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Montana
Legal Status at a Glance
Abortion is LEGAL UNTIL FETAL VIABILITY in Montana, generally defined as approximately 24–24 weeks of pregnancy. After viability, abortion may be permitted to protect the life or health of the pregnant person.
Gestational Limit & Procedures
The gestational limit in Montana is 24 weeks of pregnancy (measured from the last menstrual period, unless otherwise specified). Procedures must be initiated before this limit is reached.
Legal Exceptions to Any Restrictions
CI-128 (Nov 2024) established a constitutional right to abortion until viability (~24 weeks). After viability, exceptions for life and health of the pregnant person.
Medication Abortion Access
Medication abortion (mifepristone + misoprostol) is available in Montana through licensed pharmacies under a prescription, in addition to clinic-based dispensing. Telehealth abortion services are available within the state's gestational limits.
Recent Legal Changes
Constitutional Initiative 128 passed in November 2024, enshrining abortion rights in the Montana Constitution until fetal viability. This supersedes previous state legislative restrictions.
Official State Source
For the most current abortion laws in Montana, consult the official source at https://dphhs.mt.gov/. Given the rapid pace of legal changes, always verify current law with your healthcare provider or a licensed attorney before making decisions.
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This information is for educational and informational purposes only and is not legal or medical advice. Abortion laws are rapidly changing due to court decisions and legislation. Always verify current laws with your healthcare provider or a licensed attorney. Laws and enforcement may differ from what is written in statute.