How far into pregnancy you can get an abortion depends on two things: what’s medically possible and what’s legally allowed where you live. Medically, abortion is available up to 24 weeks or sometimes later. Legally, 41 states currently have bans that restrict access at various points in pregnancy, with cutoffs ranging from around 6 weeks to viability (roughly 24 to 26 weeks). The type of procedure also changes as pregnancy progresses.
Before breaking down the specifics, it helps to understand how pregnancy weeks are counted. Gestational age starts from the first day of your last menstrual period, not the date of conception. That means by the time you miss a period and get a positive pregnancy test, you’re typically already considered at least 4 weeks pregnant. This counting method is what doctors, lawmakers, and clinics all use, so every week limit referenced below follows the same standard.
Medication Abortion: Up to 10 or 12 Weeks
Medication abortion uses two pills taken in sequence to end a pregnancy without surgery. The FDA has approved this regimen for use through 10 weeks of gestation (70 days from the first day of your last period). Some clinics and providers use medication abortion up to 12 weeks (84 days), based on clinical evidence supporting its safety and effectiveness at that slightly later point.
This is the most common method for early abortion. You may take the first pill at a clinic or at home (depending on your state’s rules), then take the second pill 24 to 48 hours later. The process causes cramping and bleeding similar to a heavy period, and it typically resolves within a day or two.
Surgical Abortion: First and Second Trimester
If you’re past the window for medication abortion, or if you prefer a procedural option, surgical methods are available. The type depends on how far along the pregnancy is.
In the first trimester (up to about 12 weeks), the standard procedure is suction aspiration, sometimes called vacuum aspiration. It’s a brief outpatient procedure that takes only a few minutes.
From 13 weeks through 24 weeks, the procedure is called dilation and evacuation, or D&E. This is a more involved process. At UCSF Health, for example, the procedure itself takes 15 to 45 minutes, with about an hour total in the operating room. Including pre-operative preparation and a two-hour recovery period afterward, the full hospital visit takes about five hours. Most people can return to normal activities like work or school the next day.
Finding a provider for a second-trimester procedure can be difficult. Most abortions happen early in pregnancy, and it can be hard in some areas to find a clinic that performs abortions after around 12 weeks.
Legal Limits Vary Widely by State
As of 2026, 41 states have some form of abortion ban in effect, each with different gestational cutoffs and exceptions. Some states ban abortion as early as roughly 6 weeks (before many people even know they’re pregnant). Others set the limit at 12 weeks, 15 weeks, or at viability, which is generally defined as the point a fetus could survive outside the uterus, typically between 24 and 26 weeks. A smaller number of states have no gestational limit or allow abortion after viability when a physician deems it necessary, as in Maine.
The practical impact of these laws is significant. If your state has a 6-week ban, the window between a positive pregnancy test and the legal cutoff may be just a couple of weeks. If your state allows abortion through 24 weeks, you have more time, though finding a provider later in the second trimester still presents logistical challenges.
Exceptions for Health and Fetal Anomalies
Most state bans include at least some exceptions, but they vary considerably. All 41 states with bans allow exceptions when the pregnant person’s life is at risk. Beyond that, the picture gets more uneven.
- General health exceptions (including mental and emotional health): 13 states. Alabama is currently the only state with an active ban that specifically includes mental health within its broader health exception.
- Physical health exceptions: 22 states.
- Rape exceptions: 9 states.
- Incest exceptions: 8 states.
- Lethal fetal anomaly exceptions: 13 states. This applies when a fetus has a condition likely to be fatal before or shortly after birth.
That means 5 states have no health exception at all beyond a life-threatening emergency, 9 states have no exception for rape or incest, and 12 states have no exception for fatal fetal anomalies. In states with these exceptions, the specific requirements also differ. Iowa, for instance, requires sexual assault survivors to report the incident to law enforcement or a health agency within 45 days to qualify for the rape exception.
Later Abortions: Rare but Sometimes Necessary
Abortions after 24 weeks are uncommon and are almost always tied to serious medical circumstances, such as severe fetal anomalies diagnosed late in pregnancy or conditions that threaten the pregnant person’s health or life. Only a small number of clinics in the country perform these procedures, and the legal landscape restricts them in most states.
Many serious fetal conditions aren’t detectable until the anatomy scan, which typically happens around 18 to 20 weeks. If results are abnormal and require follow-up testing, the diagnosis may not be confirmed until well into the second trimester. In states with earlier cutoffs and no fetal anomaly exception, people in this situation may need to travel out of state for care.
Practical Timing Considerations
Because gestational age is counted from your last period rather than from conception, the clock starts before you’re actually pregnant. If your cycles are irregular, you may not realize you’ve missed a period right away, which can push you further along before you even test. Early pregnancy symptoms like nausea and fatigue often don’t appear until 6 to 8 weeks, by which point some state deadlines have already passed.
If you’re considering an abortion, the single most important factor is knowing the specific law in your state and how many weeks you are. Your state’s cutoff determines which options are available. A clinic or provider can confirm your gestational age with an ultrasound, which is more precise than counting from your last period if your cycles are irregular. The earlier you start the process, the more options you’ll have in terms of both method and access to providers.