Unable to ban abortion outright, anti-choice legislators have sought to place roadblocks in the path of women seeking to exercise their right to choose. One of the most common efforts has been to introduce measures that require a woman to delay a certain number of hours or days after receiving or being offered state-mandated information designed to discourage abortion. The most burdensome laws require women to make two trips to the provider to receive the information in person, rather than permitting the dissemination of information over the phone or through the mail. Mandatory delays and biased information requirements are have been enacted in 30 states, but enforced in only 25.
Currently enforced
(25 states):
Alabama - 24-hour delay
Alaska - No delay
Arkansas - 24-hour delay (requires woman to receive state-directed counseling and the option to view the state-prepared materials, "prior to and in no event on the same day as the abortion")
Georgia - 24-hour delay
Idaho - 24-hour delay
Indiana* - 18-hour delay (currently in litigation)
Kansas - 24-hour delay
Kentucky - 24-hour delay
Louisiana* - 24-hour delay
Michigan - 24-hour delay
Minnesota - 24-hour delay
Mississippi* - 24-hour delay
Missouri - 24-hour delay
Nebraska - 24-hour delay
North Dakota - 24-hour delay
Ohio - 24-hour delay*
Oklahoma -- 24-hour delay
Pennsylvania - 24-hour delay
South Carolina - 1-hour delay
South Dakota - 24-hour delay
Texas - 24-hour delay
Utah* - 24-hour delay
Virginia - 24-hour delay
West Virginia - 24-hour delay
Wisconsin* - 24-hour delay
Enforcement stayed or enjoined by federal court
(2 states):
Delaware - 24-hour delay
Massachusetts - 24-hour delay
Enforcement stayed or enjoined by state court
(3 states):
Florida* - no delay (currently in litigation)
Montana - 24-hour delay
Tennessee - 2-day delay (excluding the day on which information is given and day of procedure).
*Requires woman to receive information in person from a health care provider.
For more information on mandatory delays, see our factsheet Access to Abortion: Mandatory Delay and Biased Information Requirements.