In Florida

After Roe, abortion will still be legal in many circumstances.  Hear from Florida Family Policy Council about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about what abortion law would be in your state after Roe.

After Roe, states will have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!

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Below, we’ve summarized what abortion laws would be in your state after Roe.

The Big Question

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

Even after Roe, Florida will still allow most abortions. The Florida Supreme Court invented an “abortion right” in 1989 in the case In Re T.W., A Minor. Despite this, Florida does have other limitations on abortion. Learn about them below.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

Abortion is illegal after the first two trimesters, with exceptions. (Fla. Stat. § 390.0111(1) (2021)) 

Partial-birth abortions are also banned in Florida. Fla. Stat. § 390.0111(5) (2021), Fla. Stat. Ann. §§ 782.34.

Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes: Third trimester abortions are only allowed in order to save the mother’s life or prevent physical impairment. Two physicians must provide written certification that the procedure is necessary. (Fla. Stat. § 390.0111(1)(a)-(b) (2021))

Partial-birth abortions are permitted as a last resort to save the mother’s life. (Fla. Stat. § 390.0111(5) (2021))

Penalties for performing an illegal abortion

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What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Performing an abortion after the first two trimesters is a third-degree felony, which is punishable by up to 5 years in prison and up to $5,000 in fines. (Fla. Stat. § 390.0111(10)(a) (2021))

If the violation results in the mother’s death, it is a second degree felony (Fla. Stat. § 390.0111(10)(b) (2021))


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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

The unborn child’s father or maternal grandparents (the mother’s parents, if the mother is a minor) may obtain relief for a violation of the partial-birth abortion ban. At this time, Florida law does not grant the unborn child’s mother the right to sue for relief. (Fla. Stat. § 390.0111(11) (2021))

Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

Yes: The physician must preserve the life of the fetus unless this objective is in conflict with preserving the health of the mother. (Fla. Stat. § 390.0111(4) (2021))

Protecting Fundamental Rights


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Does my state give parents the right to consent for their child to get an abortion?

Yes: The written consent of at least one parent is required. In the alternative, without parental consent, a judge must determine that the minor is mature enough to make the decision. A standard of “actual notice” is also required, meaning the parent must be told directly, either in person or over the phone. (Fla. Stat. § 390.01114(4)(a) (2021))

There is an exception in the case of a medical emergency if the physician believes, in good faith, that there is not sufficient time to comply with the notice requirements. (Fla. Stat. § 390.0111(4)(4)(b) (2021))

Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes: No disciplinary or recriminatory action may be brought against an employee who refuses to participate in an abortion. (Fla. Stat. § 390.0111(8)).

Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

Yes: Infants born alive are granted the same rights as any other child born alive. (Fla. Stat. § 390.0111(12) (2021))

Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

Yes. (Fla. Stat. § 390.0111(2) (2021))

Informed consent

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Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

Yes: Written consent by the mother is required. (Fla. Stat. § 390.0111(3) (2021))

Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

Yes: A 24-hour waiting period (Fla. Stat. § 390.0111(3)(a)(1) (2021)). The 24-hour waiting period law has been enjoined (stopped) by a judge and is currently being litigated in state court.

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