Abortion in Florida is generally illegal[1] after six weeks from the woman's last menstrual period,[2] This law came into effect in May 2024, being approved by Republican Governor Ron DeSantis following its passage in the Florida House of Representatives and the Florida Senate,[3] with only Republican state legislators supporting and only Democratic state legislators opposing. Additionally, pregnant women are generally required to make two visits to a medical facility 24 hours apart to be able to obtain an abortion, in a law approved by Republican Governor Rick Scott in 2015.
The exceptions to the 6 week gestational age (since last menstrual period) abortion ban are as follows: (1) within 15 weeks gestational age, if the woman can give evidence from medical or official documentation that the pregnancy is due to rape, incest, or human trafficking; (2) before the third trimester, if two doctors certify a fatal fetal abnormality; and (3) at any time, with doctor(s)' certification, "to save the pregnant woman's life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition". The exceptions to the 24-hour waiting period require evidence from medical or official documentation that the pregnancy is due to rape, incest, domestic violence or human trafficking.[citation needed]
From 1868 to 1972, abortion law in Florida stated that abortion was illegal unless "necessary to preserve the life of such mother", but the Supreme Court of Florida in 1972 ruled that this law was unconstitutionally vague, leading to its repeal. In 1973, the United States Supreme Court decided Roe v. Wade, enshrining abortion as a constitutional right across the United States, until the United States Supreme Court in 2022 decided during Dobbs v. Jackson Women's Health Organization to overturn Roe v. Wade, returning the power to regulate abortion to the state legislatures.
In 1989, the Supreme Court of Florida ruled that the Constitution of Florida's provision for the "right to be let alone and free from governmental intrusion into his private life" extended to a woman's choice to have an abortion. In April 2024, the Supreme Court of Florida overturned its 1989 decision, instead ruling that the Constitution of Florida does not confer a right to abortion, allowing the 15-week abortion ban to remain in effect. The Court's decision also allowed an embryonic heartbeat ban to take effect 30 days after the ruling.[4] In a simultaneous opinion, the Supreme Court also approved Florida Amendment 4 to proceed to the November 2024 ballot, which would enshrine a constitutional right to abortion before fetal viability, and after viability when necessary to protect the patient's health as determined by their healthcare provider.[5][6] The amendment failed to reach the 60% threshold needed to pass, garnering 57% of the vote.[7]
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