abortion and does not directly violate the physician-only or medical-judgment requirements. Pennsylvania has no SB8-style private civil enforcement mechanism. *Sources — Semi-verified · Medium confidence · 18 Pa.C.S. § 306, subsection (b), [Pennsylvania General Assembly](https://www.legis.state.pa.us/wu01/li/li/ct/htm/18/00.003..htm)* **Editor's note.** The exposure of helpers depends on general complicity law and the legality of the underlying abortion. No judicial authority addresses this question directly in Pennsylvania. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ## Aiding & assisting ### Travel assistance **No travel-assistance prohibition** 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. 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. > "I hereby direct all executive agencies and individuals acting on their behalf...to refrain from providing any information...in furtherance of any investigation or proceeding initiated in another state seeking to impose civil or criminal liability or professional discipline on a person...for providing, securing, receiving, inquiring about, or assisting in reproductive health care services that are legal in the Commonwealth." > — Executive Order 2022-01 **Legal analysis** No Pennsylvania statute criminalizes assisting or financing travel for an abortion, whether the destination is in-state or out-of-state. Pennsylvania has no equivalent of Idaho's 'abortion trafficking' law. Executive Order 2022-01 (July 12, 2022) prohibits executive-branch cooperation with out-of-state investigations seeking to impose liability for providing, securing, receiving, or assisting in reproductive health care services legal in Pennsylvania. The order also directs the Governor to decline extradition requests arising from such investigations. Because the order is an executive action, not a statute, a future governor could rescind it. *Sources — Verified at source · High confidence · Executive Order 2022-01, [Commonwealth of Pennsylvania Governor's Office](https://www.pa.gov/content/dam/copapwp-pagov/en/oa/documents/policies/eo/2022-01.pdf)* **Editor's note.** Executive Order 2022-01 can be rescinded by a future governor. No statutory shield law has been enacted by the Pennsylvania legislature. ### Funding **No criminal penalty for funding; insurance restrictions apply** Paying for someone's abortion is not criminalized, but state Medicaid and exchange-plan coverage is restricted to life, rape, and incest exceptions. 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. > "No Commonwealth agency and no local authority shall expend public funds for an abortion except where necessary to avert the death of the mother...or where the pregnancy resulted from rape or incest." > — 18 Pa.C.S. § 3215(c) **Legal analysis** No provision of Chapter 32 penalizes paying for or funding abortion. The funding restrictions are insurance-coverage limitations, not criminal prohibitions. 18 Pa.C.S. § 3215(c) restricts public funding to life, rape, and incest (currently ruled unconstitutional by the Commonwealth Court; appeal pending). 40 Pa.C.S. § 3302 (Act 13 of 2013) restricts qualified health plans on the ACA exchange to covering abortion only for life, rape, and incest. Neither provision imposes criminal penalties on the funder. Private employers and individuals remain free to pay for abortion services directly or through health reimbursement arrangements. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3215(c), subsection (c), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3215)* **Editor's note.** The Commonwealth Court's April 20, 2026 ruling declared the Medicaid coverage exclusion unconstitutional. The ruling is on appeal; verify the current status before publication. ### Mailing pills **Mailing pills not prohibited by state law** Pennsylvania has no statute prohibiting the mailing of abortion medication into or within the state; federal law is the primary constraint. 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). **Legal analysis** No provision of Chapter 32 or Pennsylvania's pharmacy laws specifically prohibits the mailing or delivery of mifepristone or misoprostol. Pennsylvania has not enacted a state-level Comstock-equivalent. The federal Comstock Act, 18 U.S.C. § 1461, prohibits mailing 'every article or thing designed, adapted, or intended for producing abortion,' but federal enforcement has been inconsistent. The FDA's Risk Evaluation and Mitigation Strategy (REMS) for mifepristone formerly required in-person dispensing; this was removed in 2021 and is the subject of ongoing litigation. As of this writing, the Supreme Court has preserved telehealth access to mifepristone pending further proceedings. *Sources — Semi-verified · Medium confidence · 18 U.S.C. § 1461, [Cornell LII](https://www.law.cornell.edu/uscode/text/18/1461)* **Editor's note.** Federal Comstock Act enforcement is a live question. The Pennsylvania legislature has not enacted a state-level equivalent. Monitor federal enforcement policy. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Providing information **Information-sharing not criminalized** Providing information, referrals, or website links about abortion is not criminalized in Pennsylvania, and First Amendment protections would likely bar such restrictions. 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. **Legal analysis** Chapter 32 regulates conduct (performance of abortion), not speech. The U.S. Supreme Court has held that states may not prohibit truthful advertising or information about lawful medical services. Bigelow v. Virginia, 421 U.S. 809 (1975); cf. NIFLA v. Becerra, 138 S. Ct. 2361 (2018). Pennsylvania has not enacted a law restricting abortion-related speech or referrals. The state-scripted counseling requirement in § 3205 regulates what physicians must say, not what others may say. *Sources — No law on this point · High confidence* ### Civil bounty **No civil-bounty enforcement** Pennsylvania has no SB8-style law authorizing private citizens to sue abortion providers or helpers for civil damages. 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. > "Any physician who knowingly violates any of the provisions of section 3204 or 3205 shall, in addition to any other penalty prescribed in this chapter, be civilly liable to his patient for any damages caused thereby and, in addition, shall be liable to his patient for punitive damages in the amount of $5,000." > — 18 Pa.C.S. § 3217 **Legal analysis** 18 Pa.C.S. § 3217 creates a civil cause of action but only for 'his patient' — the woman upon whom the abortion was performed — and only against the physician. Damages are limited to actual damages, $5,000 in punitive damages, and attorney fees. No other section of Chapter 32 creates a private right of action. Pennsylvania has not enacted a private-enforcement mechanism remotely resembling Texas SB8. Bills to create such a mechanism have been introduced by anti-abortion legislators in past sessions but have not passed. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3217, [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3217)* ## Procedural requirements ### Waiting period **24-hour waiting period** At least 24 hours must pass between the state-mandated informed-consent counseling and the abortion procedure. 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. > "At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician has orally informed the woman of..." > — 18 Pa.C.S. § 3205(a)(1) **Legal analysis** 18 Pa.C.S. § 3205(a)(1) and (2) require that specific information be provided 'At least 24 hours prior to the abortion.' The information includes the nature of the procedure, risks, alternatives, probable gestational age, risks of carrying to term, availability of state-published materials, medical-assistance benefits, and the father's support liability. The counseling may be provided orally — case law and agency practice confirm it can be done by phone. The Pennsylvania Department of Health's Freedom to Choose website and Planned Parenthood guidance confirm that the scripted counseling can be provided without two in-person visits. The 24-hour waiting period was upheld as constitutional in Planned Parenthood v. Casey, 505 U.S. 833 (1992). *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3205(a)(1), subsection (a)(1), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205)* ### Mandatory counseling **State-scripted informed consent** A physician must provide state-mandated information including gestational age, risks, alternatives, and the availability of state-printed materials about fetal development. 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. > "The department publishes printed materials which describe the unborn child and list agencies which offer alternatives to abortion and that she has a right to review the printed materials and that a copy will be provided to her free of charge if she chooses to review it." > — 18 Pa.C.S. § 3205(a)(2)(i) **Legal analysis** 18 Pa.C.S. § 3205(a)(1)-(4) details the required disclosures. The state-published materials are produced by the Pennsylvania Department of Health under § 3208 (printed information). They must include 'geologically representative or anatomically exact' images of fetal development at two-week intervals, information about agencies offering alternatives to abortion, and information about medical-assistance benefits. The requirement was upheld in Casey. The information in paragraph (a)(2) may be provided by 'a qualified physician assistant, health care practitioner, technician or social worker' to whom the responsibility has been delegated. The paragraph (a)(1) information (nature of procedure, risks, gestational age, risks of carrying to term) must come from the physician. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3205(a)(2)(i), subsection (a)(2)(i), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205)* ### Ultrasound requirement **No ultrasound requirement** Pennsylvania law does not require an ultrasound before an abortion; a physician must determine gestational age but may do so by any reliable method. 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. > "The probable gestational age of the unborn child at the time the abortion is to be performed." > — 18 Pa.C.S. § 3205(a)(1)(ii) **Legal analysis** 18 Pa.C.S. § 3205(a)(1)(ii) requires the physician to inform the woman of 'the probable gestational age of the unborn child.' 18 Pa.C.S. § 3211(g) defines 'gestational age' as 'the age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman.' 28 Pa. Code § 29.33 requires that 'appropriate methods shall be used to determine positive evidence of pregnancy by test result, history, and physical examination, or other reliable means; and such positive evidence shall be retained in the patient's medical record,' and further requires determination of 'an accurate estimate of gestational age.' None of these provisions requires an ultrasound specifically or mandates that an ultrasound image be displayed or described to the patient. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3205(a)(1)(ii), subsection (a)(1)(ii), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205)* ### In person visits **Two visits required in practice** 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. 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. > "At least 24 hours prior to the abortion, the physician who is to perform the abortion or the referring physician has orally informed the woman of..." > — 18 Pa.C.S. § 3205(a)(1) **Legal analysis** Section 3205 requires 'at least 24 hours prior to the abortion' that the physician 'has orally informed the woman' of the required information. The information can be provided orally by phone — the statute does not require an in-person consultation. The written certification in § 3205(a)(4) must be signed 'prior to the abortion,' which in practice means at the time of the procedure visit. For medication abortion dispensed in person, the patient must visit the clinic at least once. For medication abortion via telehealth with mail-order pharmacy, there is no in-person visit requirement under state law. For procedural abortion, the procedure itself requires the patient's physical presence. The net effect is that a procedural abortion requires one in-person visit (the procedure), and medication abortion may require zero or one in-person visits depending on the dispensing model. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3205(a)(1), subsection (a)(1), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205)* ## Minors ### Parental involvement **One-parent consent required** A minor under 18 must obtain the consent of one parent or guardian, with judicial bypass available; medical emergency exception applies. 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. > "Except in the case of a medical emergency, a physician shall not perform an abortion upon a pregnant woman who is less than 18 years of age...unless...he first obtains the consent both of the pregnant woman and of one of her parents or legal guardian." > — 18 Pa.C.S. § 3206(a) **Legal analysis** 18 Pa.C.S. § 3206(a): '...a physician shall not perform an abortion upon a pregnant woman who is less than 18 years of age...unless...he first obtains the consent both of the pregnant woman and of one of her parents or legal guardian.' Section 3206(b) provides that if parents are divorced, 'consent of the parent having custody shall be sufficient.' Section 3206(c) establishes the judicial bypass procedure: 'a judge of the court of common pleas...shall...authorize a physician to perform the abortion if the judge determines that the pregnant woman is mature and capable of giving informed consent...or...that the performance of an abortion upon her would be in her best interests.' Section 3206(d) waives consent in a 'medical emergency.' Section 3206(e) prohibits coercion. The requirement was upheld in Casey. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3206(a), subsection (a), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3206)* ### Judicial bypass **Judicial bypass available; mature-minor or best-interests standard** 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. 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. > "a judge of the court of common pleas...shall...authorize a physician to perform the abortion if the judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion...or...that the performance of an abortion upon her would be in her best interests." > — 18 Pa.C.S. § 3206(c) **Legal analysis** 18 Pa.C.S. § 3206(c) provides the bypass standard: 'the judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion' or 'that the performance of an abortion upon her would be in her best interests.' Section 3206(f) requires confidentiality: 'All court proceedings...shall be confidential and shall ensure the anonymity of the pregnant woman.' Pennsylvania Rules of Juvenile Court Procedure, Chapter 16, govern the proceeding. The minor may proceed without counsel but is entitled to court-appointed counsel if she cannot afford one. The proceeding is heard within three business days, and any appeal must be ruled on within three business days. The minor may appear by phone. The bypass proceeding is available 24/7 through an on-call judge system. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3206(c), subsection (c), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3206)* ## Paternal spousal rights ### Consent or notice laws **Spousal notice on books, permanently enjoined** 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. 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. > "In order to further the Commonwealth's interest in promoting the integrity of the marital relationship and to protect a spouse's interests in having children within marriage and in protecting the unborn child's life, no physician shall perform an abortion upon a married woman unless he has received a signed statement...that the woman has notified her spouse." > — 18 Pa.C.S. § 3209(a) **Legal analysis** 18 Pa.C.S. § 3209(a) provides: 'In order to further the Commonwealth's interest in promoting the integrity of the marital relationship and to protect a spouse's interests in having children within marriage and in protecting the unborn child's life, no physician shall perform an abortion upon a married woman unless he has received a signed statement...that the woman has notified her spouse...' The U.S. Supreme Court in Casey, 505 U.S. at 887-898, held § 3209 unconstitutional. The provision remains codified but is void and unenforceable. After Dobbs, which overruled the federal constitutional right to abortion, the status of Casey's spousal-notice holding is uncertain: Dobbs did not address spousal-notice laws directly, and the undue-burden standard no longer applies federally. However, the Pennsylvania Commonwealth Court's April 2026 ruling recognizing a fundamental right to reproductive autonomy under the state constitution provides an independent state-law basis to continue barring enforcement of § 3209. *Sources — Semi-verified · High confidence · 18 Pa.C.S. § 3209(a), subsection (a), [FindLaw](https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3209) · Planned Parenthood v. Casey, 505 U.S. 833, 887-898 (1992), Part V-C, [Justia](https://supreme.justia.com/cases/federal/us/505/833)* **Editor's note.** Dobbs did not directly address spousal-notice laws. The state constitutional ruling in Allegheny Reproductive Health Center (April 2026) may independently bar enforcement. A future legislature could attempt to revive § 3209, but any enforcement would face state constitutional challenges. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Enforceability **Unenforceable under Casey; Dobbs effect uncertain** Section 3209 is unenforceable under Casey and likely also under the newly recognized Pennsylvania constitutional right to reproductive autonomy. 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. > "Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual." > — Pa. Const. art. I, § 28 **Legal analysis** Casey's invalidation of § 3209 rested on the undue-burden standard, which was a function of the federal constitutional right to abortion. Dobbs eliminated that right, raising the question of whether Casey's specific holdings survive. However, no party has moved to vacate the Casey injunction against § 3209, and no Pennsylvania official has sought to enforce it. The Commonwealth Court's April 20, 2026 ruling in Allegheny Reproductive Health Center recognized a fundamental right to reproductive autonomy under the Pennsylvania Constitution's Equal Rights Amendment (Art. I, § 28) and equal protection provisions. Even if Casey's federal holding were deemed abrogated, § 3209 would face strict scrutiny under Pennsylvania's ERA and would almost certainly fail that standard. *Sources — Semi-verified · High confidence · Pa. Const. art. I, § 28, § 28, [Pennsylvania General Assembly](https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=0&div=00.&chpt=001.&sctn=028.&subsctn=000.)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Other paternal rights **Father has no veto; may seek injunction in theory** 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. 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. > "The father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion." > — 18 Pa.C.S. § 3205(a)(2)(iii) **Legal analysis** No Pennsylvania statute grants a father the right to consent to, be notified of, or enjoin an abortion. Casey struck down the spousal-notice provision that would have given a husband notice rights. Pennsylvania case law does not support a putative-father's standing to enjoin an abortion. The informed-consent law requires that the woman be told 'the father of the unborn child is liable to assist in the support of her child' (§ 3205(a)(2)(iii)), but this is information directed at the woman, not a right conferred on the father. Under the Wrongful Death Act (42 Pa.C.S. § 8301) and Survival Act (42 Pa.C.S. § 8302), as interpreted in Coveleski v. Bubnis, 535 Pa. 166, 634 A.2d 608 (1993), a wrongful-death action lies for a viable fetus, but only against a negligent third party — not against the mother or an abortion provider for a lawful abortion. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3205(a)(2)(iii), subsection (a)(2)(iii), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3205)* ## Fetal personhood ### Fetal homicide law **Fetal homicide from fertilization; mother exempt** 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. 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. > "Nothing in this section shall apply to...an abortion as defined in Chapter 32..." > — 18 Pa.C.S. § 2604(c) **Legal analysis** 18 Pa.C.S. §§ 2603-2604 create the offenses of murder, voluntary manslaughter, and involuntary manslaughter of an unborn child. Section 2604(c) provides: 'Nothing in this section shall apply to...an abortion as defined in Chapter 32.' Section 2607(2) excludes the mother from the definition of 'victim' for consent purposes. The Pennsylvania Supreme Court in Commonwealth v. Bullock, 590 Pa. 391, 913 A.2d 207 (2006), upheld the Act against equal-protection, vagueness, and due-process challenges, and specifically upheld the mother exemption as rationally based on the physical differences between the pregnant woman and all other persons. The court noted that the mother 'is not similarly situated to the father or anyone else' because she carries the child. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 2604(c), subsection (c), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-26/section-2604) · Commonwealth v. Bullock, 590 Pa. 391, 913 A.2d 207 (2006), [FindLaw](https://caselaw.findlaw.com/court/pa-supreme-court/1186829.html)* ### Wrongful death **Wrongful death for viable fetus only** 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. 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. > "in order to maintain an action for wrongful death or survival there must be either a child born alive...or a viable fetus capable of an independent existence at the time of death." > — Coveleski v. Bubnis, 535 Pa. 166, 634 A.2d 608 (1993) **Legal analysis** In Amadio v. Levin, 509 Pa. 199, 501 A.2d 1085 (1985), the Pennsylvania Supreme Court held that a wrongful-death and survival action could be brought for a viable stillborn fetus. In Coveleski v. Bubnis, 535 Pa. 166, 634 A.2d 608 (1993), the court held that no cause of action lies for a non-viable fetus. The court stated: 'in order to maintain an action for wrongful death or survival there must be either a child born alive...or a viable fetus capable of an independent existence at the time of death.' The court declined 'to extend liability under our wrongful death and survival acts any further' and deferred to the legislature. The legislature has not amended the Wrongful Death Act (42 Pa.C.S. § 8301) to include non-viable fetuses. *Sources — Verified at source · High confidence · Coveleski v. Bubnis, 535 Pa. 166, 634 A.2d 608 (1993), slip op. at 171-72, [Justia](https://law.justia.com/cases/pennsylvania/supreme-court/1993/535-pa-166-0.html)* ### Personhood definition **Unborn child defined from fertilization** Multiple Pennsylvania statutes define 'unborn child' as an individual organism of the species homo sapiens from fertilization until live birth. 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. > "An individual organism of the species homo sapiens from fertilization until live birth." > — 18 Pa.C.S. § 3203 **Legal analysis** 18 Pa.C.S. § 3203 defines 'Unborn child' as 'an individual organism of the species homo sapiens from fertilization until live birth.' Chapter 26 (Crimes Against Unborn Child) applies to an unborn child 'at any stage of development.' 18 Pa.C.S. § 3202(a) states the legislative intent '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.' Despite this personhood language, the same code permits abortion (through 24 weeks and after for life/health) and exempts the mother from criminal liability. These personhood definitions have not been interpreted by Pennsylvania courts to override or negate the abortion-permitting provisions of Chapter 32. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3203, definition of 'Unborn child', [Justia](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 & interstate questions ### Telehealth prescribing **Telehealth prescribing permitted** Abortion medication may be prescribed via telehealth; the physician-only and informed-consent requirements apply but can be satisfied remotely. 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. > "the woman upon whom the abortion is to be performed shall have a private medical consultation either with the physician who is to perform the abortion or with the referring physician" > — 18 Pa.C.S. § 3204(b) **Legal analysis** Pennsylvania has no restriction specific to telehealth prescribing of abortion medication. The general informed-consent requirement (§ 3205) requires only 'orally informed' at least 24 hours before the abortion — oral communication by phone or video satisfies this. The physician-only requirement (§ 3204) means a physician must determine necessity, which can be done remotely. Section 3204(b) requires a 'private medical consultation' in 'a place, at a time and of a duration reasonably sufficient' — a private video or phone consultation meets this standard. For out-of-state physicians prescribing to Pennsylvania patients, cross-state licensure and telehealth rules apply; Pennsylvania participates in interstate medical licensure compacts. The governor's Executive Order 2022-01 protects providers from out-of-state investigations for telehealth care that is legal in Pennsylvania. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3204(b), subsection (b), [FindLaw](https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3204)* **Editor's note.** Federal mifepristone litigation may affect the federal legality of telehealth prescribing. Monitor the Supreme Court docket in FDA v. Alliance for Hippocratic Medicine / Louisiana v. FDA. ### Out of state travel **Out-of-state travel for abortion not restricted** No Pennsylvania law restricts residents from traveling to another state for an abortion, and the governor's executive order shields returning patients. 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. **Legal analysis** No Pennsylvania statute reaches conduct that occurs entirely in another state. Pennsylvania criminal law generally applies only to conduct occurring within the Commonwealth or conduct having effects within the Commonwealth. 18 Pa.C.S. § 102 (territorial applicability). Travel to another state for a lawful purpose (obtaining an abortion where it is legal) is protected by the constitutional right to travel. Shapiro v. Thompson, 394 U.S. 618 (1969); Saenz v. Roe, 526 U.S. 489 (1999). Executive Order 2022-01 separately directs non-cooperation with out-of-state investigations. Note that if the other state has a law purporting to criminalize out-of-state travel for abortion (e.g., Idaho, Texas), that state may seek to enforce its law against the Pennsylvania resident while they are in that state or through extradition — but the governor's order directs Pennsylvania to decline extradition requests arising from such prosecutions. *Sources — Semi-verified · High confidence · 18 Pa.C.S. § 102, [Pennsylvania General Assembly](https://www.legis.state.pa.us/wu01/li/li/ct/htm/18/00.001..htm)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Shield or hostile laws **Shield by executive order; no statutory shield** Pennsylvania protects providers and patients from out-of-state investigations by executive order; no statutory shield law has been enacted. 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. > "I hereby direct all executive agencies...to refrain from providing any information or using any resources in furtherance of any investigation or proceeding initiated in another state seeking to impose civil or criminal liability or professional discipline on a person...for providing, securing, receiving, inquiring about, or assisting in reproductive health care services that are legal in the Commonwealth." > — Executive Order 2022-01 **Legal analysis** Executive Order 2022-01 (July 12, 2022) prohibits executive-branch cooperation with out-of-state investigations seeking to impose civil or criminal liability for 'providing, securing, receiving, inquiring about, or assisting in reproductive health care services that are legal in the Commonwealth.' It directs the Governor to decline extradition demands. Governor Shapiro has continued this policy. The order is not a statute and may be rescinded or modified by any governor. Pennsylvania has no statutory shield law comparable to those enacted in New York, California, or Massachusetts. Bills to enact a statutory shield law have been introduced but not passed. Some Pennsylvania counties and municipalities have also enacted local shield measures (e.g., Allegheny County Executive Order). *Sources — Verified at source · High confidence · Executive Order 2022-01, [Commonwealth of Pennsylvania Governor's Office](https://www.pa.gov/content/dam/copapwp-pagov/en/oa/documents/policies/eo/2022-01.pdf)* **Editor's note.** The shield protection is by executive order only, not statute. A future governor could rescind it. Verify the current status and any pending legislative action on a statutory shield bill before publication. ## Funding and insurance ### Medicaid **Hyde-only; exclusion ruled unconstitutional on appeal** 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. 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. > "No Commonwealth agency and no local authority shall expend public funds for an abortion except where necessary to avert the death of the mother on certification by a physician...or where the pregnancy resulted from rape or incest and the incident was reported to a law enforcement agency." > — 18 Pa.C.S. § 3215(c) **Legal analysis** 18 Pa.C.S. § 3215(c): 'No Commonwealth agency and no local authority shall expend public funds for an abortion except...where necessary to avert the death of the mother...or...where the pregnancy resulted from rape or incest and the incident was reported to a law enforcement agency.' The Pennsylvania Supreme Court in Allegheny Reproductive Health Center v. PA DHS, 309 A.3d 808 (Pa. 2024), held that the exclusion is a sex-based classification subject to strict scrutiny under the Pennsylvania ERA and remanded. On April 20, 2026, the Commonwealth Court on remand held the exclusion unconstitutional and recognized a fundamental right to reproductive autonomy. Attorney General Dave Sunday appealed on May 20, 2026. The Pennsylvania Supreme Court has not yet ruled on the appeal. Pending final resolution, the Department of Human Services may either continue enforcing the exclusion or implement the Commonwealth Court's ruling depending on whether a stay is in effect. **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 its enforceability is in active litigation. *Sources — Verified at source · Medium confidence · 18 Pa.C.S. § 3215(c), subsection (c), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3215) · Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., No. 26 M.D. 2019 (Pa. Commw. Ct. Apr. 20, 2026), [Pennsylvania Commonwealth Court](https://www.pacourts.us/assets/opinions/Commonwealth/out/26MD19_4-20-26.pdf?cb=1)* **Editor's note.** Monitor the Pennsylvania Supreme Court docket for the appeal of the April 20, 2026 Commonwealth Court ruling. The practical availability of Medicaid-funded abortion depends on whether a stay is entered pending appeal. ### Private insurance **Private insurance may cover; exchange plans restricted** Private employer plans may cover abortion; ACA exchange plans may only cover it for life, rape, or incest unless a separate rider is purchased. 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. > "A qualified health plan offered through a health insurance exchange may not provide coverage for an abortion...unless the pregnancy is the result of an act of rape or incest, or...the woman suffers from a physical disorder, physical injury, or physical illness...that would place her in danger of death unless an abortion is performed." > — 40 Pa.C.S. § 3302 **Legal analysis** 40 Pa.C.S. § 3302 (Act 13 of 2013) restricts qualified health plans offered through Pennsylvania's health insurance exchange to covering abortion only when 'the pregnancy is the result of an act of rape or incest, or...the woman suffers from a physical disorder, physical injury, or physical illness...that would place her in danger of death unless an abortion is performed.' The law permits a separate optional rider for broader abortion coverage. The restriction applies only to exchange plans, not to employer-sponsored plans, self-funded plans (governed by ERISA), or off-exchange individual-market plans. Some employers, including the Commonwealth of Pennsylvania itself, offer health plans that cover abortion more broadly. *Sources — Verify before publication · High confidence · 40 Pa.C.S. § 3302, [Pennsylvania General Assembly](https://www.palegis.us/legislation/bills/2013/hb818)* **Editor's note.** The full text of 40 Pa.C.S. § 3302 should be verified against the official Pennsylvania Consolidated Statutes. The citation above is to the bill that enacted it. ### Exchange plans **Exchange plans restricted; rider option** Plans sold on Pennsylvania's ACA exchange may cover abortion only for life, rape, or incest; broader coverage requires a separate rider. 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. > "coverage for the performance of abortions by qualified health plans offered through the health insurance exchange" > — 40 Pa.C.S. § 3302 **Legal analysis** Act 13 of 2013 (HB 818), codified at 40 Pa.C.S. § 3302, requires that qualified health plans on the state exchange comply with Pennsylvania's abortion-coverage restriction. As noted above, coverage is limited to life endangerment, rape, and incest, with a separate rider option. The law mirrors the Hyde Amendment restrictions but applies to private premiums (not federal funds). Plans that violate this restriction can be barred from the exchange. *Sources — Verify before publication · High confidence · 40 Pa.C.S. § 3302, [Pennsylvania General Assembly HB 818 (2013)](https://www.palegis.us/legislation/bills/2013/hb818)* **Editor's note.** Verify the codified text at 40 Pa.C.S. § 3302 against the official Pennsylvania Consolidated Statutes. ### State funding of providers **Defunded; restrictions on public facilities** Pennsylvania law prohibits public funds from going to abortion providers except for non-abortion services; publicly owned facilities may not be used for abortions. 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. > "No Commonwealth agency and no local authority shall expend public funds for an abortion." > — 18 Pa.C.S. § 3215(c) **Legal analysis** 18 Pa.C.S. § 3215(c) restricts public funds for abortion. Section 3215(d) prohibits 'any public official...within the scope of his authority' from expending funds for abortion beyond the exceptions. Section 3215(e) prohibits the use of 'any public hospital or other facility owned, leased or operated by the Commonwealth or any local authority' for abortion except to avert the mother's death. The Commonwealth Court's April 2026 ruling, if upheld, would affect the funding restriction but not necessarily the public-facilities restriction, which is in a separate subsection. *Sources — Verified at source · High confidence · 18 Pa.C.S. § 3215(c), subsection (c), [Justia](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3215)* ## Penalties | Actor | Offense | Penalty | Verification | | --- | --- | --- | --- | | Physician (performing or prescribing) | 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. | 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. | Verified at source | | Pregnant woman | Expressly exempted from all criminal penalties for violating Chapter 32, including self-managed abortion, and from complicity and inchoate-crime liability. | None. | Verified at source | | Non-physician prescriber (NP, PA, CNM) | Prescribing abortion medication may constitute performing an abortion in violation of § 3204 (physician-only requirement): Felony third degree. | Up to 7 years imprisonment, fine up to $15,000. Professional license consequences. | Verified at source | | Pharmacist | No direct abortion-law offense for filling valid physician prescription. Complicity liability theoretically possible if prescription was knowingly unlawful. | Uncertain; no specific statutory penalty. General accomplice liability under § 306 could apply but is untested. | Semi-verified | | Clinic staff, nurses, assistants | Direct violation of § 3204(d) if they knowingly participate: Felony third degree. General accomplice liability under § 306. | Up to 7 years imprisonment, fine up to $15,000. | Verified at source | | Third-party helpers (driver, funder, friend) | No direct abortion-law offense. General accomplice liability theoretically possible if the underlying abortion is unlawful and the helper acts with intent. | Uncertain; depends on underlying offense. No known prosecutions. | Semi-verified | | False statement makers | False statements to mislead a public servant: Misdemeanor second degree. False statements on required forms: Misdemeanor third degree. | Misdemeanor second degree: up to 2 years imprisonment. Misdemeanor third degree: up to 1 year imprisonment. | Verified at source | ## Recent changes - **June 24, 2022** — 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 — Dobbs v. Jackson Women's Health Org., 597 U.S. 215 (2022), [Supreme Court of the United States](https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf)* - **July 12, 2022** — 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 — Executive Order 2022-01, [Commonwealth of Pennsylvania Governor's Office](https://www.pa.gov/content/dam/copapwp-pagov/en/oa/documents/policies/eo/2022-01.pdf)* - **January 29, 2024** — 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 — Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., 309 A.3d 808 (Pa. 2024), [Justia](https://law.justia.com/cases/pennsylvania/supreme-court/2024/26-map-2021.html)* - **April 20, 2026** — 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 — Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., No. 26 M.D. 2019 (Pa. Commw. Ct. Apr. 20, 2026), [Pennsylvania Commonwealth Court](https://www.pacourts.us/assets/opinions/Commonwealth/out/26MD19_4-20-26.pdf?cb=1)* - **May 20, 2026** — Attorney General Dave Sunday appealed the Commonwealth Court's April 20 ruling to the Pennsylvania Supreme Court. *Sources — Notice of Appeal, Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., No. 26 M.D. 2019 (Pa. Commw. Ct.), [Pennsylvania Capital-Star](https://penncapital-star.com/briefs/attorney-general-dave-sunday-appeals-decision-overturning-pa-s-ban-on-medicaid-funded-abortion)* ## Pending changes ### Allegheny Reproductive Health Center v. PA DHS (Medicaid Coverage Appeal) (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. 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 — Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., No. 26 M.D. 2019 (Pa. Commw. Ct. Apr. 20, 2026), [Pennsylvania Commonwealth Court](https://www.pacourts.us/assets/opinions/Commonwealth/out/26MD19_4-20-26.pdf?cb=1)* ### HB 26 — Abortion Restrictions Repeal Act (2025-2026) (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. 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 — PA House Bill 26 (2025-2026), [Pennsylvania General Assembly](https://www.palegis.us/legislation/bills/2025/hb26)* ### SB 956 — Anti-Abortion Constitutional Amendment (2021-2022; may be reintroduced) (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. 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 — Senate Bill 956 (2021-2022), [Pennsylvania General Assembly](https://www.palegis.us/legislation/bills/2021/sb956)* ### Federal Mifepristone Litigation (Louisiana v. FDA) (Litigation) **Status.** U.S. Supreme Court preserved telehealth access to mifepristone pending further proceedings; case returns to lower courts. Outcome uncertain. Could restrict or eliminate telehealth prescribing and mail-order dispensing of mifepristone nationwide, affecting Pennsylvania patients who rely on telehealth medication abortion. *Sources — FDA v. Alliance for Hippocratic Medicine; Louisiana v. FDA (consolidated matters), [Supreme Court of the United States](https://www.supremecourt.gov/)* ## Key authorities - **Pennsylvania Abortion Control Act** — 18 Pa.C.S. §§ 3201-3220 _(Statute)_ · [law.justia.com/codes/pennsylvania/title-18/chapter-32](https://law.justia.com/codes/pennsylvania/title-18/chapter-32) 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. - **Planned Parenthood v. Casey** — Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992) _(Case)_ · [supreme.justia.com/cases/federal/us/505/833](https://supreme.justia.com/cases/federal/us/505/833) 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. - **Allegheny Reproductive Health Center v. PA DHS (Pa. Supreme Court 2024)** — Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., 309 A.3d 808 (Pa. 2024) _(Case)_ · [law.justia.com/cases/pennsylvania/…](https://law.justia.com/cases/pennsylvania/supreme-court/2024/26-map-2021.html) Held that sex-based classifications including abortion restrictions are presumptively unconstitutional under Pennsylvania's ERA and subject to strict scrutiny. - **Allegheny Reproductive Health Center v. PA DHS (Commw. Ct. 2026)** — Allegheny Reprod. Health Ctr. v. Pa. Dep't of Human Servs., No. 26 M.D. 2019 (Pa. Commw. Ct. Apr. 20, 2026) _(Case)_ · [pacourts.us/assets/opinions/Com…](https://www.pacourts.us/assets/opinions/Commonwealth/out/26MD19_4-20-26.pdf?cb=1) Recognized a fundamental right to reproductive autonomy under the Pennsylvania Constitution and struck down the Medicaid coverage exclusion as unconstitutional. - **Crimes Against Unborn Child Act** — 18 Pa.C.S. §§ 2601-2608 _(Statute)_ · [law.justia.com/codes/pennsylvania/…](https://law.justia.com/codes/pennsylvania/title-18/chapter-26/section-2604) Creates fetal homicide offenses from fertilization onward, while expressly exempting the mother and lawful abortion — the core personhood contradiction in Pennsylvania law. - **Commonwealth v. Bullock** — Commonwealth v. Bullock, 590 Pa. 391, 913 A.2d 207 (2006) _(Case)_ · [caselaw.findlaw.com/court/pa-supreme-court/1186829.html](https://caselaw.findlaw.com/court/pa-supreme-court/1186829.html) 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. - **Pennsylvania Equal Rights Amendment** — Pa. Const. art. I, § 28 _(Constitution)_ · [palegis.us/statutes/consolidated/view-statute](https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=0&div=00.&chpt=001.&sctn=028.&subsctn=000.) 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.' - **Executive Order 2022-01** — Executive Order 2022-01 – Reproductive Health Care (July 12, 2022) _(Agency guidance)_ · [pa.gov/content/dam/copapwp…](https://www.pa.gov/content/dam/copapwp-pagov/en/oa/documents/policies/eo/2022-01.pdf) The governor's executive order shielding abortion providers and patients from out-of-state investigations, subpoenas, and extradition requests. - **Exchange Plan Abortion Coverage Restriction** — 40 Pa.C.S. § 3302 (Act 13 of 2013) _(Statute)_ · [palegis.us/legislation/bills/2013/hb818](https://www.palegis.us/legislation/bills/2013/hb818) Restricts abortion coverage in ACA exchange plans to life, rape, and incest unless a separate rider is purchased. - **Coveleski v. Bubnis** — Coveleski v. Bubnis, 535 Pa. 166, 634 A.2d 608 (1993) _(Case)_ · [law.justia.com/cases/pennsylvania/…](https://law.justia.com/cases/pennsylvania/supreme-court/1993/535-pa-166-0.html) Pennsylvania Supreme Court held that wrongful-death actions lie only for viable fetuses, not pre-viability fetuses, and deferred expansion to the legislature. - **Abortion Facility Regulations** — 28 Pa. Code §§ 29.33-29.38; 35 P.S. § 448.806 _(Regulation)_ · [law.cornell.edu/regulations/pennsyl…](https://www.law.cornell.edu/regulations/pennsylvania/title-28/part-III/chapter-29/subchapter-D) Requires post-first-trimester abortions to be performed in hospitals and subjects abortion facilities to ambulatory surgical facility standards. - **Criminal and Civil Penalty Provisions** — 18 Pa.C.S. §§ 3217, 3218 _(Statute)_ · [law.justia.com/codes/pennsylvania/…](https://law.justia.com/codes/pennsylvania/title-18/chapter-32/section-3217) Establishes the mother-exemption from all criminal penalties and the physician's civil liability for informed-consent violations. ## Research notes > Overall confidence: High. Analysis current as of July 12, 2026; research completed July 12, 2026. 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. Unresolved points: 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..