This guide provides an overview of abortion laws in Texas. It also discusses recent developments due to the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization. Because this is a rapidly developing topic, the information here may be subject to change.
A Texas law that prohibits almost all abortions went into effect in 2022.
Texas now has civil and criminal penalties for those who perform an abortion. It is important to note that the person receiving the abortion is rarely at risk for these penalties.
For more details, please see our FAQ Is abortion illegal in Texas?
There is an exception if the life or health of the patient is at risk. The conditions for this exception are outlined in Section 170A.002 of the Texas Health & Safety Code.
There is not an exception for cases of rape or incest.
Texas's laws related to abortion are mostly found in the Texas Health and Safety Code.
For an overview of how Texas's abortion laws developed over time, please see our FAQ on the topic or the History of Abortion Laws page of this guide.
The right to an abortion is not specifically listed in the U.S. Constitution. Because of this, the courts must determine whether it is an "unenumerated," or implied right. As the U.S. Supreme Court is the highest court in the United States, they are the final authority on questions about unenumerated rights.
Courts also have the ability to determine whether a law violates a constitutional right. This is known as "judicial review."
Article VI of the United States Constitution contains a section referred to as the "Supremacy Clause." It reads as follows:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
This is commonly understood to mean that the U.S. Constitution and federal laws overrule state laws. In the wake of the Dobbs decision, the United States government may take steps to protect reproductive care on the federal level. Ultimately, a court will need to decide how these federal protections affect state laws.