Understanding Ohio’s Abortion Law: What’s Legal in 2025

Since the passage of a constitutional amendment in November 2023, Ohio has solidified abortion protections, reversing earlier restrictive measures.

Abortion is now legal through fetal viability, but several previously enacted statutes remain in legal limbo. Here’s a detailed look at what’s currently legal in Ohio in 2025.

Abortion Access Under Ohio Law

• Ohio’s constitution now guarantees the right to reproductive care, including abortion, up to the point of fetal viability—typically around 24 to 26 weeks of pregnancy.
• Previous laws banning abortion after detection of embryonic cardiac activity (around six weeks) are no longer enforceable.
• Abortions beyond the point of viability are permitted only if a physician determines it is necessary to protect the patient’s life or health.

Consent and Required Procedures

• Individuals under 18 must obtain written parental consent before undergoing an abortion.
• A 24-hour waiting period is mandatory, requiring in-person counseling and consent documentation before the procedure can be performed.

Provider Rules and Legal Status

• Although the constitutional amendment overrides many restrictions, not all prior abortion laws have been automatically repealed. Many are under review in court.
• Legal challenges are ongoing against restrictions on telehealth abortion access, mandatory waiting periods, and requirements for burial or cremation of fetal remains.

Proposed Total Ban in 2025

• A bill introduced in 2025—known as the Ohio Prenatal Equal Protection Act (H.B. 370)—seeks to ban abortion entirely, including in cases related to IVF and contraception.
• If enacted, this law would criminalize abortion and possibly override the constitutional amendment, allowing for homicide charges against those involved in performing abortions.

Abortion Access Trends

• Following the rollback of restrictions, the number of clinician-performed abortions in Ohio increased by approximately 13% in 2024, with nearly 30,000 procedures recorded. This reflects broader access under the new legal protections.

Final Thoughts

Abortion is legally protected in Ohio through fetal viability due to the 2023 constitutional amendment. However, older laws and newly proposed legislation continue to pose challenges.

While courts have blocked or are reviewing many of the previous restrictions, the debate over reproductive rights remains highly active in Ohio.

Stay informed, as these legal interpretations may continue to evolve throughout 2025.

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