What States Allow Abortion at 9 Months Explained (Simply)

When people talk about what states allow abortion at 9 months, things get heated fast. You've probably seen the headlines or the viral tweets claiming it's happening everywhere or nowhere. Honestly, the reality is a lot more technical—and a lot rarer—than the soundbites suggest.

As of early 2026, the map of the U.S. is a patchwork. Some states have "total bans," while others have "no limit" on paper. But "no limit" doesn't mean what most people think it means. You aren't going to find walk-in clinics offering elective procedures to someone who is 38 weeks pregnant and just changed their mind. That's a myth.

The States With No Gestational Limits

Basically, there are nine states (plus Washington, D.C.) that do not have a specific "week count" written into their law books. These are often the places people point to when they ask which states allow abortion throughout pregnancy.

The list includes:

• Alaska
• Colorado
• Maryland
• Michigan
• Minnesota
• New Jersey
• New Mexico
• Oregon
• Vermont
• District of Columbia

In these spots, the law doesn't say "you must stop at 24 weeks." Instead, it leaves the decision to the patient and their doctor.

Why? Usually, it's because when a pregnancy reaches the third trimester and something goes wrong, the situations are incredibly complex. We’re talking about severe fetal anomalies—cases where the baby won’t survive after birth—or life-threatening risks to the mother like preeclampsia or organ failure.

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What "9 Months" Actually Looks Like in Practice

Let’s get real for a second. The phrase "9-month abortion" is mostly a political term. In the medical world, if a woman is at 38 or 39 weeks and her life is in danger, doctors don’t perform an abortion in the way people imagine. They perform an emergency C-section or induce labor.

The goal at that stage is to save both lives if possible. If the fetus is viable, the result is a birth.

According to the CDC’s most recent surveillance data, only about 1% of all abortions in the U.S. happen after 21 weeks. The number that happens at "9 months" is so small it often doesn't even register as a full percentage point. When they do happen, it's almost always a tragedy.

Think about it. You’ve bought the crib. You’ve picked a name. You've been pregnant for nearly a year. People don’t suddenly decide at the finish line to end a healthy pregnancy for no reason. Dr. Warren Hern, who runs a clinic in Colorado that handles late-stage referrals, has often noted that his patients are frequently people who desperately wanted their babies but received devastating medical news late in the game.

Fetal Viability: The Big 2026 Shift

While those nine states have no limits, most of the country uses "viability" as the cutoff. Fetal viability is generally considered to be around 24 weeks. This is the point where a baby could potentially survive outside the womb with medical help.

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As of January 2026, 14 states restrict abortion at this viability mark. These include:

• Arizona (recently updated via Proposition 139)
• California
• Connecticut
• Hawaii
• Illinois
• Maine
• Missouri
• Montana
• New York
• Washington
• Wyoming (following recent state court rulings)

In these states, you can't get an abortion after viability unless the mother's life or health is at stake. Even in the "liberal" states like New York or California, there are strict rules once you hit that third trimester. You can't just walk into a clinic at 30 weeks because you're stressed. You need a documented medical necessity.

The Role of "Health Exceptions"

This is where the legal "grey area" lives. Some states allow late-term procedures for "mental health" or "general health" of the mother. Critics argue this is a loophole. Supporters argue it’s necessary for cases where a pregnancy is causing a woman to have a stroke or severe psychological breakdown.

In 2024 and 2025, several states like Arizona and Missouri passed constitutional amendments. These measures generally protect the right to abortion up to viability but allow the state to regulate it afterward—as long as there are exceptions for the "life and health" of the pregnant person.

Why Aren't There More Clinics?

Even in states where it’s legal, finding a doctor to perform a procedure in the third trimester is nearly impossible. There are only a handful of clinics in the entire United States that have the equipment and the specialized staff to handle a procedure after 26 or 28 weeks.

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Most are in:

1. Colorado (Boulder)
2. New Mexico (Albuquerque)
3. Maryland (Bethesda)
4. Washington, D.C.

Because there are so few providers, the cost is astronomical—sometimes upwards of $10,000 to $25,000. It’s a major surgical event. The idea that people are getting these on a whim is just not supported by the logistical or financial reality of the American healthcare system.

Actionable Next Steps

If you are looking for specific state-by-state data or need to understand your local laws, here is how to get the most accurate information:

• Check the Center for Reproductive Rights Map: They keep a real-time "After Roe Fell" tracker that is updated every time a state court issues a new ruling.
• Look at KFF (Kaiser Family Foundation) Reports: They provide the most unbiased breakdown of "health exceptions" and what they actually mean in each state.
• Consult a Medical Professional: If you are facing a high-risk pregnancy in the third trimester, hospital ethics boards and maternal-fetal medicine (MFM) specialists are the ones who actually navigate these laws, not just politicians.
• Verify Fetal Anomaly Laws: Some states, like Florida or Georgia, have very early bans (6 weeks) but might have specific, narrow exceptions for "fatal fetal anomalies" that allow for later procedures. You'll need to check the specific text of the state's latest "Heartbeat" or "Life" act.

The legal landscape is moving fast. What was true in 2024 might have changed by this morning due to a state supreme court injunction. Always verify with a provider in your specific zip code.

Summary Table of Gestational Limits (2026)

Practical advice: If you're researching this for a medical emergency, look for "Maternal-Fetal Medicine" specialists in your state. They are the experts in late-term complications and know exactly what the local hospital boards will allow. Avoid relying on campaign ads for medical legalities.