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Kansas Abortion Laws and the 22-Week Limit

Abortion is legal in Kansas until 22 weeks, and the Kansas Supreme Court reads the state constitution to protect it. Voters kept that protection in 2022, and courts have since struck down a series of restrictions.

By Resist Now Published Updated How we verify

Yes. Abortion is legal in Kansas until 22 weeks of pregnancy. After that, state law allows it only to save the patient’s life or to prevent serious, lasting harm to a major bodily function, and two physicians must agree in writing (K.S.A. 65-6724).

Key facts

  • The limit is 22 weeks, counted from the first day of the last menstrual period.
  • In 2022, 59.16% of voters rejected an amendment that would have removed the state constitution’s protection.
  • On August 3, 2026, a judge permanently blocked the 24-hour waiting period and several other rules.
  • About 14,000 patients came to Kansas from other states in 2025.

The Kansas 22-Week Limit

Kansas law bars abortion once a pregnancy reaches 22 weeks, counted from the first day of the last menstrual period. The statute calls this a “pain-capable unborn child” (K.S.A. 65-6723).

The two exceptions are narrow. A physician needs a referral from a second, unaffiliated physician, and both must find in writing that the abortion is needed to save the patient’s life or to prevent “substantial and irreversible physical impairment of a major bodily function” (K.S.A. 65-6724).

The 2022 Kansas Abortion Vote

On August 2, 2022, Kansas voters rejected the “Value Them Both” amendment, 557,837 to 385,014. It would have added to the state constitution that it does not protect a right to abortion and let the Legislature regulate it (Kansas Secretary of State, official totals; Ballotpedia).

59.16%
Voted no on the 2022 abortion amendment
40.84%
Voted yes on the 2022 abortion amendment
61.4%
Voted no on electing Supreme Court justices, 2026

It was the first statewide vote on abortion after the U.S. Supreme Court overturned Roe v. Wade in June 2022. Our Dobbs decision explainer covers that ruling.

On August 4, 2026, voters also rejected an amendment to elect Kansas Supreme Court justices instead of appointing them, 387,951 to 243,915 (Kansas Secretary of State, official totals). Supporters and opponents both said abortion was central to that question (Kansas Reflector).

Kansas Abortion Court Rulings

Since the 2022 vote, Kansas courts have struck down a series of abortion restrictions, including a procedure ban and the 24-hour wait. The Kansas Supreme Court first held in 2019 that the state constitution protects abortion access, and later rulings build on that decision (AP).

  1. Voters keep the protection 59.16% vote no on the amendment. (source)
  2. Supreme Court strikes two laws A procedure ban and stricter clinic rules fall in 5-1 rulings. (source)
  3. Judge blocks the 24-hour wait A permanent ruling ends rules dating to 1997. (source)

: Aug 2022: Voters keep the protection (59.16% vote no on the amendment.). Jul 2024: Supreme Court strikes two laws (A procedure ban and stricter clinic rules fall in 5-1 rulings.). Aug 2026: Judge blocks the 24-hour wait (A permanent ruling ends rules dating to 1997.).

July 5, 2024: In a pair of 5-1 decisions, the Kansas Supreme Court struck down a ban on a common second-trimester procedure and laws that regulated abortion providers more strictly than other health care providers. Neither law had been enforced (AP).

August 3, 2026: Johnson County District Court Judge Christopher Jayaram issued a 260-page ruling making permanent his order against restrictions dating to 1997. He found the state “simply failed to clear that high bar” of strict scrutiny, the strictest test courts apply. Jayaram was sworn in as a Kansas Supreme Court justice that evening (Kansas Reflector).

Kansas abortion rules the August 2026 ruling blocked

As of October 6, 2026

  • Waiting periods, including the 24-hour wait in K.S.A. 65-6709 Blocked by a court

    Permanently blocked by Johnson County District Court on August 3, 2026. (source)

  • Government-scripted information that doctors had to give patients Blocked by a court

    Permanently blocked by Johnson County District Court on August 3, 2026. (source)

  • Paperwork in required fonts, sizes and colors Blocked by a court

    Permanently blocked by Johnson County District Court on August 3, 2026. (source)

  • Telling patients at least five times that a medication abortion can be reversed Blocked by a court

    Permanently blocked by Johnson County District Court on August 3, 2026. (source)

  • Asking patients their reasons for seeking an abortion Blocked by a court

    Permanently blocked by Johnson County District Court on August 3, 2026. (source)

Source: Kansas Reflector, August 4, 2026

The waiting period is still printed in the statutes, but the ruling blocks it (K.S.A. 65-6709). Kansas providers sued in June 2023. The case “is in the process of being appealed,” the Kansas Reflector reported on October 13, 2026.

Kansas Abortion Law by Situation

What applies depends on how far along the pregnancy is. Kansas was the third most common destination for patients crossing state lines in 2025 (Guttmacher).

Kansas abortion rules for your situation

I am under 22 weeks
  1. Abortion is legal in Kansas.
  2. Since the August 2026 ruling, the 24-hour waiting period and the scripted information rules are blocked.
I am 22 weeks or more
  1. Kansas law allows abortion only to save your life or to prevent serious, lasting harm to a major bodily function.
  2. Two physicians must agree in writing. Our abortion laws by state page lists the rules in other states.
I live in another state
  1. About 14,000 patients traveled to Kansas for care in 2025, according to Guttmacher.
  2. The 22-week limit and its exceptions are the same for every patient in Kansas.

Our abortion laws by state page compares every state.

Kansas Abortion Questions

Is abortion legal in Kansas?

Yes, until 22 weeks of pregnancy. After that, Kansas law allows it only to save the patient’s life or prevent serious, lasting harm to a major bodily function.

What happened in the 2022 Kansas abortion vote?

On August 2, 2022, 59.16% of Kansas voters rejected an amendment that would have said the state constitution does not protect abortion and let the Legislature regulate it.

Does Kansas have a waiting period for abortion?

Not now. On August 3, 2026, a Johnson County judge permanently blocked the 24-hour waiting period, along with the state-scripted information rules.

What You Can Do

  1. Know the limit: 22 weeks, counted from the first day of your last period.
  2. Compare other states on our abortion laws by state page.
  3. Read the statutes yourself on the Kansas Legislature’s site.
  4. Vote on November 3. The next governor decides whether to sign or veto new abortion bills. See our Kansas governor race guide.