In Montana
After Roe, abortion is sometimes legal. Connect with your local family policy council to stay up-to-date on the pro-life movement in your state—now and after Roe. Then, keep reading to find out more about abortion law in your state after Roe.
Connect with Montana Family Foundation
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Montana will still allow most abortions now that Roe is overturned.
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Montana has a constitutional “right to privacy.” Therefore, all of the jurisprudence that has developed since Roe was decided still stands in Montana even after Roe itself was overturned. We must either amend our state Constitution to say that the privacy clause does not apply to abortion or overturn the 1999 Montana Supreme Court’s decision in Armstrong v. State, 989 P.2d 364 (1999), which applied the right to privacy to abortion.
MORE ABOUT YOUR STATE’S ABORTION LAWS
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?
Montana passed the Pain-Capable Unborn Child Protection Act in 2022, protecting children after 20 weeks of pregnancy. Mont. Code Ann. § 50-20-603.
It also passed the Abortion-Inducing Drug Risk Protocol Act, placing significant restrictions on chemical abortions. Mont. Code Ann. § 50-20-706.
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes, to preserve the life and health of the mother in the event of a medical emergency. Mont. Code Ann. § 50-20-603.
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)?
Violations of the Pain-Capable Unborn Child Protection Act are a felony. Mont. Code Ann. § 50-20-604.
Violations of the Abortion-Inducing Drug Risk Protocol Act are a felony and punishable by a fine of up to $50,000 and/or up to 20 years imprisonment. Mont. Code Ann. § 50-20-711.
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The mother or father may sue for violations of the Pain-Capable Unborn Child Protection Act for injunctive relief. Mont. Code Ann. § 50-20-605.
Anyone may sue for violations of the Abortion-Inducing Drug Risk Protocol Act. Mont. Code Ann. § 50-20-712.”
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
Yes. Parental consent from one parent is required for minors; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Mont. Code Ann. § 50-20-504.
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
No.
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
No.
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
No.
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?
Yes, abortions are not permitted without the mother’s informed consent. Mont. Code Ann. § 50-20-106.
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
Yes, a waiting period of 24-hours is required. Mont. Code Ann. § 50-20-106.