Is Abortion Legal in Pennsylvania
Yes, abortion is legal in Pennsylvania until 24 weeks of pregnancy. The state’s Abortion Control Act sets that limit. It also requires a 24-hour wait and, for patients under 18, a parent’s consent or a judge’s approval (18 Pa.C.S. Chapter 32).
Key facts
- Abortion is banned at 24 weeks, except to prevent death or serious lasting harm to the patient.
- A doctor must give state-required information at least 24 hours before the procedure.
- The Commonwealth Court struck down the ban on Medicaid coverage on April 20, 2026 (opinion).
- Medicaid has covered abortion since July 16, 2026, while the state appeals (WHYY).
The Abortion Control Act was enacted on June 11, 1982 (18 Pa.C.S. Chapter 32), and Pennsylvania’s rules still come from it after the U.S. Supreme Court ended federal protection in 2022. Our Dobbs decision guide explains that ruling.
The Pennsylvania Abortion Limit at 24 Weeks
No one may perform an abortion in Pennsylvania once a pregnancy reaches 24 weeks, with two exceptions. A doctor may go ahead when it is needed to prevent the patient’s death or “the substantial and irreversible impairment of a major bodily function” (18 Pa.C.S. 3211). The law also requires the doctor to determine the gestational age first.
Pennsylvania’s Waiting Period and Parental Consent
Two rules shape how a patient gets care before 24 weeks.
Rules for abortion care in Pennsylvania before 24 weeks
Source: Pennsylvania Abortion Control Act, 18 Pa.C.S. Chapter 32; Commonwealth Court of Pennsylvania, April 20, 2026
A minor who cannot or does not want to ask a parent can go to court. The judge must rule within three business days, and the record is sealed (18 Pa.C.S. 3206).
The Pennsylvania Medicaid Abortion Case
The Abortion Control Act bars Pennsylvania’s Medicaid program, Medical Assistance, from paying for abortion except for life, rape or incest. Abortion providers sued in 2019, and the case has moved between two courts since.
- Providers sue Seven abortion providers challenge the coverage ban in Commonwealth Court.
- Supreme Court revives the case The Pennsylvania Supreme Court rules the ban is presumptively unconstitutional and sends it back.
- Ban struck down The Commonwealth Court holds the ban violates the state Equal Rights Amendment.
- State appeals Attorney General Dave Sunday appeals to the Pennsylvania Supreme Court.
- Coverage begins Medicaid starts covering medication and procedural abortions during the appeal.
: 2019: Providers sue (Seven abortion providers challenge the coverage ban in Commonwealth Court.). Jan 2024: Supreme Court revives the case (The Pennsylvania Supreme Court rules the ban is presumptively unconstitutional and sends it back.). Apr 2026: Ban struck down (The Commonwealth Court holds the ban violates the state Equal Rights Amendment.). May 2026: State appeals (Attorney General Dave Sunday appeals to the Pennsylvania Supreme Court.). Jul 2026: Coverage begins (Medicaid starts covering medication and procedural abortions during the appeal.).
January 29, 2024: The Pennsylvania Supreme Court ruled that the coverage ban is “presumptively unconstitutional” and returned the case to the Commonwealth Court (Women’s Law Project).
April 20, 2026: The Commonwealth Court found the ban breaks the state Equal Rights Amendment and its equal protection rules. It barred the state from enforcing the ban for good (Allegheny Reproductive Health Center v. Department of Human Services).
May 2026: Attorney General Dave Sunday, a Republican, appealed to the Pennsylvania Supreme Court, which agreed to hear the case.
July 16, 2026: A judge let the ruling take effect during the appeal. Pennsylvania Medicaid then began covering both pill and procedural abortions (WHYY).
Abortion in Pennsylvania and Neighboring States
West Virginia is the only state on Pennsylvania’s border that bans abortion.
Abortion limits in Pennsylvania and neighboring states
Source: Resist Now abortion laws dataset, from KFF and state law
Our abortion laws by state page shows the limit and exceptions in every state.
Where Things Stand
Pennsylvania abortion laws
As of October 3, 2026
- Abortion up to 24 weeks (18 Pa.C.S. 3211) Law, Legal before 24 weeks
After 24 weeks, only to prevent the patient's death or a substantial and irreversible impairment of a major bodily function. (source)
- 24-hour waiting period and parental consent Law, In force
A doctor must give state-required information at least 24 hours before; a patient under 18 needs one parent's consent or a judge's approval. (source)
- Ban on Medicaid coverage of abortion In litigation, Struck down April 20, 2026; on appeal
The Commonwealth Court held it violates the state Equal Rights Amendment. The attorney general appealed; Medicaid has covered abortion since July 16, 2026 while the state Supreme Court hears the case. (source)
Source: Pennsylvania General Assembly; Commonwealth Court of Pennsylvania; WHYY
Pennsylvania Abortion Questions
Is abortion legal in Pennsylvania?
Yes, until 24 weeks of pregnancy. After that, it is allowed only to prevent the patient’s death or a substantial and irreversible impairment of a major bodily function.
Does Pennsylvania have an abortion waiting period?
Yes. A doctor must give state-required information at least 24 hours before the abortion, except in a medical emergency.
Does a minor need parental consent for an abortion in Pennsylvania?
Yes. A patient under 18 needs the consent of one parent, or approval from a county judge, who must rule within three business days in a sealed proceeding.
Does Medicaid cover abortion in Pennsylvania?
Yes, since July 16, 2026. The Commonwealth Court struck down the state’s coverage ban on April 20, 2026, and coverage continues while the attorney general’s appeal is before the Pennsylvania Supreme Court.
What You Can Do
- If you are pregnant and weighing your options, schedule early. The 24-hour waiting period means at least two steps before care.
- If you are on Medicaid, ask the clinic whether your care is covered. Coverage began July 16, 2026 and could change after the state Supreme Court rules.
- Follow the Pennsylvania Supreme Court case. Its ruling will decide whether Medicaid coverage lasts.
- Ask your state legislators where they stand. Find them with the General Assembly’s legislator lookup, and see our Pennsylvania governor race guide.