Is Abortion Legal in Texas? 2026 Laws, Exceptions and Penalties

Last verified October 24, 2026 against current Texas law

Is abortion legal in Texas? For nearly everyone, no. Texas bans abortion at every stage of pregnancy and allows one narrow medical exception, and a second law lets private citizens sue anyone who helps with a banned abortion. The penalties fall on the people who provide abortions, not on the patient. This page explains what the law says today, who can be punished, what counts as an exception, and what changed with the abortion pill law that took effect in December 2025.

Is abortion legal in Texas?	Banned at all stages, with a narrow medical exception
Who gets punished	Doctors and anyone who performs or induces an abortion. The pregnant patient is shielded by Health and Safety Code § 170A.003
Exception for rape or incest	None
Criminal penalty for a provider	Second-degree felony, or first-degree felony if an unborn child dies
Civil penalty	At least $100,000 per violation, collected by the attorney general
Main laws	Health and Safety Code ch. 170A, Health and Safety Code ch. 171, subch. H, Health and Safety Code ch. 171A
Newest change	House Bill 7 (2025) on abortion pills, effective December 4, 2025

Is abortion legal in Texas in 2026?

No, with one exception. Abortion is still banned in Texas in 2026, and no bill passed in 2026 changed that, because the Legislature did not hold a regular session this year. The ban comes from the 2021 “trigger law,” House Bill 1280, which took effect on August 25, 2022, after the U.S. Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization on June 24, 2022.

The trigger law is now Chapter 170A of the Health and Safety Code. It says a person may not knowingly perform, induce or attempt an abortion, and it lists only one exception, which is explained below. The next regular legislative session starts in January 2027.

Is abortion banned in Texas, or only after six weeks?

It is banned at all stages. Many people still say “six weeks” because of an older law, Senate Bill 8, also called the Texas Heartbeat Act, which took effect on September 1, 2021. That law is still on the books, and Texas now has two overlapping systems.

• The criminal ban (Chapter 170A): Prosecutors and the attorney general enforce it. It applies at any point in a pregnancy.
• The Heartbeat Act (Chapter 171, Subchapter H): Only private citizens can enforce it, by filing civil lawsuits. It bars an abortion once a fetal heartbeat can be detected, which can be around six weeks, and lets any person who is not a government employee sue anyone who performs or helps with a prohibited abortion.

Under Health and Safety Code § 171.208, a winning plaintiff gets at least $10,000 for each prohibited abortion, plus court costs and attorney’s fees, and can file within four years. A person who impregnated the patient through rape, sexual assault, incest or another act prohibited by Penal Code §§ 22.011, 22.021 or 25.02 cannot bring that kind of lawsuit.

What are the abortion laws in Texas and their penalties?

Texas stacks criminal, civil and licensing penalties on the people who provide or help provide a banned abortion. The table shows who can be punished and how.

Law	Who it targets	Penalty
Health and Safety Code § 170A.004	Anyone who performs, induces or attempts a banned abortion	Second-degree felony (2 to 20 years in prison). First-degree felony (5 to 99 years or life) if an unborn child dies as a result
Health and Safety Code § 170A.005	Anyone who violates the ban	Civil penalty of at least $100,000 per violation, sued for by the attorney general
Health and Safety Code § 170A.007	Licensed health care workers	State licensing boards must revoke the license or permit of a professional who performs a banned abortion
Health and Safety Code § 171.208	Anyone who performs, aids or abets a banned abortion	At least $10,000 per abortion in a private lawsuit, plus costs and fees
Health and Safety Code §§ 171A.051, 171A.101 and 171A.104	Anyone who makes, mails or provides abortion drugs to or from Texas, subject to the law’s exclusions	At least $100,000 per violation in a private lawsuit, plus an injunction, costs and fees
Health and Safety Code § 170A.003	The pregnant patient	No criminal, civil or administrative penalty under Chapter 170A

The prison ranges come from the Penal Code’s sentencing sections, Penal Code §§ 12.32 and 12.33. Fines in felony cases can reach $10,000 on top of any prison term.

What are the exceptions to the Texas abortion ban?

There is one exception, and it is medical. Under Health and Safety Code § 170A.002, the ban does not apply when a licensed physician, using reasonable medical judgment, finds that the pregnant patient has a life-threatening physical condition caused by, worsened by or arising from the pregnancy. The condition must put her at risk of death or pose a serious risk of substantial impairment of a major bodily function.

Senate Bill 31, the Life of the Mother Act, signed on June 20, 2025, made that exception easier to use. It defines “life-threatening” as capable of causing death or potentially fatal, and it lets a doctor act before the patient suffers the effects of the condition. The risk does not have to be imminent, and the patient does not have to be actively injured first.

The same law spells out three more points that matter in an emergency room:

• SB 31 says reasonable medical judgment includes removing an ectopic pregnancy, where the pregnancy implants outside the uterus or in an abnormal location that makes it non-viable.
• It also includes removing an unborn child who has already died from a miscarriage.
• The Texas Medical Board may not discipline a physician who used reasonable medical judgment to treat a pregnant patient under the exception.

The doctor must still choose the method that, in reasonable medical judgment, gives the unborn child the best chance to survive, unless that method would create a greater risk of the patient’s death or serious impairment. SB 31 also requires physicians who provide obstetric care to complete a one-hour course on these laws before they get or renew a license after January 1, 2026. It is a one-time requirement.

The Texas Supreme Court explained the exception in State v. Zurawski on May 31, 2024. It ruled that the exception depends on the doctor’s reasonable medical judgment, and it refused to add an exception for fetal conditions that will not allow a baby to survive after birth.

Is there an exception for rape, incest or fetal anomalies?

No. Texas has no exception for pregnancies caused by rape or incest, and none for a fetal diagnosis unless the patient’s own life or major bodily function is at serious risk. SB 31 did not address those situations, and nothing else passed in 2025 added them.

The Heartbeat Act does contain one rule tied to these crimes. Someone who impregnated the patient through rape, sexual assault, aggravated sexual assault or incest is barred from suing under Health and Safety Code § 171.208. It limits who can sue and does not make the abortion legal.

Is it illegal to get an abortion in Texas?

Not for the patient. Health and Safety Code § 170A.003 says Chapter 170A may not be read to authorize criminal, civil or administrative penalties against a pregnant woman who has an abortion. The Penal Code’s homicide chapter also excludes conduct by the pregnant woman herself, under Penal Code § 19.06.

The law instead targets the people who provide the care. A doctor or clinic worker who performs a banned abortion in Texas can be charged with a felony, sued by the attorney general, and lose a license. Under the Heartbeat Act, a person who pays for an abortion or otherwise knowingly helps with one can also be sued by a private citizen.

What is the new abortion law in Texas?

The newest law is House Bill 7, the Woman and Child Protection Act. Gov. Greg Abbott signed it on September 17, 2025, and it took effect on December 4, 2025. It added Chapter 171A to the Health and Safety Code and focuses on abortion pills ordered online or sent by mail.

Under Health and Safety Code § 171A.051, a person may not manufacture or distribute an abortion-inducing drug in Texas, or mail, transport, deliver, prescribe or provide one to or from any person or location in Texas. Only private citizens can enforce it, through lawsuits called qui tam actions. The state and its officials cannot file them.

Here is what a winning lawsuit looks like under HB 7:

• The court must order at least $100,000 for each violation, plus an injunction, court costs and attorney’s fees.
• If the person who sues is the pregnant woman or the father, a sibling or a grandparent of the unborn child, that person keeps the full amount. Any other plaintiff keeps $10,000 and holds the rest in trust for a charity.
• A suit can be filed up to six years after the violation.
• Texas courts claim jurisdiction over out-of-state sellers to the full extent the U.S. Constitution allows.

The law shields several groups. A pregnant woman cannot be sued for ordering or taking the pills, and the law excludes speech or conduct protected by the First Amendment. Hospitals, Texas physicians and other Texas health care providers are generally excluded under Health and Safety Code § 171A.002, but a physician or provider who acted while located outside Texas, such as a telehealth prescriber in another state, can be sued under Health and Safety Code § 171A.101.

Are abortion pills legal in Texas?

No, not as an abortion method. Prescribing or providing pills to cause an abortion in Texas falls under the same felony ban as a surgical abortion, and HB 7 adds civil liability for anyone who makes, mails or provides the drugs to or from Texas. The law excludes drugs used solely to treat a medical emergency, an ectopic pregnancy or a miscarriage.

Timeline: how Texas got here

Date	What happened
September 1, 2021	Senate Bill 8, the Texas Heartbeat Act, took effect and created private lawsuits over abortions
June 24, 2022	The U.S. Supreme Court decided Dobbs and overturned Roe v. Wade
August 25, 2022	The Texas trigger law (House Bill 1280) took effect, banning abortion with a medical exception
May 31, 2024	The Texas Supreme Court decided State v. Zurawski on the medical exception
February 2025	A Collin County judge ordered a New York doctor to stop providing pills to Texans and pay a $100,000 civil penalty in a default judgment
June 20, 2025	Gov. Abbott signed Senate Bill 31, the Life of the Mother Act
December 4, 2025	House Bill 7 took effect, creating lawsuits over abortion drugs
February 2026	A Galveston County man’s existing suit against a California doctor was amended to cite HB 7, the first court filing to invoke the law. Later that month Attorney General Ken Paxton sued Aid Access and two doctors in a separate Galveston County case
October 2026	A Texas woman sued anti-abortion activists in Harris County under HB 7. No court has ruled yet

Real situations: how the Texas abortion law applies

You have an ectopic pregnancy in a Houston emergency room

Treatment is allowed. SB 31 says reasonable medical judgment includes removing an ectopic pregnancy.

You are miscarrying and tissue remains

Removing an unborn child who has already died from a miscarriage is covered by the same clarification. If there is still a heartbeat and your life is at risk, the doctor decides whether the life-threatening exception applies, and SB 31 says the risk does not need to be imminent.

You order pills online from a Lubbock apartment

You are not the target. Chapter 170A shields the pregnant woman, and HB 7 bars suits against a woman for obtaining the drugs. The seller, the shipper or the prescriber is who the law reaches.

Is abortion legal in Austin, Dallas or Houston?

No. The state ban applies in every Texas city and county, and no city can make abortion legal inside its limits. Local governments also cannot use public money to help. Senate Bill 33, effective September 1, 2025, bars Texas governmental entities from financially or logistically supporting abortions, including through contracts with abortion providers or groups that help people get abortions.

Myths vs. facts about the Texas abortion law

Myth	Fact
“Texas only bans abortion after six weeks.”	The criminal ban covers all stages. Six weeks comes from the older Heartbeat Act, which still allows private lawsuits.
“Women can be arrested for having an abortion in Texas.”	Chapter 170A shields the pregnant woman. Providers are who face felony charges.
“The attorney general enforces HB 7.”	The law says it can be enforced only through private lawsuits. The state cannot sue under HB 7 itself or work with a plaintiff, although Paxton has sued out-of-state providers under other Texas laws.

Texas abortion law compared with neighboring states

State	Abortion status	Rape or incest exception
Texas	Banned at all stages, with a medical exception	No
Oklahoma	Banned at all stages, with a life exception	No
Louisiana	Banned at all stages, with medical exceptions	No
Arkansas	Banned at all stages, with a life exception	No
New Mexico	Legal, with no gestational limit	Not needed

New Mexico is the closest state where abortion is legal without a ban. It is the nearest option for many West Texans.

Will the Texas abortion law change?

Possibly in 2027. The next regular legislative session begins in January 2027, and lawmakers can file new bills on exceptions, abortion drugs and enforcement then.

The courts are active. The HB 7 lawsuits filed in 2026 are still at an early stage. In a separate case, a New York state judge ruled in October 2025 that an Ulster County clerk could lawfully refuse to file the Collin County judgment against a New York doctor. Texas appealed, and the appeal was still pending in the latest reports we found. Watch our abortion and reproductive rights guides and our Texas legal news page for updates.

Frequently asked questions

Is abortion legal in Texas right now?

No, except in a medical emergency. As of October 2026, Texas bans abortion at all stages unless a licensed physician, using reasonable medical judgment, treats a life-threatening physical condition caused or worsened by the pregnancy. The ban is in Health and Safety Code § 170A.002. There is no exception for rape, incest or fetal anomalies.

Is abortion illegal in Texas for the patient?

No. Health and Safety Code § 170A.003 bars criminal, civil and administrative penalties against a pregnant woman under the trigger law, and HB 7 does not allow lawsuits against her for obtaining abortion drugs. The penalties fall on the people who perform, induce or help with the abortion, such as doctors and drug sellers.

What is the penalty for performing an abortion in Texas?

A banned abortion is a second-degree felony, punishable by 2 to 20 years in prison, and a first-degree felony if an unborn child dies as a result. The attorney general can also seek a civil penalty of at least $100,000 per violation, and the provider can lose a state license under Health and Safety Code § 170A.007.

Does Texas have an exception for rape or incest?

No. The only exception is a life-threatening physical condition caused or worsened by pregnancy. A person who impregnated the patient through rape, sexual assault or incest cannot sue under the Heartbeat Act, but that rule does not make the abortion legal. A victim may wish to speak with a Texas attorney or a victim advocate about her options.

Can I be sued for helping someone get an abortion in Texas?

Yes, possibly. Health and Safety Code § 171.208 lets any person who is not a government employee sue anyone who performs, aids or abets a prohibited abortion, including by paying for it. A winning plaintiff gets at least $10,000 per abortion plus fees. A defendant can raise a defense if they reasonably believed the law was being followed.

Are abortion pills legal in Texas?

Not for abortion. Providing pills to cause an abortion is covered by the ban, and HB 7, effective December 4, 2025, lets private plaintiffs sue anyone who makes, mails or provides abortion drugs to or from Texas for at least $100,000 per violation. The woman who takes them is protected from suit.

Is treatment for a miscarriage or ectopic pregnancy legal in Texas?

Yes. Senate Bill 31, signed June 20, 2025, says reasonable medical judgment includes removing an ectopic pregnancy and removing an unborn child who has already died from a spontaneous abortion. Doctors treating those conditions are acting within the law, and the Texas Medical Board cannot discipline a physician who acted within the exception.

If this affects you: if you are pregnant and facing a medical emergency, go to the nearest emergency room and tell the care team about your symptoms. If you are a health care worker or someone who helped another person, speak with a Texas-licensed attorney before answering questions from investigators. This guide is general legal information, not advice for your situation. Read how we research every guide in our editorial policy, or report an error.