How far into a pregnancy you can get an abortion depends on two things: the method used and the laws where you live. Medication abortion is approved through 10 weeks of pregnancy. Surgical options extend further, with some states allowing procedures up to 24 weeks or beyond, while others ban abortion at nearly every stage. Most abortions in the U.S. happen early: about 81% occur at 9 weeks or sooner.
How Pregnancy Weeks Are Counted
Before looking at specific cutoffs, it helps to understand how providers count pregnancy weeks, because it’s not intuitive. Gestational age is measured from the first day of your last menstrual period, not from the date you actually conceived. Since ovulation typically happens about two weeks into a cycle, you’re already considered roughly 4 weeks pregnant by the time you miss a period and get a positive test. A pregnancy dated at “10 weeks” started developing closer to 8 weeks ago.
This matters because every legal limit and medical guideline uses gestational age. If a state bans abortion after 6 weeks, that’s only about two weeks after a missed period, which is before many people realize they’re pregnant.
Medication Abortion: Up to 10 Weeks
The FDA has approved the two-drug medication abortion regimen for use through 10 weeks of pregnancy (70 days from the first day of your last period). The process involves taking one pill on the first day, then a second medication 24 to 48 hours later, placed between the cheek and gum. A follow-up visit happens about 7 to 14 days after the first pill to confirm the pregnancy has ended.
This is the most common method for early abortion. Because it works within a specific gestational window, timing matters. If you’re past 10 weeks, your provider will recommend a procedural option instead.
Surgical Abortion: First and Second Trimester
For pregnancies up to about 12 weeks, the standard procedure is vacuum aspiration, sometimes called suction curettage. It’s a brief outpatient procedure, typically completed in under 15 minutes in a clinic setting.
Between 13 and 24 weeks, the procedure used is called dilation and evacuation, or D&E. This is a more involved process that requires the cervix to be gradually opened beforehand, and it’s performed in a clinic or hospital. The further along the pregnancy, the more preparation is needed. In states where later procedures are legal, availability can still be limited because fewer providers are trained to perform them.
When Most Abortions Happen
CDC surveillance data from 2021 shows that the vast majority of abortions occur early in pregnancy. About 93.5% happen at or before 13 weeks. Only 5.7% take place between 14 and 20 weeks, and less than 1% occur at 21 weeks or later.
Several factors push some abortions later. These include difficulty accessing a provider, state-imposed waiting periods, the cost of the procedure, and the time it takes to arrange travel, childcare, or time off work. In some cases, a serious fetal diagnosis or pregnancy complication isn’t discovered until a mid-pregnancy ultrasound, which typically happens around 18 to 20 weeks. Income level and age also play a role: younger patients and those with fewer resources tend to present later in pregnancy.
Legal Limits Vary Widely by State
There is no single national gestational limit for abortion in the United States. Since the Supreme Court’s 2022 Dobbs decision, each state sets its own rules. Some states have no gestational limit. Others ban abortion after 6, 12, 15, or 22 weeks. Several states, including Texas, Alabama, Arkansas, Indiana, Kentucky, Louisiana, Mississippi, and Tennessee, have near-total bans with very narrow exceptions.
Most states with bans include an exception when the pregnant person’s life is in danger. The specific language varies. Idaho’s law, for example, permits abortion only when “necessary to prevent the death of the pregnant woman.” Federal emergency care law takes a broader view, covering conditions that could result in serious harm to bodily functions or organs, including ectopic pregnancy, complications of pregnancy loss, and emergency hypertensive disorders. The gap between state and federal standards has been a source of ongoing legal conflict.
Twelve states require an ultrasound before any abortion can be performed. While ultrasounds are commonly used to confirm gestational age, medical organizations do not consider them necessary before most abortions. In several of these states, the ultrasound requirement exists alongside a total ban, making the mandate effectively moot for most patients.
The Role of Viability
Before Dobbs, the legal framework centered on fetal viability as the key dividing line. Viability still matters in some state laws and in medical practice, though there is no single agreed-upon week that defines it. The American College of Obstetricians and Gynecologists describes weeks 20 through 25 as the “periviable period,” where survival outside the uterus becomes possible but is far from guaranteed.
The numbers tell the story clearly. Deliveries before 23 weeks have only a 5 to 6% survival rate, and nearly all survivors face severe complications. At 23 weeks, survival ranges from 23% to 27%. At 24 weeks, it rises to 42% to 59%. At 25 weeks, 67% to 76% of newborns survive. These figures reflect outcomes with intensive neonatal care, and gestational age is only one factor. Fetal weight, individual development, and access to a high-level neonatal unit all play a role.
How Limits Compare Internationally
Abortion access varies globally, but most high-income countries set gestational limits in the first trimester. France allows abortion on request through 14 weeks of pregnancy, a limit extended from 12 weeks in 2022. Many European countries fall in the 10 to 14 week range for elective procedures, with later access available for medical reasons. The patchwork of U.S. state laws means that some Americans have access comparable to or broader than European norms, while others face restrictions that are among the most prohibitive in the developed world.