Is Abortion Legal in Ohio
Yes. Abortion is legal in Ohio, and the state constitution protects it. Article I, section 22 says every person has a right to make their own reproductive decisions, including about abortion. The state can limit that right only by the least restrictive means to protect the patient’s health, and it can ban abortion only after fetal viability (Ohio Constitution).
Key facts
- Voters approved Issue 1 with 56.8% on November 7, 2023 (Ballotpedia).
- The amendment took effect December 7, 2023 (Ohio Constitution).
- The national tracker lists Ohio’s limit as about 22 weeks of pregnancy.
- Courts have blocked the six-week ban and the 24-hour waiting period.
Three of Ohio’s five neighbors, Indiana, Kentucky and West Virginia, ban abortion at all stages with narrow exceptions. Michigan has no gestational limit and Pennsylvania allows it to 24 weeks. Our abortion laws by state page has the rule in every state.
What Issue 1 Says
Issue 1 passed by 531,904 votes and added a right to reproductive freedom to the Ohio Constitution. It took effect 30 days after the election. Protect Women Ohio, which opposed it, objected that the amendment left viability to the treating physician. The official argument for it said a no vote could leave bans in place even in cases of rape or incest (Ballotpedia).
- Yes on Issue 1 (56.8%)
- No on Issue 1 (43.2%)
Source: Ballotpedia, certified results; 3,922,864 votes cast on the measure.
What Article I, section 22 of the Ohio Constitution does
Source: Ohio Constitution, Article I, Section 22
The Ohio Abortion Limit at 22 Weeks
An Ohio law from 2017 bans abortion when the pregnancy is 20 weeks or more after fertilization, about 22 weeks counted the usual way from the last period. It allows a defense when a physician judges the abortion necessary to prevent the patient’s death or serious, lasting harm to a major bodily function (R.C. 2919.201). The national tracker our 50-state page uses lists Ohio’s limit as 22 weeks.
Under Issue 1, a ban can apply only after viability, as the treating physician judges it, and never when needed for the patient’s life or health. The amendment does not set viability at a week of pregnancy.
Ohio Abortion Court Rulings Since 2023
Since Issue 1, Ohio courts have blocked the state’s strictest abortion laws, while the state has kept defending parts of them. The milestones run from the 2023 vote, to the 2024 rulings on the waiting period and the six-week ban, to the 2026 appeals court and Supreme Court decisions.
- Voters approve Issue 1
- Reproductive freedom amendment takes effect
- Judge blocks the 24-hour waiting period
- Judge strikes down the six-week ban
- Appeals court keeps the six-week ban blocked
- Ohio Supreme Court dismisses a judge's challenge
: Nov 2023: Voters approve Issue 1. Dec 2023: Reproductive freedom amendment takes effect. Aug 2024: Judge blocks the 24-hour waiting period. Oct 2024: Judge strikes down the six-week ban. Jan 2026: Appeals court keeps the six-week ban blocked. Aug 2026: Ohio Supreme Court dismisses a judge's challenge.
November 7, 2023: Voters approved Issue 1 with 56.8% (Ballotpedia).
December 7, 2023: The amendment took effect as Article I, section 22 (Ohio Constitution).
August 23, 2024: Franklin County Judge David C. Young blocked the laws that made patients wait 24 hours, make an in-person visit and receive state-mandated information before an abortion (Ballotpedia).
October 2024: Hamilton County Judge Christian Jenkins ruled that the 2019 six-week ban, Senate Bill 23, violates Issue 1 and blocked it permanently. The ban had been in effect briefly in 2022 (Ballotpedia; Statehouse News Bureau).
January 2026: The First District Court of Appeals agreed the six-week ban is unconstitutional. It sent other parts of Senate Bill 23, such as record-keeping rules, back to Judge Jenkins, ruling that he had not followed the right procedure in striking them (WCPO).
August 2026: The Ohio Supreme Court dismissed a Trumbull County judge’s challenge to the amendment on procedural grounds. A separate suit in Butler County is pending (Statehouse News Bureau).
Both sides expect abortion cases to reach the Ohio Supreme Court, and two of its seven seats are on the November 3, 2026 ballot. The court has six Republicans and one Democrat (Statehouse News Bureau).
Ohio Supreme Court seats on the November 3, 2026 ballot
Source: Statehouse News Bureau, August 20, 2026
Abortion in Ohio and Neighboring States
Ohio allows abortion to about 22 weeks, while Indiana, Kentucky and West Virginia ban it. The figures come from the same national dataset as our 50-state page.
Abortion limits in Ohio and its neighbors
Source: Resist Now abortion laws by state dataset (KFF tracker and court rulings)
Where Things Stand
Ohio abortion laws
As of October 3, 2026
- Right to reproductive freedom (Issue 1) Law, In the state constitution since December 7, 2023
Article I, section 22 protects abortion; the state may prohibit it after fetal viability, as the treating physician judges it, but never when needed to protect the patient's life or health. (source)
- Six-week ban (SB 23, 2019) Blocked by a court, Struck down, October 2024
A Hamilton County judge ruled it violates Issue 1. In January 2026 the First District Court of Appeals kept the ban blocked and sent the law's other provisions back to the trial judge. (source)
- 24-hour waiting period Blocked by a court, Franklin County, August 23, 2024
Judge David C. Young blocked the waiting period, the in-person visit and the state-mandated information rules while the case continues; as of August 2026 it was still pending. (source)
- Telehealth pill ban and fetal-remains rule In litigation, Pending as of August 2026
Abortion-rights groups are challenging the ban on prescribing abortion pills by telehealth and the rule on burial or cremation of fetal tissue. (source)
- Challenges to the amendment itself In litigation, One dismissed, one pending
The Ohio Supreme Court dismissed a Trumbull County judge's suit on procedural grounds in August 2026; a Butler County suit backed by opponents of the amendment is pending. (source)
Source: Ohio Constitution; Ohio Revised Code; Ballotpedia; WCPO; Statehouse News Bureau
Ohio Abortion Questions
Is abortion legal in Ohio?
Yes. Ohio voters added a right to abortion to the state constitution on November 7, 2023, with 56.8% of the vote. The state may ban abortion only after fetal viability, and never when a physician judges it necessary for the patient’s life or health.
How many weeks can you get an abortion in Ohio?
Until about 22 weeks of pregnancy. A 2017 Ohio law bans abortion at 20 weeks after fertilization, with a defense when a physician judges it necessary to prevent the patient’s death or serious harm. The 2023 amendment allows bans only after viability, as the treating physician judges it.
Is there a waiting period for an abortion in Ohio?
Not while the court order stands. On August 23, 2024, a Franklin County judge blocked the 24-hour waiting period, the in-person visit requirement and the state-mandated information rules. As of August 2026 that case was still pending.
What happened to Ohio's six-week abortion ban?
A Hamilton County judge ruled in October 2024 that the 2019 six-week ban violates the 2023 amendment and blocked it permanently. In January 2026 the First District Court of Appeals kept the ban blocked and sent other parts of the law back to the trial judge.
What You Can Do
- Know the rule: abortion is legal in Ohio, and the 24-hour waiting period is blocked while its case continues.
- Read the amendment yourself. Article I, section 22 is short and free online.
- Look up the Ohio Supreme Court races on your November 3, 2026 ballot. Two seats are up, and both sides expect abortion cases to reach that court.
- Ask your state legislators where they stand. Every Ohio House seat is on the same ballot. See our Ohio governor race guide.
- Compare other states on our abortion laws by state page.