Everyone should be able to get the health care they need—without politicians interfering in medical decisions. While the U.S. Supreme Court recently eliminated the federal right to abortion care, Floridians should know they still have a state right to abortion but it is under attack. These resources will help you learn more about your rights in Florida and how to protect them.
On this page:
- People in Florida still have a state constitutional right to abortion.
- Floridians support abortion access.
- 67 percent of Floridians believe abortion should be legal in most or all cases.
- Nationwide, 72% of people agree that the decision about whether to have an abortion should belong solely to the pregnant person.
- Only 12 percent of Floridians want to ban abortion entirely, but Gov. DeSantis and the Legislature continue to push to erode Floridian’s right to abortion carethe Supreme Court could overturn Roe v. Wade any moment. Your voice matters.
- Legal abortion is safe.
- Few abortions occur after the first trimester.
- People from all walks of life get abortions.
- 6 out of 10 Americans know someone who’s had an abortion, which isn’t surprising.
- Nearly one in four U.S. women will have an abortion by age 45.
- More than 60% of abortion patients have a religious affiliation.
- The majority of abortion patients have had at least one previous birth.
- Teenagers make up 7.5% of abortion patients in Florida.
- What is Dobbs v. Jackson Women’s Health and does it have any impact on abortion access in Florida?
The Roe v. Wade Supreme Court decision recognized the constitutional right to abortion in 1973, and affirmed it in following cases. On June 24, 2022, the Supreme Court, in the case Dobbs v. Jackson Women’s Health Organization, overturned Roe v. Wade. The Court held there is no federal constitutional right to abortion. This means that states, and the federal government, may more strictly restrict or even prohibit abortion. Some states have ‘trigger laws’ that were enacted to prohibit or strictly restrict abortion upon this decision. Florida does not. Abortion in Florida is still legal and is currently protected under the Florida Constitution’s express right of privacy, according to state case law.
However, Gov. Ron DeSantis and the Florida Legislature enacted a ban on abortions after 15 weeks gestation this past legislative session that runs afoul of previous Florida court decisions and Floridians’ constitutional right to privacy. We are challenging that law and fighting to preserve the state case law, that much like Roe, is currently under attack. The Dobbs decision makes this all the more important.
- If Roe v. Wade has been overturned, can I still access abortion care in Florida?
Abortion is still legal in Florida. In fact, it is protected by the State Constitution.
However, Gov. Ron DeSantis and the Florida Legislature enacted a ban on abortions after 15 weeks gestation this past legislative session that runs afoul of previous Florida court decisions and Floridians’ constitutional right to privacy. We are challenging that law and fighting to preserve the state case law, that much like Roe, is currently under attack. The Dobbs decision makes this all the more important. Furthermore, anti-abortion politicians in the Florida legislature have already indicated that the 15-week abortion ban “doesn’t go far enough.”
- What does abortion access look like in Florida?
- People in Florida have a state constitutional right to abortion.
- Patients must wait 24 hours and go to two in-person appointments to access care. Mandatory disclosures and an ultrasound are done at the first appointment and the abortion is performed, or abortion medication is provided, at the second.
- The patient must be given state-directed counseling and disclosures at the first appointment, including printed materials of entities offering alternatives to abortion.
- Patients must undergo an ultrasound at the pre-appointment, and must be offered to view the images and have them explained.
- Effective July 1, 2022, abortions are banned after 15 weeks from the patient’s last menstrual period. There are exceptions to save an individual’s life or to prevent serious risk of substantial and irreversible physical impairment of a major bodily function other than psychological conditions or in cases of fatal fetal abnormalities in fetuses that have not yet reached viability.
For the exceptions to apply, two doctors must confirm a fatal fetal abnormality or certify in writing that the abortion is necessary to save the woman’s life or prevent major physical harm.
This law is currently being challenged. A previous law applied the same ban to the third trimester.
- For those younger than 18 years old:
- In 2020, the Florida Legislature passed a law requiring parental notification and consent for most minors to access abortion care.
- Minors must have a parent or guardian sign a specific form, which must be notarized.
- Minors can ask a judge to waive the requirement for parental notification and consent. This is called judicial bypass, and the process can be started at a local courthouse. You can learn more at TeenAbortionFlorida.com.
- For undocumented immigrants
- Undocumented immigrants still have a right to healthcare in Florida, including abortion services.
- Pursuant to the National Detention Standards, Immigration and Customs Enforcement (ICE) has an obligation to provide abortion services to individuals in immigrant detention within two working days if requested.
- For currently incarcerated people
- People in Florida’s jails and prisons still have a right to healthcare, including abortion.
- What are your rights to abortion in Florida?
The Florida Constitution provides greater privacy rights than the U.S. Constitution as it includes an explicit right to privacy:
Right of privacy.—Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.
Article I, Section 24, Fla. Constitution
The Florida Supreme Court has found that the constitutional right to privacy includes the right to decide whether or not to continue a pregnancy. The court has said that until the end of the first trimester, the decision must be left to the woman and may not be significantly restricted by the state. After the first trimester, until the fetus is capable of meaningful life outside of the womb, the state can only regulate based on its interest in maternal health. Once the fetus has reached viability, the state can regulate in the interest of the unborn child if the mother’s health is not in jeopardy.
It is important to note that the Florida Legislature and Governor are pushing to restrict these rights. In 2022, they passed a law banning abortion after 15 weeks, but we are currently challenging this law.
- Where can I get an abortion in Florida?
Abortion is still legal in Florida today. If you’re looking for abortion care, visit INeedAnA.com. There you can find information on local clinics and local abortion funds.
- Do I have to pay for an abortion out of pocket?
Some insurance carriers cover abortion. Call your insurance company to ask if abortion is a covered benefit, and ask for an in-network clinic. You can often find their phone number on the back of your insurance card.
Medicaid will not cover your abortion in Florida, except in cases of rape, incest and life endangerment. However, many clinics offer discounts for people who are enrolled in Medicaid.
- What if I need financial assistance for an abortion, or would like to make a donation to support abortion access in Florida?
If you need help getting an abortion, visit floridareprofreedom.org/abortionislegalinflorida. There you will find a lists of local abortion providers, abortion funds, and the procedure to apply for any available assistance.
Abortion funds are independent, grassroots organizations that help by funding procedures, abortion pills, transportation and lodging when travel is required, childcare, doula and emotional support, or other needs voiced by people seeking abortions, funds are finding innovative and compassionate ways to get people the abortions they want and need.
Abortion funds are the experts in overcoming obstacles people face when getting their abortions. You can donate to abortion funds at abortionfunds.org.
- What is a judicial bypass?
In 2020, the Florida Legislature passed a law requiring parental notification and consent for most minors to access abortion care. Judicial bypass is an option for those under 18 years old to access abortion without their parent's involvement. Minors can ask a judge to waive the requirement for parental notification and consent. The process can be started at a local courthouse. You can learn more at TeenAbortionFlorida.com and https://floridareprofreedom.org/judicialbypass/
- What’s next for abortion access in Florida?
Gov. Ron DeSantis and the Florida Legislature enacted a ban on abortions after 15 weeks gestation this past legislative session that runs afoul of previous Florida court decisions and Floridians’ constitutional right to privacy. We are challenging that law and fighting to preserve the state case law, that much like Roe, is currently under attack. The Dobbs decision makes this all the more important. Furthermore, anti-abortion politicians in the Florida legislature have already indicated that the 15-week abortion ban “doesn’t go far enough.”
- If Roe v. Wade is overturned, will I still be able to access my birth control, emergency contraception, or medical abortion pills?
Abortion is still legal in Florida, and it’s up to us to empower the institutions that protect abortion access. Here are some ways you can help:
- Support Abortion Funds and Clinic
- Commit to being a defender of abortion rights
- Take Action: End Forced Pregnancy
- Vote for Civil-Liberties and Reproductive Freedom at the Ballot Box
- Speak out about protecting abortion access
- Share your abortion story
- Check our work
It’s important to support the work of the people who are protecting and expanding access to abortion care every day. Across Florida, several abortion funds are in need of donations to continue to provide care for people who are pregnant.
Some states are already considering laws that prohibit residents from traveling out of state for abortion care; other states are seeking to impose criminal, civil, and administrative liability on patients, providers, and those coordinating care. As anti-abortion states threaten to force pregnancy within their borders and chill access beyond their borders, Florida must protect providers, patients, and helpers.
We can't rely on other states to protect our providers; Florida must do what we can to strengthen legal protections for abortion providers in our state. Protecting our providers also means equipping them with the tools to increase capacity and meet patient demand.
Increase research and education efforts
With nearly half of U.S. states set to ban or restrict abortion now that Roe is overturned, our country will face an unprecedented health care crisis. In order to respond comprehensively and effectively, we need to understand the size and scope of the problem we are facing.
We must also ensure that pregnant people in Florida have clear, comprehensive, and up-to-date information on where to access legitimate reproductive health care. Crisis pregnancy centers, or CPCs, pose as legitimate health care facilities, but in fact are unlicensed centers that do not provide abortion care and have an anti-abortion agenda. They often pop up near legitimate clinics to deceive pregnant people seeking to access real abortion care.
This is the moment to launch a massive research and education effort in Florida and ensure our state has the resources to respond to existing and growing health care needs.
Policies that force people to remain pregnant and give birth are unconscionable, cruel, and dangerous.
Laws that prevent people from making their own decisions about whether to continue a pregnancy or have an abortion amount to forced pregnancy. Outright abortion bans aren’t the only way to force a pregnancy — even before this decision, laws were pushing abortion out of reach across the country. Long-term consequences include:
- Long-lasting health consequences as well as life-threatening complications like eclampsia (which can lead to seizures or comas) and postpartum hemorrhage
- Increased levels of poverty for people turned away from the abortion care they need and an inability to cover basic needs like food, housing, and transportation
- Ongoing contact with and violence from an abusive partner
The only way we can guarantee that abortion care is protected in Florida and across the nation is by making sure we elect leaders who prioritize our health, constitutional rights, and access to abortion.
If you or anyone you know is not not yet registered to vote, visit https://registertovoteflorida.gov/home
Not only is it crucial that people still know abortion is legal, we must also keep the conversation about protecting abortion access going within our own networks. By speaking up, we can raise awareness about donating to abortion funds, voting to protect reproductive health rights in upcoming elections and demanding that our current elected officials support abortion access and the right for us to determine our own futures.
Your story is important. And we want to uplight the voices of those who have had abortions. Share your story to make loud and clear why abortion access is a right that must be protected.
There’s a lot of misleading information out there about abortion. Some of it uses citations, but cherry pick, misconstrue, or twist the meaning. We aren’t doing that here. Below are the facts we relied on for this guide, where we got them, and links to see them for yourself. Check it out.