Is Abortion Legal in Florida? 2026 Six-Week Ban, Exceptions and Penalties

Last verified October 25, 2026 against current Florida law

Is abortion legal in Florida? Yes, but only in the earliest weeks of pregnancy. Florida bans most abortions after six weeks of gestational age, which is often before a person knows they are pregnant. The ban took effect on May 1, 2024, and it is still in force in October 2026.

This page explains what the law allows, the exceptions, the rules for getting an abortion in Florida, what happens to doctors who break the law, and why voters have not changed it. It covers legal information only, not medical advice.

Florida abortion law at a glance

Question	Florida law
Is abortion legal?	Yes, up to 6 weeks of gestational age
How is gestational age counted?	From the first day of the last menstrual period
Is it a total ban?	No. Exceptions apply after 6 weeks
Exceptions	Life or serious health risk, fatal fetal abnormality, rape, incest or human trafficking (up to 15 weeks, with documentation)
Waiting period	24 hours after in-person counseling
Telehealth abortion	Banned; pills must be given in person by a physician
Minors	Parental consent required; a 2025 appeals court ruling held the judge-waiver procedures unconstitutional
Penalty for providers	Third-degree felony: up to 5 years in prison and a $5,000 fine
Governing law	Fla. Stat. §§ 390.0111, 390.01114
Last major change	Six-week ban took effect May 1, 2024; Amendment 4 failed in November 2024 with about 57%

Are abortions legal in Florida?

Yes, but only up to six weeks of gestational age. Under Fla. Stat. § 390.0111(1), a physician may not perform or induce an abortion if the fetus is more than six weeks old, unless an exception applies.

Gestational age is counted from the first day of your last menstrual period, not from conception. Six weeks of gestational age is about two weeks after a missed period, so the window is very short.

Is abortion illegal in Florida?

Not completely. Abortion is illegal in Florida after six weeks, but it is not a total ban, and abortions before that point remain legal. The law also has exceptions that apply later in pregnancy.

The restriction is aimed at the people who perform the procedure. The penalty section of the statute applies to a person who willfully performs, or actively participates in, a termination that breaks the law.

Is abortion banned in Florida?

Florida has a six-week ban, not an outright ban. Many news stories use the word “banned” for any state that restricts abortion early in pregnancy, but Florida law still allows abortion in the first six weeks and in the exception cases below.

Before May 1, 2024, Florida allowed abortion up to 15 weeks. The change came after the Florida Supreme Court ruled on April 1, 2024, in Planned Parenthood of Southwest and Central Florida v. State, that the state constitution’s privacy clause does not protect abortion. That ruling also triggered the six-week law passed in 2023.

What is the abortion law in Florida?

Florida’s abortion law is Fla. Stat. § 390.0111, as changed by Senate Bill 300 of 2023 (chapter 2023-21). The main rules are a six-week limit, a 24-hour waiting period, in-person care only, and written consent after state-required information.

Lawmakers passed the six-week limit in 2023, and Governor Ron DeSantis signed it on April 13, 2023. It could not take effect until the Florida Supreme Court decided whether the state constitution protects abortion. After that decision on April 1, 2024, the law took effect 30 days later, on May 1, 2024.

What are the abortion laws in Florida?

Florida has several rules that work together, not just the six-week limit. Each one is part of Fla. Stat. § 390.0111 unless noted.

• Six-week limit. No abortion after 6 weeks of gestational age, except in the cases listed below.
• 24-hour wait. The physician must give you information in person, in the same room, at least 24 hours before the procedure. A medical emergency is exempt. The information can be given less than 24 hours ahead if you ask and show documentation of rape, incest, domestic violence or human trafficking.
• In-person care only. Telehealth cannot be used for abortions, including medication abortions. Abortion pills must be given in person by a physician and cannot be sent by mail or courier.
• Written consent. You must give voluntary, informed written consent and receive the state’s printed materials.
• Physician only. Only a physician may perform or induce an abortion in Florida.
• Third-trimester care. If an abortion is done in the third trimester, the physician must try to preserve the fetus’s life and health unless that conflicts with the woman’s life or health.
• Partial-birth abortion. This procedure is prohibited except when needed to save the woman’s life.

What are the exceptions to the Florida abortion ban?

There are four exceptions after six weeks, and each one has paperwork requirements. Doctors must follow them exactly or risk felony charges.

Exception	What the law requires
Life or serious health risk	Two physicians certify in writing that the abortion is needed to save your life or avoid a serious risk of substantial, irreversible physical impairment of a major bodily function. Mental health conditions do not count.
Medical emergency	One physician may certify in writing if another physician is not available for consultation.
Fatal fetal abnormality	Two physicians certify in writing, and the pregnancy has not reached the third trimester.
Rape, incest or human trafficking	Allowed up to 15 weeks of gestational age. You must give documentation, such as a police report, restraining order, medical record or court order, when you schedule or arrive for the appointment.

Doctors also have reporting duties. If the patient is a minor, the physician must report rape, incest or trafficking to the Florida Abuse Hotline. If the patient is 18 or older, the physician must report known or suspected human trafficking to local law enforcement.

How do you get a legal abortion in Florida?

The state-required information must be given to you in person at least 24 hours before the procedure, so most patients make two trips. The counseling includes information on your gestational age, as verified by ultrasound.

• Visit a licensed Florida physician in person. Telehealth visits cannot be used.
• Receive the required information orally, in the same room, plus the state’s printed materials.
• Have your gestational age determined. The physician verifies it by ultrasound as part of the counseling.
• Sign written informed consent, then wait at least 24 hours.
• Return for the procedure or to receive the medication from the physician in person.

Because of the six-week limit, timing matters. A visit that falls just past six weeks can change which options the law allows.

Are abortion pills legal in Florida?

Yes, but only in the early window and only in person. Medication abortion follows the same six-week limit and the same 24-hour wait as a procedure. Under the statute, the physician must dispense the medication in person, and it cannot be mailed or sent by courier.

Telehealth prescribing of abortion pills is not allowed in Florida, even if the patient and doctor are both in the state.

What are the rules for minors in Florida?

A minor needs a parent’s or guardian’s consent. Florida’s parental consent law is Fla. Stat. § 390.01114, and the state constitution also allows the Legislature to require parental notice.

The law lets a minor ask a judge to waive consent, and it has exceptions such as a medical emergency. In May 2025, the Fifth District Court of Appeal held in Doe v. Uthmeier that the maturity and best-interest waiver procedures are unconstitutional because they deny parents due process, and it sent the question to the Florida Supreme Court. Parental consent is still required.

Penalties for breaking Florida abortion law

The penalties fall mainly on the people who perform the procedure. Sentencing ranges come from Fla. Stat. §§ 775.082 and 775.083.

Offense	Classification	Maximum penalty
Willfully performing, or actively taking part in, an abortion that breaks § 390.0111 (the consent and counseling rules, fetal-remains rule and born-alive provisions carry separate consequences)	Third-degree felony	5 years in prison, $5,000 fine
Same violation that results in the woman’s death	Second-degree felony	15 years in prison, $10,000 fine
Improper disposal of fetal remains	First-degree misdemeanor	1 year in jail, $1,000 fine
Physician violations	Professional discipline	The Florida Board of Medicine or Board of Osteopathic Medicine can discipline a license

Florida also bars state and local governments, and certain managed care plans, from spending public funds on organizations affiliated with licensed clinics that perform abortions, with a few listed exceptions.

Real Florida scenarios

• You are 5 weeks along and live in Orlando. You can get an abortion if you complete the in-person visit, the counseling and the 24-hour wait before the six-week mark passes.
• You are 9 weeks along in Miami and your pregnancy resulted from rape. You may qualify for the exception up to 15 weeks, but you must show documentation, such as a police report, a medical record or a court order.
• You are 16 and live in Jacksonville. You need a parent’s or guardian’s consent, because the Fifth District Court of Appeal held the judge-waiver procedures unconstitutional in 2025. A medical emergency is an exception.
• You have a dangerous complication in Tampa. Two physicians must certify the life or health risk in writing, or one physician in an emergency when no second doctor is available.
• You want pills by mail in Broward County. Florida does not allow telehealth abortion or mailing the medication, so the pills must be given to you in person by a physician.

Florida abortion law timeline

Date	What happened
June 24, 2022	The U.S. Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health
July 1, 2022	Florida’s 15-week limit took effect under HB 5 (chapter 2022-69)
April 13, 2023	Governor DeSantis signed the six-week law, SB 300 (chapter 2023-21), with a trigger tied to the Florida Supreme Court
April 1, 2024	Florida Supreme Court held the privacy clause does not protect abortion and upheld the 15-week law
May 1, 2024	The six-week ban took effect
November 5, 2024	Amendment 4 got about 57% support but needed 60%, so it failed
May 2025	The Fifth District Court of Appeal declared the maturity and best-interest judicial waivers for minors unconstitutional in Doe v. Uthmeier
March 13, 2026	The 2026 session ended; HB 663 (civil remedies for abortion) died in committee and the fetal wrongful death bill HB 289 passed the House but died in the Senate Rules Committee without a vote

Why Amendment 4 did not change the law

Amendment 4 would have protected abortion before viability in the Florida Constitution. It received about 57% of the vote in November 2024, but Florida requires 60% to pass a constitutional amendment.

The Florida Division of Elections lists no abortion-related amendment for the November 2026 general election, so voters will not decide the question this year.

Myths vs facts about abortion in Florida

Myth	Fact
“Abortion is completely illegal in Florida.”	It is legal up to six weeks, and exceptions apply later.
“Six weeks means six weeks after you conceive.”	Gestational age counts from your last menstrual period, so the window is shorter than it sounds.
“You can order abortion pills online and have them mailed.”	Florida requires in-person dispensing by a physician and bans mailing the medication.
“Amendment 4 passed because most voters said yes.”	It got about 57%, but Florida amendments need 60%.
“A mental health crisis qualifies for the life exception.”	The statute excludes psychological conditions from the health exception.

City and county differences

There are none in the legal rules. Abortion in Florida is governed by state law, so the same six-week limit, 24-hour wait and exceptions apply in Miami-Dade, Broward, Orange, Hillsborough, Duval and every other county.

What does differ is where clinics are located. Available appointments and how far you must travel can vary a lot between a large metro area and a rural county, which matters when the 24-hour wait means most patients make two trips.

How Florida compares with nearby states

State	Abortion limit
Florida	6 weeks, with exceptions for life or health, fatal abnormality, and rape, incest or trafficking up to 15 weeks
Georgia	About 6 weeks, with exceptions, under the state’s 2019 heartbeat law
Alabama	Near-total ban, with an exception for serious health risks to the mother

Rules in neighboring states can change, so check current law before making travel plans.

What to do if you are affected

• Ask the clinic or physician how your gestational age was determined and what documents they need, especially if you plan to use an exception.
• If you are using the rape, incest or trafficking exception, gather your police report, restraining order, medical record or court order before the appointment.
• If you are in a medical emergency, go to the nearest emergency room. Federal emergency-care rules apply to Florida hospitals.
• If you are a minor, talk with a parent or guardian, or a trusted adult, about consent.
• If you are a clinician or someone helping a patient and have legal questions, speak with a Florida-licensed health care attorney first.

For related guides, see our Florida abortion and reproductive rights guides, and follow Florida Legal News for new bills and rulings.

Frequently asked questions

Are abortions legal in Florida?

Yes, up to six weeks of gestational age, counted from the first day of your last menstrual period. After six weeks, abortion is allowed only under the exceptions for the mother’s life or health, fatal fetal abnormality, or rape, incest or human trafficking up to 15 weeks, under Florida Statutes section 390.0111.

Is abortion illegal in Florida?

Not entirely. It is illegal after six weeks, with limited exceptions, but legal before that point. The law mainly penalizes the people who perform the procedure. The ban took effect on May 1, 2024, after a Florida Supreme Court ruling triggered the 2023 law.

Is abortion banned in Florida?

Florida has a six-week ban, not a total ban. Abortion remains legal in the first six weeks and in the exception cases. Voters had a chance to expand access through Amendment 4 in 2024, but it received about 57% and needed 60% to pass.

What is the abortion law in Florida?

The main law is Florida Statutes section 390.0111. It limits abortion to six weeks of gestational age, with exceptions, requires a 24-hour wait after in-person counseling, bans telehealth abortion, and makes it a third-degree felony to willfully perform, or actively take part in, an abortion that breaks the law. Consent and counseling violations carry separate consequences, such as license discipline.

What are the abortion laws in Florida?

They include the six-week limit, exceptions for life, health, fatal abnormality, and rape, incest or trafficking up to 15 weeks, a 24-hour wait, written consent, in-person dispensing of pills, and parental consent for minors under section 390.01114. Providers face felony charges and license discipline for violations.

Are abortions banned in Florida?

Florida bans most abortions after six weeks, but it does not ban them entirely. Abortion is available in the first six weeks and in the exception cases. Neighboring Alabama has a stricter near-total ban, while Georgia has a limit of about six weeks, so rules differ across the region.

Can you get abortion pills in Florida?

Yes, within the six-week limit, but only from a physician in person. Florida bans telehealth abortion and does not allow abortion medication to be sent by mail or courier. You must also complete the state-required counseling and a 24-hour wait first.

If this affects you: for medical decisions, talk to a licensed Florida physician. If you have a legal question, such as a clinician’s exposure under the statute or a minor’s consent issue, a Florida-licensed health care or criminal defense attorney can advise you, and the Florida Bar Lawyer Referral Service can help you find one. Read how we check the law or report an error.