Reproductive Healthcare Resource Center

Everyone should be able to access the health care they need—without politicians interfering with their medical decisions. The vast majority of Floridians believe abortion should be legal. Unfortunately, Florida’s Governor and the legislature disagree with Floridians, enacting a dangerous near-total abortion ban in Florida, that went into effect on May 1, 2024. 

This extreme abortion ban criminalizes abortion before many women even realize they are pregnant. The ACLU of Florida will never stop fighting for our freedom to make personal medical decisions without government interference.  These resources will help you learn more about your rights in Florida and how to protect them.

On this page: 

  1. Get Involved Today! 

  2. Florida's Extreme Abortion Ban

  3. Facts About Abortion, Access, and Trusted Sources

  4. Vote YES on Amendment 4 in November

Abortion is Healthcare

FLORIDA'S EXTREME ABORTION BAN 

WHAT YOU NEED TO KNOW

Current Status: Florida currently has a near-total abortion ban in effect, making it virtually impossible for most people to access an abortion in Florida. 

When did this extreme abortion ban go into effect in Florida? May 1, 2024.

Who does the abortion ban affect? This dangerous abortion ban will impact you or anyone you know needing access to an abortion in Florida. 

I’ve heard it called a “6-week abortion ban,” does that mean that I can access an abortion up to six weeks after learning I’m pregnant? No. This extreme ban outlaws abortion before many people even realize they are pregnant, and often before a pregnancy can be detected on an ultrasound.

Can I access an abortion up to six weeks after I was impregnated (conception)? No. This extreme ban starts the clock on the first day of your last menstrual period, not from conception. Under Florida law, you are considered “6 weeks pregnant” about two weeks after you have missed your period if your periods are regular. It will be virtually impossible for most people to obtain the two state-mandated in-person doctor appointments, which must be at least 24 hours apart, in order to have an abortion.

What if I don’t know I’m pregnant within that time frame? It will be virtually impossible for most people to access an abortion in Florida if they don’t know they are pregnant within this time frame. The vast majority of people will be forced to carry pregnancies and give birth against their will or forced to travel hundreds of miles out of state to get the care they need. If you or someone you know needs an abortion, more information is available at IneedanA.com.

Does Florida’s abortion ban apply to medication abortions (the abortion pill) as well as the abortion procedure? Yes.

Under Florida’s abortion ban, is it a crime for abortion medication pills to be sent through the mail? Florida’s extreme abortion ban requires that abortion medication be dispensed in person by a physician and not through the mail. It is unclear at this point how law enforcement and prosecutors will enforce this provision and how Florida courts will interpret it.

Does Florida’s abortion ban have exceptions for victims of rape, incest, and human trafficking to get an abortion? Florida’s near-total abortion ban makes it extremely difficult for survivors of rape, incest, and human trafficking to access an abortion in Florida. Under the near-total ban, survivors of rape, incest, and human trafficking are required to provide documentation of their assault, and if they don’t, they will be forced to carry and give birth to their attacker’s child against their will. There are no exceptions for rape, incest, or human trafficking after the fifteenth week of pregnancy.

Are there exceptions in the law to protect the health of a pregnant patient? The exceptions are unworkable and endanger patients' health, safety, and future fertility. Already, there have been several horrific instances of pregnant women with wanted pregnancies being forced to wait until they are on the brink of death in order to get the care they need or being forced to carry doomed pregnancies to term.

Does Florida law criminalize abortion or just prohibit it? Florida’s extreme ban makes it a felony crime for doctors to perform an abortion, with criminal penalties of up to five years in prison and fines of up to $5,000 for violating this ban.

Where can I find additional resources? Visit IneedanA.com for up-to-date information on where you can safely access abortion services. 

 

How can I learn about the legislators who voted for this extreme abortion ban? 

In the Florida House of Representatives, 70 elected officials voted in favor of this extreme ban and 40 elected officials voted against it. You can see how your House Representative voted here.  In the Florida Senate, 26 elected officials voted in favor of this extreme ban and 13 elected officials voted against it. You can see how your State Senator voted here.

(Download this information as a one-pager here.) 

abortion access in FL

FACTS ABOUT ABORTION 

The vast majority of Floridians support abortion access.

Abortion is safe.

  • Abortion medication and abortion procedures are safe. 
  • In fact, abortion is much safer for women than pregnancy and childbirth. Pregnancy and childbirth complications often create significant health risks for pregnant patients, disproportionately impacting Black and Brown women. Florida’s maternal death rate is 26.8 deaths per 100,000 live births. Moreover, the maternal mortality rate for Black women during pregnancy and delivery is almost 3x higher than for white women.
  • Medication abortion (abortion pills) are incredibly safe and account for close to 60% of abortions. 
  • According to the CDC, the vast number of abortions (96%) occurred at or before 15 weeks gestation, while 3% occurred from 16 to 20 weeks gestation, and just 1% of abortions were performed at or after 21 weeks. 
  • Reasons individuals seek abortions later in pregnancy include medical concerns such as fetal anomalies or maternal life endangerment, as well as barriers to care that cause delays in obtaining an abortion. Amniocentesis (prenatal testing to detect genetic disorders) is performed after the 15th week of pregnancy.

People from all walks of life get abortions.

  • Six out of 10 Americans know someone who’s had an abortion.
  • Nearly one in four U.S. women will have an abortion by age 45.
  • The majority of abortion patients have had at least one previous birth.
  • Among people obtaining an abortion, more than half were in their 20s: 33% were aged 20–24 and 28% were 25–29.
  • Similar proportions of people obtaining an abortion were Black (29%), Latinx (30%) or non-Hispanic White (30%). 
  • Some 41% of people obtaining abortions had an income below the federal poverty level (FPL) and 30% had incomes between 100% and 199% of the FPL.

Millions of women and girls are unable to access abortion care. 

  • About 21.5 million women and girls of reproductive age live in states that ban abortions completely, or after six weeks of pregnancy. That’s about 29% of women ages 15 to 49.
  • As of June 2024, 14 states have ceased nearly all abortion services and three states have enacted six-week bans. 
  • Since Roe v. Wade was overturned, and abortion bans have increased in the states, there has been a sharp increase across the country in young people requesting and undergoing sterilization. Tubal ligations doubled from June 2022 to September 2023, and vasectomies increased over three times during that same time.

There’s a lot of misleading information out there about abortion. We aim to dispel some of this misinformation and provide individuals with clear and accurate knowledge. We have embedded links in the above facts to make it easy for you to review the sources of information and learn more about abortion access in the United States.

For more information, please search for these trusted sites: 

ADDITIONAL INFORMATION ON ABORTION ACCESS 

1. What does abortion access look like now in Florida? As of May 1, 2024, Florida’s extreme abortion ban criminalizes abortion 6-weeks after a pregnant person’s first day of their last menstrual period, which is about fourteen days after a missed period if the person’s cycle is regular. 

Patients must go to two in-person doctor appointments to access abortion care, and these appointments must be separated by at least 24 hours. Mandatory disclosures and an ultrasound are done at the first appointment and the abortion is performed, or abortion medication is provided, at the second appointment.

  • Mandatory disclosures: The patient must be given state-directed counseling and disclosures at the first appointment, including printed materials of entities offering alternatives to abortion.
  • Ultrasound: Patients must undergo an ultrasound at the first appointment, and must be offered to view the images and have them explained.

There are very narrow exceptions and they endanger pregnant patients’ health and safety. These include an exception to save an individual’s life or to prevent serious risk of substantial and irreversible physical impairment of a major bodily function other than psychological conditions or in cases of fatal fetal abnormalities in fetuses before the third trimester. For these exceptions to apply, two doctors must confirm a fatal fetal abnormality or certify in writing that the abortion is necessary to save the woman’s life or prevent major physical harm. According to medical professionals, the exceptions require doctors to delay critical and necessary health care and thus endanger patient health and safety.  

The near-total abortion ban does not contain any exceptions for rape or incest after the 15th week of pregnancy.  Prior to that time, rape and incest survivors are required to show documentary proof of their assault in order to access an abortion.

  • For those younger than 18 years old: 
    • In 2020, the Florida Legislature passed a law requiring parental consent in addition to parental notification for most minors to access abortion care. 
    • Minors must have a parent or guardian sign a specific form consenting to an abortion, which must be notarized.
    • Minors can ask a judge to waive the requirement for parental notification and consent through a process referred to as a "judicial bypass." You can learn more about obtaining a judicial bypass here:  TeenAbortionFlorida.com. 
  • For undocumented immigrants:
    • Undocumented immigrants have a right to healthcare in Florida, including abortion services. Undocumented immigrants face numerous additional obstacles to receiving such care in Florida.
    • Pursuant to the National Detention Standards, Immigration and Customs Enforcement (ICE) has an obligation to provide abortion services to individuals in immigrant detention within two working days if requested. 
  • For currently incarcerated people: 
    • People in Florida’s jails and prisons still have a right to healthcare, including abortion. Their ability to access care is even more difficult due to Florida’s near-total abortion ban criminalizing abortion six weeks from the first day of the individual’s last menstrual period.

2. What are your rights to abortion in Florida? As of May 1, 2024, you have a statutory right to abortion up until six weeks from the first day of your last menstrual period. 

3. Where can I get an abortion in Florida? Abortion is still legal in Florida today, although it has been banned after six weeks gestation, with only very narrow exceptions. If you’re looking for abortion care, visit INeedAnA.com. There you can find information on local clinics and local abortion funds.

4. Do I have to pay for an abortion out of pocket? Some insurance carriers cover abortion. Call your insurance company to ask if abortion is a covered benefit, and ask for an in-network clinic. You can often find their phone number on the back of your insurance card.

Medicaid will not cover your abortion in Florida, except in cases of rape, incest, and life endangerment. However, many clinics offer discounts for people who are enrolled in Medicaid.

5. What if I need financial assistance for an abortion, or would like to donate to support abortion access in Florida? If you need help affording an abortion, visit IneedanA.com to find safe, confidential, and up-to-date information about where you can get an abortion in Florida and various abortion funds that may be able to provide financial and logistical assistance.

6. What is an abortion fund and how can I donate to support abortion funds? Abortion funds are independent, grassroots organizations that can often help by providing funding for abortions, as well as assisting with logistical support. Abortion funds are experts in overcoming obstacles people face when obtaining abortion care. You can donate to abortion funds at abortionfunds.org.

7. Didn't Florida's Constitution protect abortion access? Yes, for over 30 years, Florida’s State Constitution had protected Floridians’ right to abortion under its constitutional right to privacy. But in 2024, the current Florida Supreme Court departed from precedent and abolished Floridians’ constitutional right to abortion under our state constitution’s privacy clause.

8. What can I do now to increase access to abortion in Florida?  The “Amendment to Limit Government Interference with Abortion” will be on your ballot this November 2024, as “Amendment 4.” Make sure you and everyone you know is registered to vote and vote YES on 4 this November.

In order to pass this citizen-initiated ballot initiative, Amendment 4 must be approved by 60% of voters.  If passed, abortion will be legal before viability or when necessary to protect a patient’s health, as determined by their healthcare provider, and will go into effect Tuesday, January 7, 2025.

If you want to share or print out answers to frequently asked questions about abortion access in Florida, visit here. 

KeepAbortionLegalFull

 

 

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