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Is abortion legal in Florida in 2023?

Last Updated: May 11, 2023

Yes, abortion in Florida is legal up until the 15th week of pregnancy as long as:

  • The patient seeking abortion receives abortion counseling and waits 24 hours after an initial doctor’s visit before returning to undergo the procedure or receive an abortion pill prescription;1
  • The patient receives an ultrasound before obtaining an abortion;2

Keep reading for more details on how late you can have an abortion in Florida, exceptions, parental consent, Medicaid coverage, and more.

Florida abortion law requirements

On April 13th, 2023, Governor DeSantis signed a bill making it illegal to have an abortion in the state of Florida after six weeks of pregnancy. However, The Florida Supreme Court is currently reviewing lawsuits on the existing 15-week abortion law passed in July 2022. If a ruling is made in favor of that law, then the new 6-week abortion ban will go into effect 30 days later. Until a court ruling is made on this case, the 15-week law remains in effect in Florida. At this time, we do not know when that ruling will be issued.

The pending 6-week law will provide exceptions for cases of rape, incest, and human sex trafficking; it also maintains current exceptions allowing abortion to save the life and health of the mother and for fatal fetal anomalies.

When is it too late to have an abortion in Florida?

Surgical Abortion Laws in Florida

Surgical abortion in Florida is legal up through the 15th week of pregnancy (111 days after your last period),3, 4 except in cases where the abortion is necessary to save a mother’s life, prevent serious injury to the mother, or if the baby has a fatal abnormality.5

These limits are designed as a safety precaution for women’s health as abortions performed after 15 weeks’ gestation pose significantly greater immediate and long-term risks compared to first-trimester abortions.6

Abortion Pill Laws in Florida

The abortion pill can be prescribed for women who are pregnant up to 10 weeks and is legal in Florida with a doctor’s prescription.7

The same requirements for counseling, an ultrasound, and 24-hour wait period apply to all medical abortions, whether the prescription is made online or in person.

If you are pregnant and considering an abortion, you’ll need an ultrasound to confirm exactly how far along you are. A Woman’s Choice is a free community clinic offering pregnancy tests, ultrasounds, and pre-abortion consulltations 100% free of charge

Does Florida law allow any exceptions for abortion in 2023?

Yes, in certain cases there are exceptions for abortions past 15 weeks in Florida. These exceptions include if an abortion is necessary to save the mother’s life, prevent serious injury to the mother, or if the baby has a fatal abnormality.8

Do you have to have your parent’s permission to get an abortion in Florida if you're under 18?

Yes, Florida law requires parental consent for a minor to receive an abortion. Women under 18 notify at least one parent or guardian 48 hours before an abortion and obtain consent from a parent OR get approval from a judge through a process known as judicial bypass.9

If you a teen and need help, we offer counseling that is 100% confidential. Notification of your parents is NOT required to receive counseling about your pregnancy options. One of our client advocates can meet with you to hear everything you’re facing and help walk you through what you need to know to make the decision that’s best for you. Click here for more information on our teen support.

What if it’s too late for me to get an abortion?

If you have an unplanned pregnancy and aren’t sure what to do, we are here for you. First, it is important for you to know exactly how far along your pregnancy is, which can be determined by an ultrasound. A Woman’s Choice can provide you with an ultrasound at no cost, followed by confidential time with one of our clinic nurses who will help you understand what options you have.

If you learn your pregnancy is outside Florida’s legal limits for abortion, we are still here for you. We will help you explore your options and provide you with resources and support for your decision.

A Woman’s Choice also offers support for those who carry through their pregnancy by providing free parenting classes, baby and maternity supplies, and other helpful resources.

If you live in Central Florida, including Lakeland, Winter Haven, Auburndale, Haines City, Polk County, Plant City, or eastern Hillsborough County, reach out to A Woman’s Choice for help. If our location is not convenient for you, we can connect you to help near you.

Is PlanB legal in Florida?

Yes, PlanB (also called the morning after pill) is available over the counter in most drug stores. Plan B is not the same as the abortion pill and will not end an existing pregnancy. It is a form of emergency contraception that can prevent pregnancy if taken within 5 days of having sex.

Does Medicaid cover abortions in Florida?

No, medicaid will not cover abortions in Florida—whether the abortion pill or surgical procedures—with the exception of abortion in cases of life endangerment, rape or incest.10 Click here to learn more about the cost of abortion in Florida.

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