Is Abortion Legal in North Carolina? 12-Week Ban, Exceptions, and Where to Get Care
Abortion is legal in North Carolina through 12 weeks and six days of pregnancy, with specific exceptions allowing procedures beyond this limit for rape, incest (through 20 weeks), life-limiting fetal anomalies (through 24 weeks), and medical emergencies threatening the patient’s life or major bodily function (at any point in pregnancy). This restrictive framework took effect July 1, 2023, under Senate Bill 20, which North Carolina lawmakers passed despite Governor Roy Cooper’s veto.
North Carolina has emerged as the second-largest destination nationwide for out-of-state abortion patients—behind only Illinois—with 36% of the nearly 46,000 abortions provided in 2024 going to people traveling from states with stricter bans. Despite its own gestational ban and burdensome restrictions, North Carolina remains a critical access point for reproductive healthcare in the South.
Is Abortion Legal in North Carolina?
Yes, abortion is legal in North Carolina, but with significant restrictions on gestational age, waiting periods, and access requirements.
Under current North Carolina abortion laws, the procedure is permitted during the first 12 weeks of pregnancy for nearly any reason (abortions based on sex selection, race, or Down syndrome diagnosis are prohibited). After 12 weeks, access becomes severely limited to specific exceptions.
The Tar Heel State’s 12-week gestational limit makes it one of the more restrictive states for abortion access in the region, though far less restrictive than neighboring states like South Carolina (6-week ban) and Tennessee (near-total ban).
What Are North Carolina’s Current Abortion Restrictions?
North Carolina’s abortion restrictions include mandatory waiting periods, parental consent requirements, biased counseling mandates, and strict provider regulations that create substantial barriers to reproductive healthcare access.
Key Abortion Restrictions in North Carolina
72-Hour Mandatory Waiting Period: North Carolina law requires a mandatory delay of 72 hours between a patient’s first appointment for an abortion (whether surgical or medical abortion) and when an abortion procedure is provided. This waiting period forces patients to make two separate in-person visits.
In-Person Counseling Requirement: At an in-person appointment 72 hours prior to an abortion procedure, a physician or qualified person must provide state-mandated counseling, orally informing the patient of biased information including “probable anatomical and physiological characteristics” of the fetus and claimed long-term medical risks.
Parental Consent for Minors: To provide abortion care to an unemancipated minor, a physician must obtain the consent of a custodial parent, legal guardian or custodian, parent with whom the minor is living, or a grandparent with whom the minor has been living for at least six months. Alternatively, minors may seek judicial bypass to waive the parental consent requirement.
Ultrasound Mandate: Before an abortion can be performed, North Carolina law requires an ultrasound examination to determine gestational age and confirm pregnancy viability.
Medication Abortion Restrictions: Following a 2024 federal court ruling in Bryant v. Stein, some medication abortion restrictions were struck down as preempted by FDA regulations. However, North Carolina still requires an in-person appointment followed by the 72-hour mandatory delay before medication abortion pills can be dispensed.
Provider Licensing Requirements: North Carolina imposes targeted regulation of abortion providers (TRAP laws) including facility requirements, licensing standards, and admitting privileges that limit the number of abortion clinics operating in the state.
Recent Changes to North Carolina Abortion Law
North Carolina enacted its twelve-week abortion ban through Senate Bill 20, which took effect on July 1, 2023, after the Republican-controlled legislature overrode Governor Roy Cooper’s veto. This represented a significant restriction from the previous 20-week gestational limit.
Impact of the 12-Week Gestational Ban
In July 2023, the first month after North Carolina’s 12-week ban took effect, there was a 31% decrease from the previous month in the number of abortions documented in the state—dropping from 4,230 in June to 2,920 in July. This sharp decline affected both North Carolina residents and out-of-state patients who had been traveling to the Tar Heel State for abortion care.
“The first month that the new law was in effect was particularly burdensome for clinics as they scrambled to comply with an expanded web of medically unnecessary and onerous restrictions that put more strain on an already limited number of abortion providers in the state,” says Dr. Katherine Farris, Chief Medical Officer for Planned Parenthood South Atlantic.
Proposed Total Abortion Ban (2025)
In April 2025, several North Carolina Republican legislators introduced House Bill 804, titled the “Human Life Protection Act of 2025,” which would prohibit abortion starting at fertilization with exceptions only for situations in which the mother is at risk of death or substantial bodily impairment. Under H.B. 804, performing or receiving an abortion would be a Class B1 felony.
The bill is not expected to move forward in the House due to lack of support from both legislators and the North Carolina general public. Even anti-abortion legislators who voted for the 12-week ban don’t support this total ban. Governor Josh Stein would veto any such measure.
Executive Protections for Reproductive Rights
On January 16, 2025, North Carolina’s new governor issued an executive order that includes protections for cabinet agencies from providing assistance with out-of-state investigations and legal actions arising from provision of reproductive healthcare that is legal in North Carolina, as well as direction to the North Carolina Department of Health to ensure access to medication abortion and contraception.
What Are the Exceptions to North Carolina’s Abortion Ban?
North Carolina abortion law permits procedures beyond the 12-week limit under four specific circumstances: rape or incest (through 20 weeks), life-limiting fetal anomalies (through 24 weeks), and medical emergencies (at any point in pregnancy).
Rape and Incest Exception
In cases of rape or incest, an abortion is allowed through the 20th week of pregnancy. Importantly, North Carolina law does not require that victims report the rape to police before obtaining an abortion. However, if a patient is past 12 weeks, they can only obtain an abortion for rape or incest at a hospital, not at an abortion clinic.
Life-Limiting Fetal Anomaly Exception
When a life-limiting fetal anomaly has been diagnosed, abortion is allowed through the 24th week of pregnancy. However, the law’s “gray areas” around what qualifies as a “life-limiting” anomaly have left some patients unable to access care in North Carolina, forcing them to travel to states like Virginia where abortion access is broader.
In February 2024, a North Carolina patient known as “J” had to travel four hours to Richmond, Virginia, to terminate her pregnancy at 17 weeks due to multiple fetal anomalies. Her doctor was reluctant to sign off on an abortion in North Carolina without an official diagnosis, which was difficult to obtain due to imaging limitations. “We were basically told that they were not hopeful for the pregnancy, but with the political landscape and not having a diagnosis, they were a bit more hesitant to put such a strong label on it,” she said.
Medical Emergency Exception
Abortion is legal during any point in pregnancy if there is a medical emergency that places the woman at risk of death or risk of loss of a major bodily function. Notably, a medical emergency doesn’t include psychological or mental health emergencies under North Carolina abortion law.
Where Can North Carolina Residents Access Abortion Services?
As of 2017, North Carolina had 26 facilities providing abortions (14 of which were freestanding abortion clinics), down from 114 facilities in 1982. The number of abortion providers has continued to decline due to TRAP laws and other regulatory burdens.
In-State Abortion Providers
Planned Parenthood South Atlantic operates multiple health centers across North Carolina providing abortion services, including locations in:
- Charlotte
- Raleigh
- Wilmington
- Asheville
- Greensboro
For appointment assistance, contact Planned Parenthood South Atlantic’s patient navigators at or call to schedule.
Travel Requirements and Logistics
North Carolina law requires that the first visit for abortion counseling be in-person, and only certain types of healthcare providers can complete the required paperwork. After the mandatory 72-hour waiting period, patients must return for the abortion procedure.
Planned Parenthood has negotiated discounted rates at numerous hotels near their health centers which provide abortion care, helping patients who need to stay during the three-day waiting period.
Financial Assistance Resources
Carolina Abortion Fund (CAF): Provides financial aid to people accessing abortions in North and South Carolina, no matter what state they are coming from. CAF directly pledges money to the patient’s abortion clinic and helps connect patients with additional funding for travel, lodging, childcare, and other expenses.
Planned Parenthood Financial Assistance: Many Planned Parenthood health centers offer sliding scale fees based on income and can help patients access abortion funding resources.
Out-of-State Options for North Carolina Residents
In 2023, a total of 1,260 North Carolinians obtained abortions in Virginia—the most frequent out-of-state choice for Tar Heel State residents.
A Woman’s Choice opened a clinic in Danville, Virginia (47 miles from their Greensboro, NC clinic), where care can be delivered in one day up to 20 weeks gestation—bypassing North Carolina’s 72-hour waiting period. “It’s been really beautiful to see that we’ve been able to make warm handoffs from our other clinics to our Virginia clinic for folks that are no longer able to access care in North Carolina,” said Amber Gavin, vice president of advocacy and operations.
How Does North Carolina Compare to Neighboring States?
North Carolina’s position as a southern hub for abortion access demonstrates how the state’s 12-week ban, while restrictive, is far less severe than surrounding states.
Regional Abortion Access Comparison
Virginia: Abortion is legal through the second trimester (approximately 26 weeks) for any reason, with no mandatory waiting period. In 2024, 38,920 abortions were provided by clinicians in Virginia.
South Carolina: South Carolina enforces a six-week abortion ban with limited exceptions. Following the ban’s implementation, an estimated 5,700 South Carolinians traveled to North Carolina for abortion care.
Tennessee: Near-total abortion ban with only narrow exceptions for saving the mother’s life. No rape or incest exceptions.
Georgia: Georgia has banned abortion after about six weeks of pregnancy, forcing Georgia residents to travel to North Carolina and other states for reproductive healthcare.
North Carolina as a Regional Access Point
Of the nearly 46,000 abortions provided by clinicians in North Carolina in 2024, more than one in three (36%)—amounting to 16,660 abortions—were to patients traveling from states where they were no longer able to access care, mostly from South Carolina and Georgia. This proportion has more than doubled since 2020, when about 17% of patients came from out-of-state.
“North Carolina is a critical access state, even with the 12-week ban in effect,” said Jillian Riley, North Carolina Director of Public Affairs for Planned Parenthood South Atlantic. “We are still seeing on average, about 39% of our patients coming from other states.”
Patients travel from as far as Florida, Texas, Alabama, and Kentucky to access abortion services in North Carolina.
Understanding Gestational Age and Pregnancy Dating
Many North Carolina residents seeking abortion care have questions about how pregnancy is dated and what “12 weeks” actually means under the law.
Gestational age is counted from the first day of the last menstrual period (LMP), not from conception, which typically occurs about two weeks later. This means patients have less time than they might expect to access abortion care under North Carolina’s 12-week limit.
For patients who don’t track their periods or can’t recall their last menstrual period, abortion providers use ultrasound to determine how advanced the pregnancy is. The ultrasound measurement determines whether a patient falls within North Carolina’s 12-week gestational limit or qualifies for one of the exceptions.
Frequently Asked Questions
Q: Can I get an abortion in North Carolina right now?
Yes, abortion is legal in North Carolina through 12 weeks and six days of pregnancy for nearly any reason. After 12 weeks, abortion is only available for rape, incest (through 20 weeks), life-limiting fetal anomalies (through 24 weeks), or medical emergencies (at any point).
Q: What is the gestational limit for abortion in North Carolina?
The primary gestational limit is 12 weeks from the first day of your last menstrual period. Extended deadlines of 20 weeks (rape/incest) and 24 weeks (life-limiting fetal anomalies) apply under specific circumstances.
Q: Do I have to wait 72 hours to get an abortion in North Carolina?
Yes, North Carolina law mandates a 72-hour waiting period between your first in-person counseling appointment and when the abortion procedure can be performed. This means you must make at least two separate trips to the abortion provider.
Q: Are there exceptions for rape or health reasons?
Yes, North Carolina abortion law includes exceptions for rape and incest (through 20 weeks), life-limiting fetal anomalies (through 24 weeks), and medical emergencies threatening the patient’s life or major bodily function (at any point in pregnancy). You do not need to report rape to police to access the rape exception.
Q: Do I need parental consent if I’m under 18?
Yes, unemancipated minors must obtain written and notarized consent from a custodial parent, legal guardian, custodian, or a grandparent with whom the minor has been living for at least six months. Alternatively, minors can seek judicial bypass through the North Carolina Superior Court to waive the parental consent requirement.
Q: Can I get medication abortion (abortion pills) in North Carolina?
Yes, but with restrictions. You must have an in-person appointment, wait 72 hours, then return to receive the medication abortion pills. Telemedicine abortion and abortion pills by mail are not currently permitted under North Carolina law.
Q: How much does an abortion cost in North Carolina?
Abortion costs vary by gestational age and provider, typically ranging from $400-$800 for medication abortion and $500-$1,500+ for procedural abortion. Financial assistance is available through the Carolina Abortion Fund and Planned Parenthood sliding scale programs.
Key Takeaways
✅ Abortion is legal in North Carolina through 12 weeks and six days of pregnancy for nearly any reason
✅ Extended exceptions exist for rape/incest (20 weeks), life-limiting fetal anomalies (24 weeks), and medical emergencies (any time)
✅ 72-hour mandatory waiting period requires two separate in-person visits to the abortion provider
✅ North Carolina is the second-largest destination nationwide for out-of-state abortion patients, serving 36% out-of-state residents
✅ Parental consent is required for minors, though judicial bypass is available
✅ Financial assistance resources are available through Carolina Abortion Fund and Planned Parenthood
✅ Virginia offers broader access with no waiting period and 26-week gestational limit for North Carolina residents unable to access care in-state
Related Resources
For more information about family law and reproductive healthcare legal matters:
- Questions to Ask a Divorce Lawyer During Consultation
- Family Law Attorney Payment Plan Options
- What Do Family Lawyers Do on a Daily Basis
Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. North Carolina abortion laws are complex and continue to face legal challenges. Consult an attorney specializing in reproductive law or healthcare law for legal guidance specific to your situation. For the most current information about abortion access in North Carolina, contact Planned Parenthood South Atlantic or visit the North Carolina Department of Health and Human Services website.
Last Updated: October 2025 | Sources: North Carolina General Assembly, Guttmacher Institute, Planned Parenthood South Atlantic, Center for Reproductive Rights, North Carolina Health News, Bryant v. Stein federal court ruling
About the Author
Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah