On May 1, 2024, Florida's near-total abortion ban went into effect.
The ban, which outlaws abortions after 6 weeks, was passed by the Florida Legislature and signed by Gov. DeSantis last year. The current ban replaced the state's 15-week abortion ban, which was approved in 2022.
Florida's current ban has no real exceptions for rape, incest, or the health of the patient. It bans abortion before many people even realize they are pregnant, and before many pregnancies can be detected on an ultrasound. It means doctors risk prison time just for treating the patient in front of them.
This guide provides answers to frequently asked questions about abortion access in Florida.
Who does the abortion ban affect? This abortion ban will apply to anyone who is pregnant 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 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 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. Since a limited number of doctors will provide abortions in Florida, it may be difficult 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 illegal 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 required to carry pregnancies to term or to travel out of state to obtain an abortion. 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 abortion ban makes it difficult for survivors of rape, incest and human trafficking to access an abortion in Florida. Under the ban, survivors of rape, incest, and human trafficking are required to provide documentation of their assault, and if they don’t, they will be required to carry and give birth. 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? According to medical professionals, these inaccessible exceptions endanger patients' health, safety, and future fertility. Already, there have been several instances of pregnant women in emergency situations being required to wait for medical care or to carry nonviable pregnancies to term.
Does Florida law criminalize abortion or just prohibit it? Florida’s 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.
Is the current extreme abortion ban still in effect? Yes. Florida’s abortion ban is in effect, and most pregnant people will carry pregnancies to term. In the 2024 election, more than 57% of Floridians voted in favor of Amendment 4, the amendment seeking to limit government interference with abortion. While this fell just shy of what is needed to amend Florida’s constitution, it succeeded in proving to our elected officials that the vast majority of Floridians do not want the government interfering in our reproductive freedom.
