Abortion Laws in Texas
Abortion is almost entirely banned in Texas, but a handful of different laws and amendments have made the specifics of the ban complex and sometimes confusing.
The short version: Abortion is entirely illegal in Texas, with rare exceptions when the pregnant woman’s life is at risk. When it comes to enforcement, the patchwork of criminal and civil penalties is directed mostly at people who provide illegal abortions — not those who receive them.
There’s some variation in the ways that legal experts and advocates interpret the specifics of Texas’ abortion ban.
From the broad strokes to the details, and taking the various legal interpretations into account, here’s everything you need to know about abortion laws in Texas.
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The Basics of Abortion Laws in Texas
The state’s abortion ban is among the most restrictive in the country.
In 2021, the Texas Legislature passed Senate Bill 8, which banned abortion after about six weeks’ gestation. But Texas lawmakers also put a “trigger ban” in place. In 2022, when the U.S. Supreme Court overturned federal abortion access, that trigger ban went into effect.
Texas law now does not allow abortions at any stage of pregnancy and does not allow any exceptions for rape, incest or fatal fetal anomalies.
The only situations where abortion is legal in Texas are medical emergencies. These are cases where a doctor determines that a woman’s life would be in danger if she didn’t terminate her pregnancy.
FILE – Texas State Sen. Bryan Hughes , R – Mineola, speaks in favor of his anti-abortion Senate Bill 8 in the Senate Chamber at the Capitol on Tuesday, March 30, 2021. (Jay Janner/Austin American-Statesman via AP,File)(Jay Janner / AP)
What Counts as a Medical Emergency?
Doctors have said for years now that Texas’ ban is vague and unclear on what constitutes a medical emergency.
During the 2025 legislative session, Texas lawmakers passed a new bill that aims to clarify the medical exception. Gov. Greg Abbott has not signed that bill into law.
Under that bill, which the authors dubbed the “Life of the Mother Act,” doctors would still only be allowed to provide abortions when the pregnant woman has a life-threatening condition that necessitates an abortion.
Although the originally filed version of the “Life of the Mother Act” appeared to open up some additional scenarios where abortion may have been allowed, the bill was later amended. The language in the amended bill remains complex, but once again requires a pregnant woman to have a “life-threatening physical condition” in order for a doctor to provide an abortion.
The bill specifically says abortion care is permitted in cases of ectopic pregnancies — when the egg has implanted outside of the uterus — and miscarriages. The bill also says doctors do not need to wait until the woman is at death’s door before providing that care.
FILE – Protesters join thousands marching around the Arizona Capitol in Phoenix, protesting the U.S. Supreme Court’s decision to overturn Roe v. Wade, June 24, 2022. (AP Photo/Ross D. Franklin, File)(Ross D. Franklin / AP)
What Happens if a Doctor Breaks the Law?
Penalties for breaking the ban are directed primarily away from the person who received the abortion. The strictest punishments are reserved for those who provide the abortion.
If the fetus dies as a result of an illegal abortion, the medical providers who administered the abortion can be charged with a first-degree felony, which carries a prison sentence between five and 99 years. A person convicted of a felony may also be required to pay a fine.
Additionally, medical providers may be hit with a separate $100,000 penalty for each illegal abortion they provide. They may also lose their medical license.
Texas’ 2021 ban created a pathway for civil lawsuits. The law, which is commonly referred to as the “bounty hunter law,” allows any private citizen to sue anyone who “aids or abets” an illegal abortion. That includes medical providers who provide abortion care that is illegal under the 2021 ban. Those civil lawsuits, if successful, would come with a minimum of $10,000 in damages.
