Since the 6-week abortion ban went into effect on May 1, 2024, women throughout the state have had fears and concerns about their accessibility to abortion and the future of their family planning. If this is you, your fears are valid. It can be hard to understand the legal jargon of the bill and figure out what’s accurate with the myriad of voices trying to explain it. All you want to understand is how it affects you and your life.
If you have questions, we’re here to help. At A Woman’s Choice, we’re not here to tell you what to believe or what to be afraid of, but we are here to help understand the answers to common questions about the bill. If you have questions that are not answered here, feel free to reach out to our team, and we’ll be happy to answer any specific concerns you may have.
What Is the 6-Week Law in Florida?
The Florida 6-week law (also referred to as the 6-week abortion ban or officially titled the Heartbeat Protection Act) is a law that was passed by the Florida legislature in 2024. The official bill states the following: “A physician may not knowingly perform or induce a termination of pregnancy if the physician determines the gestational age of the fetus is more than 6 weeks.”
In other words, doctors in the state of Florida cannot perform an abortion on women who are beyond 6 weeks pregnant. The bill later states that physicians who violate this law are subject to a third-degree felony. It’s important to note that this bill only impacts surgical and medical abortions (the abortion pill)—contraceptives such as birth control and the morning-after pill (Plan B) are unaffected.
What Are the Exceptions to the 6-Week Abortion Ban in Florida?
There are several exceptions outlined in the 6-week abortion ban bill. These exceptions include:
- Cases of rape or incest
- Pregnancy as a result of human trafficking or domestic violence (requires documentation)
- Fatal fetal diagnosis (when the fetus is expected to die before or soon after birth)
- Risk to the life of the mother
In the case of a fatal fetal diagnosis, the bill does require that two separate physicians agree in writing on the diagnosis. These appointments must also be at least 24 hours apart to comply with Florida’s 24-hour delay requirement. This delay is another Florida law that mandates women seeking an abortion must have two scheduled appointments with a physician that are 24 hours apart before they can have an abortion. The 24-hour rule also applies to cases of rape, incest, human trafficking, and domestic violence; however, the 6-week ban extends the age of gestation cut-off to 15 weeks for these exceptions.
What About Ectopic Pregnancies & Miscarriages?
Ectopic pregnancies (a rare but serious pregnancy condition where the fetus implants outside of the uterus) and miscarriages are NOT classified as abortions and remain unaffected by the 6-week ban. For ectopic pregnancies, the treatment is not the same as abortions, so seeking treatment for this condition is not subject to the 6-week law, its exceptions, or 24-hour delay.
On the other hand, while your doctor may refer to a miscarriage as a “spontaneous abortion,” miscarriages are not seen or defined as surgical or medical abortions within the law. Miscarriages also are not the same as a fatal fetal diagnosis—if there is no fetal heartbeat or if you are miscarrying, you can seek treatment regardless of gestational age and are not required to wait 24 hours.
What Do I Do if I’m Past 6 Weeks?
If you are past 6 weeks, we know you may be feeling scared and have concerns about your future. An unplanned pregnancy is already hard to navigate, and you may not know what to do with this new ban in place. However, your first step to move forward should be to get an ultrasound.
Even if your last period was 4–6 weeks ago, only an ultrasound can confirm how far along you are in your pregnancy. It’s better to know for certain about the gestational age as early as possible, so you can determine what choice is best for you. At A Woman’s Choice, we want to help provide clarity during this time for you. That’s why we offer completely free services to help you confirm your pregnancy, receive an ultrasound, and support for what to do next.
Will I Be Arrested if I Try to Get an Abortion Past 6 Weeks?
No, you will not be arrested or punished if you try or even get an abortion past 6 weeks in Florida. The 6-week abortion ban specifically outlines that the law and the punishment for breaking it apply only to physicians and medical professionals—not the woman seeking the abortion. We know this is a common fear for women in Florida right now, but we want to reassure you that whether you’re seeking an abortion or have already had an abortion past 6 weeks, there are no legal consequences for you. However, with this law in place, you should be wary of any doctor in Florida who is willing to perform an abortion past 6 weeks as it could come with higher risks for your health and well-being.
View the Florida Agency for Health Care Administration‘s full fact sheet.
Will Clinics or Hospitals Detain Me?
Because we know there are no legal consequences for pregnant women outlined in the 6-week ban, there would be no reason for clinics and hospitals to detain women seeking an abortion, even if she is past 6 weeks.
Many pregnant women fear that pregnancy clinics will try to trap or detain them if they are seeking abortions; however, we want to reassure you that these clinics are places of support and resources during an uncertain time. Whether you are within the legal limit or past 6 weeks, pregnancy clinics will not detain you for seeking an abortion.
If you attempted to have an abortion past 6 weeks and are experiencing complications, we urge you to go to the hospital right away. The medical professionals at the hospital are there to provide you with treatment and life-saving care, regardless of the gestational age of a pregnancy. They will not report or detain you for attempting to have an abortion, and they will ensure you can go home healthy and recovering.
Remember, the Florida 6-week ban does not punish pregnant women for seeking or having abortions.
How Can I Get an Abortion if I’m Past 6 Weeks?
If you are seeking an abortion in Florida and believe you are past 6 weeks, it’s important to first confirm the age of the pregnancy. Trying to find ways around the 6-week ban in Florida, such as traveling out of state, can be costly and stressful in an already uncertain time.
Before you lose money booking hotels and asking off work, make sure you know for sure how far along you are with an ultrasound. Again, an ultrasound is the only way to confirm how far along your pregnancy is. Counting the weeks since your last period or using other tracking methods is not accurate or reliable. At A Woman’s Choice, we can help you be confident in the gestational age with a free ultrasound.
Missed Your Period? Our Team Is Here to Answer Your Questions
If you recently tested positive for an unplanned pregnancy or have just experienced a missed period, you may be feeling scared, overwhelmed, and uncertain about the future. Unplanned pregnancies can feel like a hindrance to your plans and dreams, and with the laws changing in our state, you may not know the best next steps.
We want you to know you don’t have to navigate this path alone. You have options, and at A Woman’s Choice, we’re here to support you regardless of which path you choose. We provide women with completely free services, including pregnancy testing, ultrasounds, and education about all of your options.
Whether you still have questions about your next steps or want to request an ultrasound to confirm how far along you are, use our live chat to connect with a nurse right now!