Abortion Laws in Texas (2026): Penalties, Exceptions, and Your Rights

Most people don’t realize just how strict abortion laws are in Texas. Seriously. If you live in Texas or know someone who does, this is information you need to have.

Texas has one of the most restrictive abortion bans in the country. The penalties are severe. The exceptions are narrow. And the rules keep changing. Let’s break it all down so you know exactly where things stand.

What Is the Texas Abortion Ban?

Texas law makes nearly all abortions illegal. The ban started in August 2022 after the Supreme Court overturned Roe v. Wade. But it actually began earlier than that.

In September 2021, Texas passed the “Heartbeat Act.” This law banned abortion after about six weeks of pregnancy. That’s before many people even know they’re pregnant.

Then came the “trigger law.” This took effect after Roe was overturned. It bans abortion from the moment of fertilization. That means no elective abortions at any stage of pregnancy.

Here’s the key part: the law targets doctors and medical providers, not women seeking abortions. A pregnant person who gets an abortion cannot be criminally charged under Texas law. The state specifically protects patients from prosecution.

Makes sense, right? The goal is to stop abortion providers, not punish women.

The Only Exception: Medical Emergencies

Texas does allow abortion in one situation. A doctor can perform an abortion if the pregnant patient faces a life-threatening condition.

But wait, it gets more complicated.

The law requires three things to be true. First, a licensed physician must perform the abortion. Second, the patient must have a condition that puts her at risk of death. Or the condition must risk “substantial impairment of a major bodily function.” Third, the doctor must try to save the fetus if doing so won’t increase the patient’s risk.

Wondering what counts as a qualifying condition? You’re not alone. This question has caused major confusion among doctors for years. Many physicians have been afraid to act because the law wasn’t clear.

In 2025, Texas passed the “Life of the Mother Act” to fix this problem. The new law clarifies that doctors don’t have to wait until death is “imminent.” They can act before things get that dire. The law also confirms that treating ectopic pregnancies and miscarriages is not considered an illegal abortion.

Pretty important distinction.

What About Rape or Incest?

Here’s the part that surprises many people. Texas does not have exceptions for rape or incest. None at all.

Even if a pregnancy results from sexual assault, the law treats it the same. This applies to victims of all ages. The only exception remains medical emergencies that threaten the patient’s life or health.

This has been controversial. A 2025 study from the University of Houston found that 83% of Texans actually support exceptions for rape and lethal fetal diagnoses. But lawmakers have not added these exceptions to the law.

What Are the Penalties?

Okay, pause. Read this carefully.

The penalties for performing an illegal abortion in Texas are among the harshest in the nation. We’re talking potential life in prison. No exaggeration.

Performing or attempting an abortion is a second-degree felony. That means two to twenty years in prison. If the fetus dies as a result, the charge increases to a first-degree felony. That carries five years to life in prison.

On top of prison time, doctors face fines of at least $100,000 per violation. The state attorney general is required to seek these civil penalties.

There’s more. Any doctor who performs an illegal abortion will lose their medical license. The law requires licensing authorities to revoke it.

Think of it like this: a doctor risks their entire career, their freedom, and hundreds of thousands of dollars if they get it wrong.

The Private Lawsuit System

Texas created something unique with its abortion laws. Private citizens can sue people who “aid or abet” abortions.

How does this work? Anyone can file a lawsuit against someone who helps with an abortion. That includes doctors, nurses, drivers, or anyone who provides assistance. If the person suing wins, they get at least $10,000 per abortion. Plus attorney fees.

This is why some people call it a “bounty hunter” law.

The law even allows lawsuits against people who just intended to help. You don’t have to actually assist an abortion to be sued. Planning to help can be enough.

But here’s what the law doesn’t do. It doesn’t allow lawsuits against the pregnant person herself. Women cannot be sued for getting an abortion under this provision.

A federal judge ruled in 2024 that abortion funds helping Texans travel out of state are likely protected from these lawsuits. That’s good news for people seeking help.

New Restrictions on Abortion Pills

In December 2025, a new Texas law took effect targeting abortion medication. House Bill 7 bans manufacturing, distributing, or mailing abortion pills into Texas.

This law also uses the private lawsuit system. Anyone can sue people or companies that provide abortion medication to Texas residents. Each violation can bring penalties of at least $100,000.

The law specifically targets out-of-state doctors who prescribe abortion pills to Texas patients. In February 2025, a Texas judge ordered a New York doctor to pay $100,000 for doing exactly that.

Here’s the catch though. The law still protects pregnant patients. A woman who receives or uses abortion pills cannot be sued under this law.

Medical Care That IS Legal

Let’s clear up some confusion. Certain medical treatments are explicitly legal in Texas, even though they might involve ending a pregnancy.

Treating an ectopic pregnancy is legal. This is when a fertilized egg grows outside the uterus. It’s dangerous and cannot result in a viable pregnancy. Texas law says treating this is not an abortion.

Treating a miscarriage is legal. If a pregnancy has already failed naturally, doctors can provide care. This includes cases where the fetus no longer has cardiac activity.

Emergency contraception is legal. Plan B and other morning-after pills are not considered abortion pills. They prevent pregnancy rather than ending one.

All forms of birth control remain legal. Pills, IUDs, implants, condoms. Nothing about Texas abortion law changes access to contraception.

Cancer treatment for pregnant patients is permitted. The Life of the Mother Act clarifies that doctors can provide cancer treatment even if it threatens a pregnancy. The patient’s life takes priority.

What Happens If You Need Care?

If you’re pregnant and facing a medical emergency in Texas, you have options.

First, know your rights. Texas law allows doctors to perform abortions to save your life or prevent serious harm to your body. The threat doesn’t have to be immediate.

Second, doctors can discuss abortion with you. Under the 2025 law, having a conversation about your options is not illegal. Your doctor can explain all treatments, including abortion, to determine the best care.

Third, the burden of proof is on the state. If a doctor is accused of performing an illegal abortion, prosecutors must prove it was illegal. The doctor doesn’t have to prove it was legal.

Sound complicated? It can be, honestly.

Traveling Out of State

Traveling to another state for an abortion is legal. Texas cannot prosecute you for getting an abortion elsewhere.

About 35,000 Texas women traveled out of state for abortions in 2023 alone. The closest states where abortion is broadly legal include New Mexico, Colorado, Kansas, and Illinois.

Several organizations help Texans access out-of-state care. They can assist with funding, travel, and appointments.

Fund Texas Choice helps with transportation and lodging. Call them at 512-900-8908 or visit their website.

Texas Equal Access Fund helps pay for the procedure. Call 888-854-4852 on Mondays or Thursdays.

The National Abortion Federation Hotline provides referrals and appointment help. Call 1-800-772-9100.

Planned Parenthood can connect you to out-of-state care. Call 1-800-230-PLAN.

These organizations exist because getting care shouldn’t depend on whether you can afford a plane ticket.

The Legal Landscape Keeps Changing

Texas abortion laws are not static. They’ve changed multiple times since 2021, and they’ll likely change again.

In 2023, Governor Abbott signed a law clarifying that treating ectopic pregnancies and premature membrane rupture is legal.

In June 2025, Governor Abbott signed the Life of the Mother Act to provide more clarity on medical exceptions.

Also in 2025, the legislature passed HB 7 restricting abortion medication, which took effect in December.

Some Texas cities have passed resolutions deprioritizing enforcement of abortion laws. These include Austin, Dallas, Houston, El Paso, and Denton. But make no mistake. The laws still apply in these cities. District attorneys can still prosecute, and the state attorney general can still pursue civil penalties.

Frequently Asked Questions

Can I be arrested for having an abortion in Texas? No. Texas law specifically protects pregnant patients from criminal, civil, and administrative penalties for obtaining an abortion.

What if my doctor won’t help me in an emergency? If your life is at risk, seek care at another hospital. You can also file a complaint with the Texas Medical Board. The 2025 law requires doctors to receive training on when abortions are permitted.

Can I order abortion pills online? Doing so carries legal risk in Texas. The state has sued out-of-state providers who mail pills to Texas patients. While pregnant patients are protected, others who help could face lawsuits.

Is treating a miscarriage the same as an abortion? No. Texas law treats them differently. Removing a pregnancy that has already failed naturally is not considered an abortion. Doctors can provide this care without legal risk.

How far along can I be to get an abortion out of state? It depends on the state you visit. Laws vary widely. Some states allow abortion up to viability (around 24 weeks). Others have different limits. Check the laws of your destination state.

Final Thoughts

Texas abortion laws are among the strictest in the nation. But they’re not absolute. Medical emergencies allow for exceptions. Traveling out of state remains an option. And the law explicitly protects pregnant patients from prosecution.

If you’re facing a difficult pregnancy situation, resources are available. Don’t try to navigate this alone.

Stay informed. Know your rights. And if you’re ever unsure about the law, consult with a healthcare provider or attorney who specializes in reproductive rights.

References

• Texas Health and Safety Code, Chapter 170A – Performance of Abortion. https://statutes.capitol.texas.gov/Docs/HS/htm/HS.170a.htm
• Texas State Law Library – Abortion Laws Guide. https://guides.sll.texas.gov/abortion-laws
• Texas Legislature – Senate Bill 31 (Life of the Mother Act, 2025). https://senate.texas.gov/news.php?id=20250429a
• Office of the Texas Governor – Governor Abbott Signs Life Of The Mother Act. https://gov.texas.gov/news/post/governor-abbott-signs-life-of-the-mother-act-in-austin
• NPR – New Texas law aims to save lives by clarifying the state abortion ban. https://www.npr.org/2025/07/19/nx-s1-5445143/texas-abortion-life-of-mother