Pennsylvania Abortion Law 2026: Is Abortion Legal in PA?

Last verified: October 31, 2026 against the Abortion Control Act (18 Pa.C.S. 3201 et seq.) and the Commonwealth Court opinion of April 20, 2026

Is abortion legal in Pennsylvania today? Yes. The Pennsylvania abortion law did not change when the U.S. Supreme Court overturned Roe v. Wade in 2022, because the Commonwealth never repealed the rules it already had. Abortion stays legal through 23 weeks, with several steps a patient and doctor must follow.

This page covers the 24-week limit, the waiting period, rules for minors, who can perform an abortion, penalties, and the 2026 court fight over Medicaid coverage. It is legal information, not medical or legal advice.

Is abortion legal in PA, and until when?

Yes, until 24 weeks of gestational age. Section 3211(a) says no person may perform or induce an abortion when the unborn child is 24 or more weeks old. In everyday terms, that means abortion is available through 23 weeks.

The law defines abortion as using any means to end a clinically diagnosable pregnancy with a reasonable likelihood of causing the death of the unborn child. Birth control pills and IUDs that work by preventing ovulation, fertilization or implantation are not covered by that definition.

What happens after 24 weeks?

Abortion is banned unless a physician reasonably believes it is needed to prevent the patient’s death or the substantial and irreversible impairment of a major bodily function. The exception does not apply because of a claim that she will harm herself.

Section 3211(c) adds conditions for these later abortions:

• Two physicians must certify the need in writing.
• The procedure must take place in a hospital.
• The method must give the unborn child the best chance of survival, unless that creates a significantly greater risk to the patient.
• A second physician must be present.

Who can perform an abortion in Pennsylvania?

Only a physician licensed to practice medicine in Pennsylvania. Under 18 Pa.C.S. 3204, the physician must decide in his or her best clinical judgment that the abortion is necessary, or receive a written statement from a referring physician. A private medical consultation is required except in a medical emergency.

The Pennsylvania Department of Health says abortions may be provided only at locations registered or licensed by the department. Section 3204 also says an abortion sought solely because of the sex of the unborn child is not treated as necessary.

What is the 24-hour waiting period?

The physician must provide specific information at least 24 hours before the abortion, so most patients need two contacts with the provider. This is the informed consent rule in 18 Pa.C.S. 3205.

• The physician explains the procedure, its risks, the probable gestational age and the medical risks of carrying the pregnancy to term.
• The patient is told about printed state materials, the availability of Medical Assistance, and that the father may be liable to help support the child.
• The patient certifies in writing, before the abortion, that she received the information.
• A medical emergency is an exception.

Can a minor get an abortion in Pennsylvania?

A patient under 18 who is not emancipated needs her own informed consent and the consent of one parent. If the pregnancy came from incest involving the father, only the mother’s consent is required.

A minor who cannot or does not want to involve a parent may ask a court for permission under 18 Pa.C.S. 3206(c). The judge must authorize the abortion if the minor is mature and capable of giving informed consent. If she is not, the judge decides whether the abortion is in her best interests. The court must rule within three business days of the application.

Are abortion pills legal in PA?

Yes, as part of the same legal framework. The Department of Health describes medication abortion as two medicines, mifepristone and misoprostol, usually taken about 24 to 48 hours apart. It says abortion care is available through the 23rd week, with the same rules on counseling, consent and licensed providers. Check with a provider about timing and eligibility, since medical guidance can change.

Pennsylvania abortion law penalties

The penalties fall on the person who violates the rules, usually the provider, not on the patient. The statute sets these grades.

Violation	Statute	Penalty
Performing an abortion after 24 weeks outside the exception	18 Pa.C.S. 3211(a), (d)	Felony of the third degree: up to 7 years and $15,000
Violating the extra conditions for a late-term life or health abortion	18 Pa.C.S. 3211(c), (d)	Misdemeanor of the second degree for a first offense (up to 2 years and $5,000), first degree after that (up to 5 years and $10,000)
Performing an abortion without the physician judgment and consultation required by section 3204	18 Pa.C.S. 3204(d)	Felony of the third degree
No informed consent or written certification	18 Pa.C.S. 3205(c)	Summary offense for a first offense (up to 90 days and $300), misdemeanor of the third degree after that
Performing an abortion on a minor without the required consent or court order	18 Pa.C.S. 3206(i)	Professional discipline, with a physician license suspension of at least three months

The grades follow the general sentencing limits in 18 Pa.C.S. 1101 and 1104. Physicians can also face licensing discipline for unprofessional conduct.

What changed in 2026 for Medicaid and abortion coverage?

A Pennsylvania court struck down the state ban on Medicaid coverage for most abortions, and the case is now on appeal. Here is the timeline.

Date	Event
January 2024	In Allegheny Reproductive Health Center v. Department of Human Services, the Pennsylvania Supreme Court sends the case back to the Commonwealth Court, holding that sex-based distinctions are presumptively unconstitutional under the state Equal Rights Amendment unless the state proves they are necessary.
April 20, 2026	The Commonwealth Court rules 4 to 3, in an opinion by Judge Matthew Wolf, that the Medicaid coverage ban is unconstitutional. The court also held that the Pennsylvania Constitution protects a fundamental right to reproductive autonomy, adopting the reasoning of a 2024 Supreme Court plurality that was not a majority holding.
May 2026	Attorney General Dave Sunday appeals to the Pennsylvania Supreme Court. Gov. Josh Shapiro’s administration had declined to defend the ban.
July 2026	Judge Wolf rules that Medicaid may pay for abortions while the appeal is pending, and news reports say coverage began July 16. The Pennsylvania Supreme Court agrees to take up the appeal. As of late July, the Department of Human Services had not issued billing guidance for providers.

Before the ruling, state law limited public funds to cases that threatened the patient’s life or involved rape or incest reported to law enforcement, under 18 Pa.C.S. 3215. Ask your provider and the Department of Human Services what Medicaid covers today, because billing guidance had not been reported as issued after the July ruling.

Philadelphia and Pittsburgh rules

Abortion law in Pennsylvania is the same in every city and county. Philadelphia, Pittsburgh and other municipalities follow the Abortion Control Act, so the 24-hour wait and the 24-week limit apply the same way in each of them. Access to providers does vary by region, since clinics cluster in larger cities.

How does Pennsylvania compare with neighboring states?

Pennsylvania is more permissive than West Virginia, which bans most abortions, and has more procedural requirements than New York, New Jersey, Maryland and Delaware. Ohio’s voters added abortion rights to its constitution in 2023. Rules differ at every border, so a patient should check the law of the state where care is provided.

Myths and facts about abortion in Pennsylvania

Myth	Fact
“Abortion became illegal in Pennsylvania when Roe was overturned.”	No. Pennsylvania’s own statute allows abortion before 24 weeks, so the 2022 federal ruling did not change it.
“A patient can be prosecuted for having an abortion.”	The Abortion Control Act places its penalties on those who perform or violate the rules, not on the patient.
“Pennsylvania lets you skip the waiting period.”	The 24-hour information rule applies except in a medical emergency.
“A teenager always needs a parent’s permission.”	A minor can ask a judge for approval, and the court must rule within three business days.

A real-world example

Suppose a 17-year-old in Erie is 10 weeks pregnant and does not want to tell her parents. Her provider must give the required information at least 24 hours before the procedure. She can file a petition in the Erie County court, where a judge decides whether she is mature enough to consent. If the judge agrees, the provider can proceed after the waiting period. If she lives in Harrisburg or Philadelphia, the same steps apply.

Frequently asked questions

Is abortion legal in PA?

Yes. Abortion is legal in Pennsylvania before 24 weeks of pregnancy under the Abortion Control Act. A physician must perform it, the patient must receive information at least 24 hours earlier, and minors need parental consent or a court order.

Are abortions legal in Pennsylvania after Roe v. Wade was overturned?

Yes. Pennsylvania’s statute stayed in effect after the U.S. Supreme Court’s 2022 decision. The state never had a trigger ban, and the legislature has not passed a new ban, so the same 24-week limit applies.

Is abortion illegal in PA after 24 weeks?

Mostly yes. Section 3211 allows an abortion at 24 weeks or later only to prevent the patient’s death or serious, irreversible harm to a major bodily function. Two physicians must certify it, and it must happen in a hospital.

Do I need a parent’s consent for an abortion in Pennsylvania?

If you are under 18 and not emancipated, you need one parent’s consent. You can instead ask a judge to approve the abortion if you are mature enough to give informed consent or if it is in your best interests. The court must rule within three business days.

Does Medicaid pay for abortion in Pennsylvania?

The Commonwealth Court struck down the coverage ban on April 20, 2026, and a judge allowed Medicaid to pay while the Attorney General’s appeal is pending. Reports in July 2026 said Medicaid coverage began July 16, but billing guidance for providers had not been reported, so confirm coverage with your provider and the Department of Human Services.

Is there a waiting period for abortion in Pennsylvania?

Yes. Under section 3205, the physician must give specific information at least 24 hours before the abortion, and the patient must certify in writing that she received it. A medical emergency is the exception.

Who is punished under Pennsylvania’s abortion rules?

The statute’s criminal penalties apply to people who perform or assist in violations, such as a provider who performs an abortion after 24 weeks outside the exception. The patient is not the one charged under those sections.

What changed on this page

See our editorial policy for how we check facts, and our corrections page to report an error. More health topics are in Abortion & Health.

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