Is Abortion Legal in Georgia
Abortion is legal in Georgia only until cardiac activity can be detected, about six weeks into pregnancy. The Living Infants Fairness and Equality Act, known as the LIFE Act or H.B. 481, passed in 2019. It says no abortion may be performed once a “detectable human heartbeat” is found, with three exceptions (Georgia Supreme Court, 2023).
Key facts
- The ban has been in effect since July 20, 2022 (Center for Reproductive Rights).
- Six weeks is measured from a last menstrual period, as both sides agreed in court.
- Rape and incest exceptions require a police report (OCGA 16-12-141).
- A state-court challenge is still open, and the ban stays in force meanwhile.
The six-week point comes from the court record, not the statute. The law bans abortion once cardiac activity is detected, and the parties in the 2023 case agreed that this happens about six weeks after a last menstrual period (Georgia Supreme Court, 2023). Our abortion laws by state page compares that limit with every other state.
Georgia Abortion Ban Exceptions
Georgia’s ban has three exceptions, and the rape and incest exception carries the most conditions. A physician who performs an abortion under any of them must report to the Department of Public Health which exception applied and why (OCGA 31-9B-3, quoted in the 2023 opinion).
Exceptions to Georgia's six-week abortion ban
Source: OCGA 16-12-141(b), as amended by the LIFE Act and quoted in State v. SisterSong (Ga. 2023)
The rape and incest exception ends at a “probable gestational age” of 20 weeks. National trackers that count from a last period list the same cutoff as about 22 weeks. KFF’s exception data, which our national page uses, records it as: "Up to 22 weeks; the assault must be reported to police" (KFF).
The Georgia Supreme Court and the LIFE Act
Courts have blocked Georgia’s ban three times, and each time it came back. A federal court blocked it in 2020 under Roe v. Wade. A Fulton County judge struck it in 2022 and again in 2024, and the Georgia Supreme Court restored it both times.
- LIFE Act signed
- Federal court blocks the ban
- Six-week ban takes effect
- Georgia Supreme Court upholds the ban
- Trial court strikes the ban again
- Ban reinstated within a week
- Ruling vacated on standing
: 2019: LIFE Act signed (H.B. 481 bans most abortions once cardiac activity is detected). 2020: Federal court blocks the ban (Under Roe v. Wade and Casey). Jul 2022: Six-week ban takes effect (After the federal injunction is lifted). Oct 2023: Georgia Supreme Court upholds the ban (Rejects the "void when passed" argument). Sep 2024: Trial court strikes the ban again (Under the state right to privacy). Oct 2024: Ban reinstated within a week (Georgia Supreme Court order). Feb 2025: Ruling vacated on standing (Sent back to the trial court).
2019: The General Assembly passed and Governor Kemp signed H.B. 481, the LIFE Act (Georgia Supreme Court, 2023).
2020: A federal district court ruled the ban conflicted with Roe v. Wade and Planned Parenthood v. Casey, and blocked it (Georgia Supreme Court, 2023).
July 2022: After the U.S. Supreme Court overturned Roe, the 11th Circuit lifted the federal injunction on July 20, and the ban took effect. Abortion providers and SisterSong Women of Color Reproductive Justice Collective sued in state court six days later (Center for Reproductive Rights).
October 2023: The Georgia Supreme Court reversed Judge Robert McBurney’s November 2022 ruling that the law was void because Roe still stood when it passed. Justice Verda Colvin wrote that overruled federal decisions “cannot establish that a law was unconstitutional when enacted.” Justice John Ellington dissented (opinion; WABE).
September 2024: McBurney struck the ban again on September 30, this time under the Georgia Constitution’s right to privacy (Center for Reproductive Rights).
October 2024: The Georgia Supreme Court reinstated the ban on October 7 while it heard the appeal (Center for Reproductive Rights).
February 2025: On February 20, the court vacated the September 2024 ruling and sent the case back to decide whether the plaintiffs have standing to sue (Center for Reproductive Rights).
Abortion in Georgia and Neighboring States
Every state that borders Georgia bans abortion at 12 weeks or earlier. Alabama and Tennessee have near-total bans, Florida and South Carolina stop at about six weeks, and North Carolina at 12. The figures come from the same national dataset as our 50-state page.
Abortion limits in Georgia, Florida, Alabama, Tennessee, North Carolina and South Carolina
Source: Resist Now abortion laws by state dataset (KFF tracker and court rulings)
Where Things Stand
Georgia abortion laws
As of October 1, 2026
- Six-week ban (LIFE Act, OCGA 16-12-141) Law, In effect since July 20, 2022
Bans most abortions once cardiac activity is detected, about six weeks into pregnancy, with exceptions for a medical emergency, a medically futile pregnancy, and rape or incest with a police report. (source)
- "Void when passed" challenge Final ruling, Georgia Supreme Court, October 24, 2023
The court held that overruled U.S. Supreme Court decisions cannot make a law unconstitutional when it was enacted, and sent the case back. (source)
- State right-to-privacy challenge (SisterSong v. State) In litigation, Back in Fulton County Superior Court
On February 20, 2025, the Georgia Supreme Court vacated the 2024 ruling against the ban and asked the trial court to reconsider whether the plaintiffs can sue. The ban stays in effect. (source)
Source: Supreme Court of Georgia; Center for Reproductive Rights
Georgia Abortion Questions
Is abortion legal in Georgia?
Only early in pregnancy. Georgia bans most abortions once cardiac activity can be detected, which the parties in the court case agreed happens about six weeks after a last menstrual period. Exceptions cover a medical emergency, a medically futile pregnancy, and rape or incest with a police report.
Does Georgia allow abortion for rape or incest?
Yes, through a “probable gestational age” of 20 weeks, and only if an official police report has been filed alleging the rape or incest. National trackers that count weeks from a last period list this as about 22 weeks.
Is the Georgia six-week ban still being challenged?
Yes. In SisterSong v. State, a Fulton County judge ruled in September 2024 that the ban violates the Georgia Constitution’s right to privacy. The Georgia Supreme Court reinstated the ban within a week, then on February 20, 2025 sent the case back to decide whether the plaintiffs can sue. The ban stays in effect while that plays out.
What did the Georgia Supreme Court decide in 2023?
On October 24, 2023, the court reversed a ruling that the LIFE Act was void because Roe v. Wade was still law when it passed. The court held that overruled U.S. Supreme Court decisions cannot make a law unconstitutional when enacted. One justice dissented.
Do doctors have to report abortions after six weeks?
Yes. A physician who performs an abortion after detecting cardiac activity must report to the Department of Public Health which exception applied and how it was determined.
What You Can Do
- Know the clock. Six weeks is measured from a last period, not from conception, so the window is short. Our abortion laws by state page lists the rules where you might travel.
- Know the exceptions. Share the three exceptions with anyone who assumes Georgia has none, including the police-report rule for rape and incest.
- Follow SisterSong v. State. The case is back in Fulton County Superior Court, and the Center for Reproductive Rights posts each filing.
- Ask your state legislators where they stand. Every seat in the General Assembly is on the November 3, 2026 ballot, along with the governor and attorney general. See our Georgia governor race guide.
- Write your representative using our letter-writing guide.