Is Abortion Legal in Florida? The Six-Week Law

Florida bans most abortions after six weeks of pregnancy, often before a person knows they are pregnant. Reported abortions fell by nearly half in two years. In 2024, 57% of voters backed a right to abortion, short of the 60% the state constitution requires.

By Resist Now Published

Abortion is legal in Florida only up to 6 weeks of gestation, with narrow exceptions after that. A physician may not perform an abortion after 6 weeks unless the patient’s life or health is at serious risk, the fetus has a fatal abnormality, or the pregnancy came from rape, incest or human trafficking (Florida Statutes 390.0111). The limit took effect in May 2024 (WUSF).

Key facts

  • Most abortions are banned after 6 weeks of gestation (390.0111).
  • Patients must see the physician in person at least 24 hours before the procedure (390.0111(3)).
  • Reported abortions fell 47% from 2023 to 2025 (AHCA; WUSF).
  • Amendment 4 won 57.2% in 2024, short of the 60% needed (Ballotpedia).

Six weeks comes early. Florida law counts gestation “from the first day of the pregnant woman’s last menstrual period” (Florida Statutes 390.011). For someone with a regular cycle, that puts the limit about two weeks after a missed period, before many people know they are pregnant.

Exceptions to the Six-Week Ban

Florida allows three exceptions after 6 weeks, each with paperwork a physician or patient must provide.

Exceptions to Florida's six-week limit

ExceptionHow lateWhat is required
To save the patient's life or prevent serious physical harmAny pointTwo physicians certify in writing, or one in an emergency
Fatal fetal abnormalityBefore the third trimesterTwo physicians certify in writing
Rape, incest or human traffickingUp to 15 weeksPatient must bring a police report, restraining order, medical record or court document

Source: Florida Statutes 390.0111(1)

The health exception covers physical harm only. The statute allows an abortion to avert “a serious risk of substantial and irreversible physical impairment of a major bodily function,” and excludes “a psychological condition.” A provider who performs an abortion in violation of the law commits a third-degree felony (390.0111(10)).

Getting an Abortion in Florida

Only a physician may perform an abortion in Florida, and only in person. State law bars telehealth abortion and requires that pills for a medication abortion be dispensed by a physician, not mailed (390.0111(2)).

The steps Florida law requires, before 6 weeks

  1. As early as possible Confirm the pregnancy and its date Six weeks is counted from the first day of your last period, not from conception.
  2. Visit 1 In-person counseling The physician must explain the procedure and its risks in the same room as you.
  3. At least 24 hours later Return for the abortion The 24-hour wait applies except in a medical emergency.
  4. Same visit Pills or procedure, in person Medication must be handed to you by the physician; it may not be mailed.

Florida abortion rules, by situation

I just found out I am pregnant
  1. Count from the first day of your last period to see how many weeks you are.
  2. If you are close to 6 weeks, call a provider right away; two visits are required.
  3. Our national page lists states with later limits.

Florida Statutes 390.0111(1) and (3).

The pregnancy is from rape or incest
  1. The exception runs to 15 weeks.
  2. Bring a police report, restraining order, medical record or court document to the appointment.
  3. For a patient under 18, the physician must report to the state abuse hotline.

Florida Statutes 390.0111(1)(d).

A doctor found a serious problem with the pregnancy
  1. Ask whether two physicians will certify a fatal fetal abnormality.
  2. That exception applies before the third trimester.
  3. Ask for the certification in writing.

Florida Statutes 390.0111(1)(c).

I am thinking of ordering pills online
  1. Florida law bars providers from mailing abortion pills or using telehealth.
  2. Some out-of-state providers mail pills under their states' shield laws.
  3. Read about the legal risks before you decide; our national page covers them.

Florida Statutes 390.0111(2).

Abortions in Florida by Year

Reported abortions in Florida fell from 84,052 in 2023 to 44,206 in 2025, a drop of 39,846, or 47%. The six-week limit took effect in May 2024.

Abortions reported to Florida's Agency for Health Care Administration
Abortions reported to Florida's Agency for Health Care Administration
CategoryValue
202384052
202464854
202544206

Sources: AHCA totals by county of residence for 2023 and 2024; WUSF, January 12, 2026, reporting AHCA's 2025 count as of January 1, 2026, which may not be final.

99.4%
of 2025 abortions were in the first trimester
286
second-trimester abortions reported in 2025
181
of those were for a fatal fetal abnormality

These counts are abortions performed in Florida. They do not count Floridians who traveled to another state or ordered pills from outside the state.

Why Amendment 4 Fell Short

A majority of Florida voters backed a right to abortion in 2024, but not the 60% the constitution requires. Amendment 4 would have protected abortion before viability or when needed to protect the patient’s health. It won 6,070,758 votes, 57.2% of those cast on it, and needed about 300,725 more yes votes to pass (Ballotpedia).

The 60% rule decided the outcome. Supporters of Amendment 4 say it let a minority override most voters; defenders of the rule say the constitution should change only with broad agreement. The six-week limit is a statute, so the Legislature can change it without a ballot measure.

Florida and the Southeast

Florida’s six-week limit leaves few nearby options. North Carolina allows abortion to 12 weeks, the latest in the region. Alabama, Tennessee and Mississippi ban it at all stages.

Abortion limits in Florida and nearby states

StateStatusLimit
FloridaBanned after 6 to 12 weeks of pregnancy6 weeks
AlabamaBanned at all stages, with narrow exceptionsBanned
GeorgiaBanned after 6 to 12 weeks of pregnancy6 weeks
South CarolinaBanned after 6 to 12 weeks of pregnancy6 weeks
North CarolinaBanned after 6 to 12 weeks of pregnancy12 weeks
TennesseeBanned at all stages, with narrow exceptionsBanned
MississippiBanned at all stages, with narrow exceptionsBanned

Source: KFF abortion tracker, as compiled in our 50-state abortion dataset

Our abortion laws by state guide covers every state’s limit, exceptions, telehealth rules and shield laws.

Where Things Stand

Florida abortion laws and ballot measures

As of September 29, 2026

  • Six-week limit (Florida Statutes 390.0111) Law, In effect since May 2024

    Abortion is barred after 6 weeks of gestation except for the listed exceptions; a provider who breaks the law commits a third-degree felony. (source)

  • 2024 Amendment 4 (right to abortion before viability) Ended, 57.2% yes, short of 60%

    Won a majority on November 5, 2024 but failed under the 60% rule for constitutional amendments. (source)

  • Telehealth and mailed abortion pills Law, Barred by state law

    Pills for a medication abortion must be dispensed in person by a physician; telehealth abortion is prohibited. (source)

Source: Florida Statutes 390.0111; Ballotpedia

Florida Abortion Questions

Is abortion legal in Florida?

Only up to 6 weeks of gestation, with narrow exceptions after that. A physician may perform a later abortion to save the patient’s life or prevent serious physical harm, for a fatal fetal abnormality before the third trimester, or up to 15 weeks for pregnancies from rape, incest or human trafficking with documentation.

Can you get an abortion in Florida in 2026?

Yes, before 6 weeks, with a physician, in person, after a 24-hour waiting period that requires a first in-person visit. Six weeks is counted from the first day of the last menstrual period, so the window is about two weeks after a missed period.

What are the exceptions to Florida's abortion ban?

Three. To save the patient’s life or prevent serious, irreversible physical harm, certified by two physicians or one in an emergency. A fatal fetal abnormality before the third trimester, certified by two physicians. Rape, incest or human trafficking up to 15 weeks, with a police report, restraining order, medical record or court document.

Can I get abortion pills by mail in Florida?

Not legally from a Florida provider. State law bars telehealth abortion and requires that pills for a medication abortion be dispensed in person by a physician, not mailed. Some people get pills from providers in other states under shield laws, and the abortion laws by state guide explains how those laws work and the risks.

Why did Amendment 4 fail in Florida?

Florida requires 60% approval for a constitutional amendment. Amendment 4 won 57.2% on November 5, 2024, about 300,725 yes votes short of 60% of the ballots cast on it.

What You Can Do

  1. Act early if you need care. The six-week window and the 24-hour wait leave little time.
  2. Know the exceptions and the paperwork. Bring the required documents to the appointment.
  3. Learn the options in other states. Our abortion laws by state guide and Dobbs decision explainer cover them.
  4. Tell your state legislators what you think. The six-week limit is state law, which the Legislature can change. Our letter-writing guide shows how.
  5. Compare another state. Our Texas abortion laws page covers a state with a near-total ban.