Pennsylvania Abortion Laws: Your Complete State Guide

Abortion is legal in Pennsylvania through 23 weeks and 6 days of pregnancy, counted from the first day of your last menstrual period. State law requires counseling and a 24-hour wait first. Patients under 18 need consent from one parent or a judge’s approval.

Pennsylvania did not pass a new restriction or a ban after the U.S. Supreme Court overturned Roe v. Wade in 2022. Its own statute, the Abortion Control Act, still governs. In 2026 the state’s Medicaid coverage ban was struck down, and Medicaid began paying for abortion in July.

Is Abortion Legal in Pennsylvania?

Yes. 18 Pa.C.S. § 3211 bars abortion once the gestational age reaches 24 weeks. That leaves 23 weeks and 6 days as the last legal day for an ordinary abortion.

After 24 weeks, an abortion is allowed only to prevent the woman’s death or a substantial and irreversible impairment of a major bodily function. A second physician must agree in writing after a separate examination. The abortion must also take place in a hospital.

Penalties for providers

The penalties fall on the person who performs the abortion, not the patient. Performing an abortion at 24 weeks or later outside the exceptions is a felony of the third degree. Breaking the other § 3211 conditions, such as the second-physician rule, is a second-degree misdemeanor for a first offense and a first-degree misdemeanor after that.

Other limits in the statute

Pennsylvania has no ultrasound requirement and no ban on abortion at an earlier gestational age. The Attorney General’s consumer guide also notes that an abortion cannot be performed because of the sex of the fetus.

Pennsylvania also does not require a husband’s consent or notice. The state’s former spousal-notice rule, 18 Pa.C.S. § 3209, was struck down in Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992).

Vertical chart of Pennsylvania abortion gestational limits, with 24 weeks marked as the cutoff

The 24-Hour Waiting Period and Required Counseling

Pennsylvania requires counseling at least 24 hours before an abortion, except in a medical emergency. This rule is in § 3205, and it applies to medication and in-clinic abortions alike.

The physician who will perform the abortion, or the referring physician, must orally cover the procedure, its risks, the alternatives, the probable gestational age, and the medical risks of carrying to term. A delegated physician assistant, health care practitioner, or social worker can cover the state-published printed materials, including available medical assistance and the father’s liability for child support.

You then sign a written certification, before the abortion, that you received the information. The Attorney General’s consumer guide says counseling and consent can typically be done by telephone, so you do not need a separate trip to the clinic.

What happens to a provider who skips it

A first violation of § 3205 is a summary offense, the lowest grade of crime in Pennsylvania. Later violations are third-degree misdemeanors, and the provider also faces professional discipline.

The blood test requirement is loosening

In June 2026, the Department of Health adopted American College of Obstetricians and Gynecologists practices that let providers skip a blood test for certain patients, according to a Governor’s Office announcement. The release gives no list of which patients qualify, so ask the clinic whether you need the test before you schedule.

Efforts to repeal the waiting period

House Bill 1801 would remove both the counseling and waiting period requirements. It has not become law, and with a Republican-led Senate, the 24-hour rule remains the standard clinics follow.

How the steps fit together by age

Step	Age 18 and over	Under 18
Counseling	By phone or at the clinic	Must be done before any court hearing
Consent	Your own signed certification	You plus one parent, or a judge’s order
Wait	24 hours after counseling	24 hours after counseling
Appointment	Pills or procedure	Pills or procedure

Parental Consent and Judicial Bypass for Minors

If you are under 18 and not emancipated, § 3206 requires informed consent from you and from one parent. If a parent is unavailable, a guardian, a custodial parent after a divorce, or an adult standing in place of a parent can consent. In an incest case where the father was involved, the mother’s consent alone is enough.

If a parent refuses, or you choose not to ask, you can petition a court of common pleas instead. This is called a judicial bypass.

How the court process works

The judge decides whether you are mature and capable of giving consent. If the judge finds you are not mature, the court then decides whether the abortion is in your best interests.

The court must rule within three business days of your application. There is no filing fee, and the record is confidential and sealed. If the judge denies the petition, you have an expedited appeal, and the appellate court must rule within five business days.

You can ask the clinic about counseling without a parent or a judge’s permission. Counseling comes first, because the bypass cannot go forward without it.

Who can help you file

You do not need to hire a lawyer, and a court-appointed lawyer is free. The Women’s Law Project helps minors with bypass petitions at 412-281-2892. In Philadelphia, Philly Defenders’ Child Advocacy Unit takes calls and texts at 267-293-9644.

Providers who knowingly or recklessly skip the consent rules face a license suspension of at least three months.

Flow diagram of Pennsylvania's parental consent and judicial bypass steps for patients under 18

Medication and In-Clinic Abortion in Pennsylvania

Pennsylvania allows both medication abortion and in-clinic abortion, and clinics set their own gestational cutoffs within the legal limit.

Medication abortion

Medication abortion uses mifepristone, which stops the pregnancy from growing, followed by misoprostol, which causes cramping and bleeding to empty the uterus. The state’s Freedom to Choose page says medication abortion is often an option up to 10 or 11 weeks. Some providers offer it by telehealth and mail the pills.

In-clinic abortion

An in-clinic abortion uses gentle suction in early pregnancy and dilation and evacuation later on. The legal limit is 23 weeks and 6 days, but many clinics stop earlier. A 2022 review by the Philadelphia Inquirer found that fewer than a quarter of the state’s freestanding clinics could provide care through the later weeks, so call ahead if you are past the first trimester.

Reporting and safety data

Pennsylvania providers report every abortion to the Department of Health without the patient’s name. Under § 3214, reports are due within 15 days after each reporting month, and physicians report complications within 30 days. The department’s 2024 report counted 32,946 abortions, about 7 percent fewer than in 2023, and they were performed in 14 of the state’s 67 counties.

Telehealth and the Federal Mifepristone Case

Pennsylvania allows telehealth for medication abortion, and a licensed provider can prescribe pills after a video visit and mail them. The state’s counseling and 24-hour rules still apply, so the usual order is counseling, then the wait, then the telehealth visit.

The federal rules for mailing mifepristone are in dispute. On May 1, 2026, a three-judge panel of the Fifth Circuit ruled in Louisiana v. FDA, No. 26-30203, that mifepristone must be dispensed in person. That would have ended mail and pharmacy dispensing nationwide.

The U.S. Supreme Court stayed that order on May 14, 2026, in Danco Laboratories v. Louisiana, No. 25A1207, with Justices Alito and Thomas dissenting. The stay lasts while the appeal proceeds in the Fifth Circuit and any petition to the Supreme Court is decided. The full Fifth Circuit set argument for September 2026.

Pennsylvania joined a multistate friend-of-the-court brief opposing the Fifth Circuit’s order. Gov. Josh Shapiro announced the filing on May 4, 2026.

Medicaid Now Covers Abortion in Pennsylvania

On April 20, 2026, a 4-3 Commonwealth Court ruling struck down the Medicaid coverage ban, and coverage began after a July 15, 2026 order lifted the automatic stay. The Attorney General’s appeal is before the Pennsylvania Supreme Court.

The ban, in 18 Pa.C.S. § 3215(c) and (j), had limited public funding to cases of death, reported rape, or reported incest. In Allegheny Reproductive Health Center v. Department of Human Services, No. 26 M.D. 2019, the court held that the exclusion violates the state Equal Rights Amendment and equal protection guarantees. It also held that the Pennsylvania Constitution protects a fundamental right to reproductive autonomy.

How the case reached this point

Date	What happened
January 29, 2024	The state Supreme Court ruled 3-2 that the ban is presumptively unconstitutional and sent the case back for a merits ruling
July 2024	The Shapiro administration told the court it could not defend the ban
April 20, 2026	Commonwealth Court struck the ban down 4-3
May 19, 2026	Attorney General Dave Sunday appealed to the Supreme Court
July 15, 2026	The court lifted the automatic stay so coverage could begin

What the appeal could change

The Supreme Court could uphold the ruling and make Medicaid coverage permanent, or reverse it and reinstate the ban. Coverage that has already been provided is not the question on appeal, but future coverage depends on the outcome.

Medicaid managed care plans received billing guidance from the Department of Human Services for state-funded and federally funded abortions. One plan notice still told providers to follow older federal-funding rules until implementation is complete. If you are on Medicaid, ask your plan and your clinic to confirm that your abortion will be billed to Medicaid before you schedule.

Private insurance, marketplace plans, and other help

The ruling covers Medicaid only. The state’s Freedom to Choose page says private plans may cover abortion and that Medicaid, ACA marketplace, and Pennie plans generally do not outside the narrow exceptions, so check your own plan before you rely on that page for Medicaid coverage.

Pennsylvania has no official price list, and clinic quotes rise with gestational age. Ask each clinic for the full cost, including labs and any follow-up visit. Many clinics use sliding-scale fees.

The state page lists several funds that can help with the cost of care, lodging, transit, and childcare:

Abortion Liberation Fund of PA, for patients in Southeastern Pennsylvania
Western Pennsylvania Fund for Choice, for patients of the Allegheny Reproductive Health Center
Planned Parenthood Fund for Choice, for Planned Parenthood patients
National Abortion Federation hotline: 800-772-9100

Vertical timeline of the Pennsylvania Medicaid abortion coverage case from 2024 to July 2026

Finding a Licensed Provider and Avoiding Crisis Pregnancy Centers

Only locations registered or licensed by the Department of Health can perform abortions in Pennsylvania. The Department of Health abortion page links to a facility search and states that crisis pregnancy centers are not licensed or regulated by the department and do not provide abortions.

A center that offers free pregnancy tests or ultrasounds but does not list abortion among its services is not an abortion provider. Before you book, check the location against the department’s facility search or the state’s Freedom to Choose finder.

Out-of-State Patients and Provider Protections

You can travel to Pennsylvania for an abortion from a state where it is banned. Pennsylvania law does not stop residents of other states from getting an abortion here.

Executive Order 2022-01, signed by then-Gov. Tom Wolf on July 12, 2022, bars state agencies under the governor from helping another state investigate patients or providers for care that is legal in Pennsylvania. It directs the governor to decline extradition requests for that care. It also tells executive agencies to work with licensing boards on protecting providers from discipline tied to out-of-state charges.

Gov. Shapiro has kept the order in place. It is an executive order, not a statute, so a later governor could change it, and it does not bind courts or the legislature. Pennsylvania has not passed a shield law through the legislature.

Who Can Change Pennsylvania’s Abortion Law

Pennsylvania’s General Assembly has been split, with Democrats leading the House and Republicans leading the Senate. Neither chamber has been able to pass a restriction or a repeal bill and send it to the governor, who holds a veto.

Gov. Shapiro has said he will veto any bill that undermines the right to choose. The state Supreme Court is the most important open question, because its decision in the Medicaid case could settle whether the Pennsylvania Constitution protects abortion as a fundamental right.

Illustration of the Pennsylvania State Capitol dome with a ballot box and a gavel

Frequently Asked Questions

How late in pregnancy can I get an abortion in Pennsylvania?

You can get an abortion through 23 weeks and 6 days, counted from your last menstrual period. At 24 weeks and later it is allowed only to prevent your death or a substantial, irreversible impairment of a major bodily function, with a second physician’s written agreement.

Do I need my partner’s consent?

No. The spousal-notice requirement in 18 Pa.C.S. § 3209 was struck down in Planned Parenthood v. Casey in 1992, so only your own consent is needed if you are 18 or older.

Can I get abortion pills by mail in Pennsylvania?

Yes, if you are early in pregnancy and the provider finds you eligible. You still complete the state counseling and the 24-hour wait, then have a telehealth visit before the pills are mailed.

Does Medicaid pay for an abortion in Pennsylvania?

Yes, since coverage began after the July 15, 2026 order. The Attorney General’s appeal could still reinstate the ban, so confirm billing with your plan and clinic before you schedule.

Can I get an abortion without telling my parents if I am under 18?

Yes, through a judicial bypass in the court of common pleas. The process is free, confidential, and decided within three business days.

What if I live in another state?

You can still get an abortion in Pennsylvania. Executive Order 2022-01 tells state agencies not to help another state pursue charges for legal care, but it is an executive order and not a statute.