Where do US states stand on abortion bans ahead of new Trump term?

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Voters in several U.S. states have approved enshrining abortion rights in their constitutions with Missouri becoming the first to vote to undo a ban on terminations.

But Republican Donald Trump's victory in the presidential election will be a major blow to reproductive rights campaigners who were hoping a win by Democrat Kamala Harris would pave the way for the restoration of federal abortion protections.

Abortion is a deeply divisive issue in the United States where a Supreme Court ruling in 2022 upended reproductive rights across the country.

About half of U.S. states have banned or limited abortion access since the court scrapped a 1973 ruling known as Roe v. Wade that had made pregnancy terminations legal nationwide.

In the Nov. 5 presidential election, 10 states also asked voters whether they wanted to enshrine abortion rights in their state constitutions.

Nebraska, South Dakota and Florida said no. But Arizona, Colorado, Maryland, Missouri, Montana, Nevada and New York approved constitutional amendments - or looked set to do so.

However, Nevada will need to hold another vote in 2026 before the amendment can take effect.

Similar votes have already been held in seven other states with abortion rights supporters winning each time.

Here is a list of developments in states introducing bans and curbs. An asterisk denotes states that had passed so-called trigger bans prior to the 2022 ruling, which were designed to kick in if Roe v. Wade fell.

ALABAMA - Banned. The Human Life Protection Act - which compares abortion to historical genocides - was passed in 2019, but only came into force after the Supreme Court ruling. Anyone convicted of performing an abortion faces up to life in prison. There are no exceptions for rape or incest.

ARIZONA - Voters approved a ballot measure in November's election to amend the state constitution to protect abortion rights up until fetal viability, generally considered to be around 23 or 24 weeks.

The vote overturns the state's ban on abortion after 15 weeks of pregnancy, which was introduced in 2022.

ARKANSAS* - Banned. Anyone who performs an abortion faces up to 10 years in prison, a fine of up to $100,000, or both. There are no exceptions for rape or incest.

FLORIDA - A ban on abortion after six weeks - before many women know they are pregnant - went into force in May.

Florida had previously provided a haven for women seeking abortions from other southern states that imposed strict laws after the 2022 ruling.

A ballot measure, which would have amended the state constitution to guarantee abortion rights, narrowly failed to secure the 60% support needed to pass on Nov. 5. Other state ballots required a simple majority.

GEORGIA - A 2019 law banning abortion when a "fetal heartbeat" is detected, usually at about six weeks, took effect in 2022. A judge ruled in September the law was unconstitutional, but Georgia's Supreme Court quickly reinstated it. Legal proceedings continue.

IDAHO* - Banned. Lawbreakers face up to five years in prison.

A judge has blocked enforcement of a separate law making it illegal to help a minor get an abortion in another state. Copycat bills have been introduced in other states but are not yet in effect.

INDIANA - Banned. Indiana was the first state to pass a new law banning abortion following the Supreme Court ruling. However it only went into effect in August 2023 due to a legal challenge. There are exceptions for rape, incest, fatal fetal anomalies and to prevent serious risk to the mother's health.

IOWA - A ban on abortion after six weeks came into force in July after state judges rejected a legal challenge by abortion provider Planned Parenthood. Abortion was previously permitted up to 20 weeks.

KENTUCKY* - Banned. Anyone performing an abortion risks up to five years in prison. There are no exceptions for rape or incest.

Voters in Kentucky, however, rejected a proposal to amend the state's constitution to say that residents do not have a right to abortion.

LOUISIANA* - Banned. Anyone providing an abortion could face up to 10 years in prison and a fine of between $10,000 and $100,000. There are no exceptions for rape and incest.

In May, Louisiana became the first state to classify abortion pills as controlled substances, making it riskier for residents to bring in pills from other states or order them online without a prescription. 

MISSISSIPPI* – Banned. Anyone who performs an abortion risks up to 10 years in prison. There are exceptions in cases of rape reported to police.

MISSOURI* - Voters in Missouri, which banned abortion after the 2022 Supreme Court ruling, have approved amending their state constitution to guarantee abortion rights up to fetal viability.

The vote does not automatically void the ban, but abortion rights advocates expect they will win a legal battle to restore abortion rights within months.

Missouri's ban, which makes no exceptions for rape or incest, includes penalties of up to 15 years in prison for anyone convicted of performing an abortion.

NEBRASKA - The state has banned abortion after 12 weeks. There are exceptions for rape and incest.

Voters in November's election rejected a ballot measure to add abortion rights to the constitution, choosing instead to enshrine the 12-week ban.

NORTH CAROLINA - A law banning abortion after 12 weeks took effect last year.

NORTH DAKOTA* -A state court judge overturned North Dakota's near-total ban in September. Abortion had been outlawed in April 2023. Although terminations are now legal, there are no abortion clinics left in North Dakota.

OHIO - An Ohio judge permanently struck down the state's "fetal heartbeat" ban on abortion on Oct. 25. The ban, which took effect after Roe v Wade was overturned, had been blocked since September 2022 pending a legal challenge.

OKLAHOMA* – Banned. In May 2022, Oklahoma became the first state to ban abortion from the moment of fertilisation. The law, passed in defiance of Roe v. Wade, also allows private citizens to sue anyone who helps a woman terminate a pregnancy.

A separate trigger ban that came into force in August 2022 carries penalties of up to 10 years in jail and a $100,000 fine.

There are no exceptions for rape or incest.

SOUTH CAROLINA - The Supreme Court upheld a hotly contested "fetal heartbeat" ban last year, rejecting a legal challenge by Planned Parenthood.

SOUTH DAKOTA* - Banned. There are no exceptions for rape or incest. Voters will be able to decide whether to add abortion rights to their state constitution in a November ballot.

TENNESSEE* - Banned. There are no exceptions for rape or incest. In October, a Tennessee court blocked enforcement of the ban in certain medical emergencies.

TEXAS* – Banned. Anyone providing an abortion can face up to life in prison. There are no exceptions for rape or incest.

Texas caused controversy when it passed a "fetal heartbeat" ban in 2021 before Roe v Wade was dismantled. A full ban came into force in 2022.

The 2021 law allows citizens to sue anyone who helps someone get an illegal abortion or provides one.

Several counties have also banned what they call "abortion trafficking" - the act of transporting a person along their roads for an abortion. The roads include highways connecting Texas to New Mexico where abortion is legal.

UTAH* - A Utah judge has blocked a trigger ban pending a legal challenge by Planned Parenthood, meaning abortion remains legal up to 18 weeks.

WEST VIRGINIA - Banned. There are exceptions for rape and incest.

WYOMING* - A judge has temporarily blocked a near-total abortion ban pending a legal challenge and a separate law outlawing the use of abortion pills, which was due to take effect in July 2023 and would have been the first such ban in the country.

This article was updated on Nov 6, 2024, to include the results of U.S. election ballot measures on abortion.

SOURCES: Reuters, Guttmacher Institute, ACLU, U.S. state documents   

(Reporting by Emma Batha; Editing by Katy Migiro, Sonia Elks, Clar Ni Chonghaile, and Helen Popper.)