Abortion in Florida
Abortion in Florida is currently legal up until a gestational age of 15 weeks, whilst an embryonic heartbeat ban set to take effect on May 1, 2024 restricts abortion after a gestational age of 6 weeks after the woman's last menstrual period. Both pieces of legislation were passed by the Florida House of Representatives and the Florida Senate, then signed into law by Governor Ron DeSantis.
The exceptions to the 6 weeks gestational age ban are as follows: (1) within 15 weeks gestational age, if the woman can give evidence from medical or official documentation that the pregnancy is due to rape, incest, or human trafficking; (2) before the third trimester, if two doctors certify a fatal fetal abnormality; and (3) at any time, with doctor(s)' certification, "to save the pregnant woman's life or avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition".
From 1868 to 1972, abortion law in Florida stated that abortion was illegal unless "necessary to preserve the life of such mother", but the Supreme Court of Florida in 1972 ruled that this law was unconstitutionally vague, leading to its repeal. In 1973, the United States Supreme Court decided Roe v. Wade, enshrining abortion as a constitutional right across the United States, until the United States Supreme Court in 2022 decided during Dobbs v. Jackson Women's Health Organization to overturn Roe v. Wade, returning the power to regulate abortion to the state legislatures.
In 1989, the Supreme Court of Florida ruled that the Constitution of Florida's provision for the "right to be let alone and free from governmental intrusion into his private life" extended to a woman's choice to have an abortion. In April 2024, the Supreme Court of Florida overturned its 1989 decision, instead ruling that the Constitution of Florida does not confer a right to abortion, allowing the 15-week abortion ban to remain in effect. The Court's decision also allowed an embryonic heartbeat ban to take effect 30 days after the ruling. In a simultaneous opinion, the Supreme Court also approved Florida Amendment 4 to proceed to the November 2024 ballot, which would enshrine a constitutional right to abortion before fetal viability, and after viability when necessary to protect the patient's health as determined by their healthcare provider.