Maine Abortion Laws and the 2023 Viability Law

Abortion is legal in Maine before viability. Since a law signed July 19, 2023, it is also legal after viability when a licensed doctor judges it necessary.

By Resist Now Published

Yes. Abortion is legal in Maine before viability, and state policy is not to restrict that decision. After viability, an abortion is allowed when a licensed physician judges it necessary (22 M.R.S. sec. 1598).

Key facts

  • Governor Mills signed the law allowing abortion after viability, LD 1619, on July 19, 2023.
  • Only a licensed physician, physician associate or advanced practice registered nurse may perform an abortion.
  • Towns and counties cannot adopt their own abortion rules; the state law covers the whole field.
  • A minor can get an abortion with an adult family member’s consent or by one of three other routes.

Our abortion laws by state page shows the rules in every other state.

Maine Abortion After Viability

Since LD 1619 took effect, an abortion after viability is allowed “only when it is necessary in the professional judgment of a physician,” who must apply the standard of care. The same law repealed the section that made a later abortion a crime (22 M.R.S. sec. 1598, sub-secs. 1-B and 4; LD 1619).

The law defines viability as the point at which the fetus could survive outside the womb with or without life support (sec. 1598, sub-sec. 2).

What Maine's abortion law says

Part of the lawWhat it says
Before viabilityThe state does not restrict the decision, apart from the rules for minors
After viabilityAllowed when a licensed physician judges it necessary under the standard of care
Who may perform oneA licensed physician, physician associate or advanced practice registered nurse
Local rulesTowns, cities and counties may not adopt their own

Source: 22 M.R.S. sec. 1598

Abortion for Minors in Maine

A person under 18 in Maine has four routes to an abortion. One is the written consent of the minor and one parent, guardian or adult family member. A second is the minor’s own written consent, if a health care professional finds the minor competent to give it. A third is counseling with written proof that the minor received it, and the fourth is an order from a Probate or District Court (22 M.R.S. sec. 1597-A).

Maine’s Shield Law

Maine is one of the states whose shield law protects clinicians who prescribe abortion pills by telehealth to patients in other states, according to the Guttmacher Institute. Our abortion laws by state page lists every shield state (Guttmacher Institute).

Where Things Stand

Maine abortion law

As of October 6, 2026

  • Abortion before viability (22 M.R.S. sec. 1598) Law, Not restricted

    State policy is not to restrict the decision to end a pregnancy before viability, apart from the rules for minors. (source)

  • Abortion after viability (LD 1619) Law, Signed July 19, 2023

    Allowed when a licensed physician judges it necessary under the standard of care. (source)

  • Local rules (22 M.R.S. sec. 1598, sub-sec. 1-A) Law, Preempted

    Towns, cities and counties may not adopt their own abortion rules. (source)

Source: 22 M.R.S. sec. 1598; LD 1619 (131st Legislature)

Maine Abortion Questions

Is abortion legal in Maine?

Yes. State law does not restrict abortion before viability, and after viability it is allowed when a licensed physician judges it necessary.

Can you get an abortion after viability in Maine?

Yes, when it is necessary in the professional judgment of a licensed physician applying the standard of care. LD 1619, signed July 19, 2023, made that change and repealed the criminal penalty for later abortions.

Can a minor get an abortion in Maine without a parent?

Yes, by one of several routes: the consent of an adult family member instead of a parent, the minor’s own consent if a health care professional finds the minor competent, counseling with written proof, or a court order.

What You Can Do

  1. Read the law yourself in 22 M.R.S. sec. 1598.
  2. Compare nearby states on our abortion laws by state page.
  3. Ask your state legislators where they stand; find them with the Legislature’s list of towns in each district.
  4. Vote on November 3. The governor and every seat in the Legislature are on the ballot. See our Maine governor race guide.