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 people 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. Status of Abortion in Florida

  2. Quick Facts About Abortion

  3. Q&A and Know Your Rights

  4. Get the Facts and Get Involved

Abortion is Healthcare

STATUS OF ABORTION IN FLORIDA 

Current Status:

  • The Governor signed into law a near-total abortion ban that went into effect May 1, 2024. 
  • Florida’s extreme abortion ban criminalizes abortion before many people even realize they are pregnant. (See Q&A section below.)
  • This extreme abortion ban was passed by Florida’s legislature in 2023. 
    • 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.
  • Additionally, on May 1, 2024, the Florida Supreme Court broke from long-standing precedent and overturned Florida’s constitutional right to privacy protecting Floridians’ access to abortion in Florida’s Constitution since 1989.

Status of abortion in Florida before May 1, 2024: 

  • For over 30 years, Florida’s State Constitution protected Floridians’ right to abortion under its constitutional right to privacy. On May 1, 2024, the current Florida Supreme Court departed from its three decades of precedent and abolished Floridians’ constitutional right to abortion under the privacy clause. 
  • In the 2023 legislative session, the legislature passed and the Governor signed into law a near-total abortion ban. See the Q&A section below for information on the ban.
  • The United States Supreme Court overturned Roe v. Wade in June 2022 in a case called Dobbs v. Jackson Women’s Health Organization, in which the Court held that the United States Constitution does not protect the right to abortion. 

abortion access in FL

QUICK FACTS ABOUT ABORTION 

Floridians support abortion access.

  • The vast majority of Floridians believe abortion should be legal in all or most  cases.  
  • Nationwide, 72% of people agree that the decision about whether to have an abortion should belong solely to the pregnant person.
  • Only 12 percent of Floridians want to ban abortion entirely, but politicians in Tallahassee continue to push to erode Floridian’s access  to abortion care. Pregnancy and childbirth complications often create significant health risks for pregnant patients. The United States is in a maternal health crisis, disproportionately impacting Black and Brown women, and Florida’s maternal death rate is 26.8 deaths per 100,000 live births.

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. 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.
  • 96.4% of abortions in Florida are performed at less than 13 weeks gestation. 
  • Medication abortion (abortion pills) are incredibly safe and account for close to 60% of abortions. 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.
  • More than 60% of abortion patients have a religious affiliation.
  • The majority of abortion patients have had at least one previous birth.
  • Teenagers make up 7.5% of abortion patients in Florida.

yes on 4 abortion

Q&A AND KNOW YOUR RIGHTS

1. What does abortion access look like in Florida? 

On May 1, 2024, Florida’s near-total abortion ban went into effect. Florida’s 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.

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

There are very narrow exceptions that 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 that have not yet reached viability. 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.   

The near-total abortion ban does not contain any exceptions for rape or incest after the 6th 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 notification and consent for most minors to access abortion care. 
    • Minors must have a parent or guardian sign a specific form, which must be notarized.
    • Minors can ask a judge to waive the requirement for parental notification and consent. This is called judicial bypass, and the process can be started at a local courthouse. You can learn more at TeenAbortionFlorida.com.
       
  • For undocumented immigrants:
    • Undocumented immigrants have a right to healthcare in Florida, including abortion services. 
    • 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 is a judicial bypass?

In 2020, the Florida Legislature passed a law requiring parental notification and consent for most minors to access abortion care. Judicial bypass is an option for those under 18 years old to access abortion without their parent's involvement. Minors can ask a judge to waive the requirement for parental notification and consent. The process can be started at a local courthouse. You can learn more at floridareprofreedom.org/judicialbypass/

3. 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. 

4. 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.

5. 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.

6. What if I need financial assistance for an abortion, or would like to donate to support abortion access in Florida?

If you need help getting an abortion, visit floridareprofreedom.org/abortionislegalinflorida. There you will find a list of local abortion providers, abortion funds, and the procedure to apply for any available assistance.

Abortion funds are independent, grassroots organizations that help by funding procedures, abortion pills, transportation, and lodging when travel is required, childcare, doula and emotional support, or other needs voiced by people seeking abortions, funds are finding innovative and compassionate ways to get people the abortions they want and need.

Abortion funds are the experts in overcoming obstacles people face when obtaining abortion care. You can donate to abortion funds at abortionfunds.org.

7. What’s next for abortion access in Florida?

The “Amendment to Limit Government Interference with Abortion” will be on your ballot this November 2024, as “Amendment 4.” Voters will be able to vote YES or NO on the amendment.

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.

KeepAbortionLegalFull

GET THE FACTS AND GET INVOLVED  

There’s a lot of misleading information out there about abortion. Some information uses citations but cherry-picks, misconstrues, or twists the meaning. We aim to dispel some of this misinformation and provide individuals with clear and accurate knowledge. Below are the facts we relied on for this guide, where we got them, and links to find them for yourself. Check it out.

Sources: 

  1. https://www.sun-sentinel.com/news/politics/fl-ne-fau-florida-poll-abortion-ukraine-covid-immigration-may-2022-20220528-6q3s7p3jnffzrcwi3stlngkdl4-story.html 
  2. https://www.pewresearch.org/religion/2022/05/06/americas-abortion-quandary/
  3. https://www.kff.org/womens-health-policy/poll-finding/abortion-knowledge-and-attitudes-kff-polling-and-policy-insights/ 

For help, please search for these trusted groups:

Get Involved:  

Visit our Reproductive Freedom Action Center to get involved and help protect access to abortion care in Florida

 

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