Is Abortion Legal in Ohio? 2026 Ohio Abortion Law

Last verified: October 29, 2026 against Article I, Section 22 of the Ohio Constitution, Ohio Revised Code Chapters 2317 and 2919, and Ohio court rulings through October 2026

Is abortion legal in Ohio? Yes. Ohio voters added a right to reproductive freedom to the state constitution in November 2023, and Ohio courts have since struck down or paused several older restrictions. The Ohio abortion law that matters most today is the constitution itself, plus the parts of the Ohio Revised Code that courts have not blocked.

This page explains what is legal, what is blocked, what is still on the books, and what is still being decided in court. Court cases are moving, so check the dates below.

Is abortion legal in Ohio right now?

Yes. Abortion is legal in Ohio up to fetal viability, and later when a physician finds it necessary to protect the patient’s life or health.

Article I, Section 22 says the state may not burden, penalize or prohibit a person’s reproductive decisions, or anyone who helps them, unless the state shows it is using the least restrictive means to advance the person’s health under widely accepted and evidence-based standards of care. The same section says abortion may be prohibited after viability, but not when the treating physician decides it is needed to protect the patient’s life or health.

The section defines viability as the point where, in the treating physician’s judgment, the fetus has a significant likelihood of survival outside the uterus with reasonable measures. It is decided case by case. The section is self-executing, so courts can enforce it without a new law.

If you searched “are abortions illegal in Ohio,” “is abortion banned in Ohio,” or “Ohio abortion ban,” the short version is that the state’s six-week ban is not in effect. The sections below explain why.

Ohio abortion law timeline

Date	Event
July 11, 2019	Senate Bill 23 (133rd General Assembly) becomes law, including the six-week “heartbeat” ban in ORC 2919.195. A federal court blocks it.
June 2022	After the U.S. Supreme Court overturns Roe v. Wade, the six-week ban briefly takes effect and is then paused by an Ohio state court on September 14, 2022.
November 7, 2023	Ohio voters pass Issue 1, adding Article I, Section 22 to the Ohio Constitution.
August 23, 2024	A Franklin County court temporarily blocks the 24-hour waiting period and related rules.
August 2024	A Hamilton County court blocks laws that limited which clinicians could provide medication abortion and how mifepristone could be prescribed. A separate, earlier injunction already blocked Ohio’s ban on telehealth abortions.
October 24, 2024	A Hamilton County court permanently blocks the six-week ban in Preterm-Cleveland v. Yost.
February 2025	A Hamilton County court permanently blocks Senate Bill 27, which required burial or cremation of fetal tissue.
January 7, 2026	Ohio’s First District Court of Appeals (2026-Ohio-23) keeps the injunction against ORC 2919.195 and sends the rest of the Senate Bill 23 questions back to the trial court.
February 25, 2026	The First District upholds the block on the burial or cremation law.
March 2026	The Ohio House passes House Bill 347, a 24-hour waiting period bill. It has not passed the Senate.
August 2026	The Ohio Supreme Court unanimously dismisses a Trumbull County judge’s lawsuit against the amendment, without issuing an opinion.

How many weeks is abortion legal in Ohio?

Ohio does not have a six-week limit in effect. The practical limit is fetal viability, which the Ohio Revised Code presumes at 24 weeks of gestation, though the treating physician makes the call.

The six-week ban in ORC 2919.195 made it a fifth-degree felony to perform an abortion after a fetal heartbeat was detected. A Hamilton County court permanently blocked it on October 24, 2024. On January 7, 2026, Ohio’s First District Court of Appeals kept that injunction in place because the State did not challenge it, and the State had conceded the provision conflicts with the amendment.

The old viability statute is still in the Revised Code. Under ORC 2919.17, performing an abortion on a viable fetus is a fourth-degree felony, with an affirmative defense for a physician who, in good-faith medical judgment, finds the fetus was not viable or the abortion necessary to prevent the patient’s death or a serious risk of substantial, irreversible harm to a major bodily function. The statute presumes viability at 24 weeks. A pregnant patient is not guilty of violating it.

Because Article I, Section 22 uses a broader health exception than parts of the older statute, those details may be tested in court. Do not treat any week count as a promise about your own situation. Viability is a medical judgment.

What Ohio abortion rules are blocked and which still apply?

Rule	Statute	Status as of October 2026
Six-week “heartbeat” ban	ORC 2919.195	Permanently blocked (Oct. 24, 2024). Injunction kept by the First District (Jan. 7, 2026).
24-hour waiting period and in-person counseling	ORC 2317.56	Paused by a Franklin County court while the lawsuit continues.
Burial or cremation of fetal tissue	Senate Bill 27	Permanently blocked (Feb. 2025). Upheld on appeal (Feb. 25, 2026).
Limits on who can prescribe abortion medication	Ohio Revised Code, as challenged by Planned Parenthood and the ACLU of Ohio	Blocked by Hamilton County preliminary injunctions. A final ruling is pending.
Post-viability ban	ORC 2919.17	On the books. Applies after viability, with a life and health exception.
Parental consent for minors	ORC 2919.121	On the books. Judicial bypass is available.

That table is a snapshot, not a guarantee. Most blocks are injunctions, and an appeal could change them. A law that is blocked is not repealed.

Is there a 24-hour waiting period for abortion in Ohio?

Not right now. The waiting period is written into ORC 2317.56, but a Franklin County judge paused its enforcement, citing the reproductive freedom amendment.

The statute required a physician to meet the patient in person at least 24 hours before an abortion and required notice of the performing physician and state-published materials. Those requirements are the ones that were paused.

The Ohio House passed House Bill 347 in March 2026 to put a 24-hour meeting requirement back in law. The bill went to the Senate Health Committee in May, and supporter testimony was scheduled for June. No Senate vote has been reported. The bill can still move until the 136th General Assembly ends at the close of 2026, and otherwise would need to be reintroduced.

What about abortion pills and telehealth in Ohio?

Ohio courts have blocked state rules that restricted who may prescribe abortion medication, and clinics may prescribe by telehealth while the lawsuit continues. That is a preliminary ruling, not a final one.

Ohio’s ban on telehealth abortions was blocked by an earlier injunction that remains in place. In late August 2024, a Hamilton County court also blocked Ohio laws that limited mifepristone prescribing and kept advanced practice clinicians from providing medication abortion. In July 2025 the same court granted a further preliminary injunction covering nurse practitioners and other advanced practice clinicians. Ohio Right to Life has said the Ohio Supreme Court will have the final say.

Federal law adds a second layer. In May 2026 the U.S. Supreme Court stayed a Fifth Circuit order that would have ended telehealth prescribing and mail delivery of mifepristone nationwide. That stay is temporary while the appeal continues.

Can minors get an abortion in Ohio?

A minor needs the written consent of one parent or guardian, unless a juvenile court approves or the minor is emancipated (ORC 2919.121).

• The minor can petition the juvenile court in her county or an adjoining county. This is called judicial bypass.
• The court must hold a hearing within five days and rule within 24 hours of the hearing.
• The proceeding is confidential and has no filing fees or court costs.
• Performing an abortion on a minor without meeting these rules is a first-degree misdemeanor for the provider, and a fourth-degree felony after a prior conviction.

In August 2026 the Ohio Supreme Court unanimously dismissed a Trumbull County judge’s lawsuit that argued the amendment removed his role in these cases. The court issued no opinion, so it did not rule on parental consent itself, and the law remains in the Revised Code.

Penalties under Ohio abortion statutes

The Ohio abortion statutes put criminal penalties on providers, not on patients. The felony and misdemeanor levels below come from the statutes and the sentencing sections.

Offense	Level	Prison or jail	Fine (maximum)
Abortion after viability, no defense (ORC 2919.17)	F4	6 to 18 months	$5,000
Six-week ban (ORC 2919.195), blocked	F5	6 to 12 months	$2,500
Minor abortion without consent, first offense (ORC 2919.121)	M1	Up to 180 days	$1,000
Minor abortion without consent, repeat	F4	6 to 18 months	$5,000

Ranges come from ORC 2929.14, ORC 2929.18, ORC 2929.24 and ORC 2929.28. The six-week row is shown only to explain the blocked law, because it cannot be enforced while the injunction stands. A physician convicted under the viability statute must also lose their medical license, and may face a civil suit for damages.

Myths and facts

Myth	Fact
“Abortion is banned in Ohio.”	The six-week ban is permanently blocked. Abortion is legal before viability.
“Ohio has a six-week limit.”	The practical limit is viability, presumed at 24 weeks under ORC 2919.17.
“A patient can be charged for having an abortion.”	The viability statute says a patient on whom an abortion is performed is not guilty of violating it.
“Roe v. Wade still controls.”	Roe was overturned in 2022. Ohio’s protection now comes from the state constitution.
“The 24-hour wait is required.”	A Franklin County court paused it. A bill to restore it is pending.

Is Ohio abortion law the same across the state?

Yes. Abortion is regulated by state law, so the rules are the same in Columbus, Cleveland, Cincinnati, Dayton, Toledo, Akron and every county. Lawsuits are filed in particular counties, such as Hamilton and Franklin, but the laws involved are state laws that apply in every county.

Frequently asked questions

Is abortion legal in Ohio in 2026?

Yes. Article I, Section 22 of the Ohio Constitution protects abortion before fetal viability, and the six-week ban in ORC 2919.195 is permanently blocked. After viability a ban can apply, with an exception when the physician decides it is needed to protect the patient’s life or health.

Is abortion banned in Ohio?

No. A ban passed in 2019 would have stopped abortion after a fetal heartbeat, about six weeks, but a Hamilton County court permanently blocked it on October 24, 2024. An appeals court kept that block in place in January 2026. Abortion remains legal in Ohio before viability.

Was abortion legal in Ohio in 2025?

Yes. The amendment took effect in December 2023, and the six-week ban was struck down in October 2024, so abortion was legal before viability throughout 2025. A court also blocked the burial or cremation law in February 2025. Some other restrictions stayed in the statute book while they were challenged.

Can a patient be prosecuted for an abortion in Ohio?

The viability statute says the pregnant patient is not guilty of violating it. Criminal penalties in the abortion statutes are aimed at providers. Article I, Section 22 also bars the state from penalizing a person for their own reproductive decisions. Talk to an Ohio attorney if you have specific concerns.

Do I need a parent’s permission if I am under 18?

Usually yes. Under ORC 2919.121 a minor needs written consent from one parent or guardian, unless she is emancipated or a juvenile court authorizes the abortion. The court process is confidential, has no fees, and must move quickly, with a hearing within five days.

Can I get abortion pills by telehealth in Ohio?

Ohio courts have blocked state rules that limited who can prescribe abortion medication, so clinics may offer telehealth while the case continues. The ruling is preliminary. Federal rules also matter, and the U.S. Supreme Court temporarily preserved telehealth access to mifepristone in May 2026.

Could Ohio abortion law change again?

Yes. House Bill 347 would restore a 24-hour requirement, and several lawsuits are still open, including challenges to the waiting period, the medication rules and a Butler County case over the amendment. Appeals could also change current injunctions. This page notes the date of each update.

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