In Maryland

After Roe in Maryland, abortion is legal until the unborn child is considered viable.  Keep reading to find out more about state’s post-Roe laws.


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

Maryland allows most abortions after Roe. Abortion is only banned after the child is considered viable. Md. Code Ann., Health-Gen. § 20-209 (Enacted 1991).


What is my state’s next step in the fight for life, now that Roe is overturned?

Maryland has a long way to go to protect life. The pro-life movement will have to work hard to prevent Maryland from becoming an abortion tourism destination. It will need to work on protecting human life at the most basic level. Maryland must enact parental notification for minors seeking abortion, a third-trimester abortion ban, and legislation to protect children who survive an abortion procedure.


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

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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

Abortions are prohibited after the unborn baby is considered viable. Md. Code Ann. Health-Gen. §20-209 (Enacted 1991).

Exceptions to any limitations

Are there any exceptions to those limitations placed on abortion?

Yes, if the abortion is necessary to protect the life or health of the woman, or if the fetus is affected by a genetic defect or serious deformity or abnormality. Md. Code Ann. Health-Gen.  §20-209 (Enacted 1991).

Penalties for performing an illegal abortion

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)?

Maryland has not provided an enforcement mechanism for its post-viability ban.


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

The law provides no cause of action.

Special standards of care

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


Protecting Fundamental Rights


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

Notice to–but not consent from–one parent required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Md. Code Ann., Health-Gen. § 20-103 (Last Amended 1991).

Medical professionals

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


Babies Born Alive

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


Safety & Health of Women

Physician-only requirement

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

Only a physician licensed by the state to practice medicine in the state may provide abortion services. Md. Code Ann., Health-Gen. § 20-207 (Enacted 1970; Last Amended 1982), Md. Code Ann., Health-Gen. §20-208 (Enacted 1991).

Informed consent

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


Waiting period

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



Your state does not (yet!) have a state family policy council working on the issue of life at your state’s capitol. But the need to fight for life in your state is critical!

If you’re interested in helping start a state family policy council in Maryland, please contact us at:

And, be sure to check out the good prolife work being done by our national allies as well and find a way to plug into the #AfterRoe movement!

Stay connected with email updates

Unleash your citizenship! Get news, commentary and alerts delivered right to your inbox.