The supreme court this week overturned Roe v Wade, the 1973 decision that established a constitutional right to abortion. Abortion restrictions of varying severity are now set to sweep across many US states, creating a confusing patchwork of rules and dramatically limiting reproductive care in much of the country.
Clinics will shutter and conservative lawmakers will work to crack down on remaining avenues for abortion care. However, the demise of half-century-old federal protections will not stop people who want abortions from obtaining them. Here, we lay out some of the remaining options for residents of even the most restrictive states.
I am seeking an abortion, but my state just banned the procedure. What do I do?
First, check the latest on your state. Even if lawmakers have promised to ban the procedure, the timeline for implementing bans will differ by state. You can get an update on where your state stands via this tracker from the Guttmacher Institute, an abortion access research organization.
Travel out of state
If your state has banned abortion, one option is to travel to a state that allows it. Some state lawmakers have said they want to criminalize travel across state lines for an abortion, but this hasn’t happened yet.
Abortion Finder has a comprehensive directory of trusted and verified abortion providers in the US. Using your state and the date of last period, it lists the closest clinics where you can still legally obtain an abortion, along with procedures the clinic offers and the relevant laws in that state. Pay attention to the restrictions at your destination – in some states, for example, patients must endure a waiting period between an initial consultation and an abortion.
Make sure the clinic you are planning to travel to actually provides abortions – that may sound obvious, but many “pregnancy crisis centers” appear to be abortion clinics, but don’t actually offer the procedure. That can cause people to lose precious time.
Access financial support
If you need help paying for an abortion, childcare, travel or accommodation, contact your local abortion fund. You can find a list of groups through the National Network of Abortion Funds. Be sure to work out what costs you can cover, if any, before calling.
Obtain abortion pills
Medication abortions are an FDA-approved method of managing an abortion yourself, up to 10 weeks of pregnancy (though the World Health Organization says the pills can be used to self-manage abortion up to 12 weeks). The pills are safe – less dangerous than Tylenol – and effective in 99.6% of cases. In many states, they can be accessed through telehealth. Resources like Plan C list options for accessing abortion pills depending on where you live, and reputable services like Aid Access ship pills from overseas to states where the procedure is restricted. Aid Access will also send you pills to keep on hand even if you’re not pregnant.
Abortion pill providers also offer vital instructions for taking the medication, and what to do in the event of complications. Be careful: scam sites abound. Plan C has tested the pills from the online pharmacies it lists, but notes that they can’t continually attest to their reliability. .
Can I be prosecuted for getting an abortion if my state has banned the procedure?
Self-managed abortion is criminalized in three states – Nevada, Oklahoma and South Carolina – and exists elsewhere in a sort of legal gray zone. Even in the most restrictive states, anti-abortion laws typically target providers and exempt the pregnant person from criminalization. However, experts warn that could change if conservative lawmakers feel emboldened to pass even harsher laws.
The fact that current laws exempt pregnant people, however, does not mean self-managed abortion carries no risks. People in the US have been prosecuted for their pregnancy outcomes, including after accessing abortion pills online, and advocates worry about increased criminalization for self-managed abortion without Roe’s protections. If you’re considering self-managing your abortion, or have questions about legal risks associated with ordering pills online, consult the Repro Legal Helpline at 844-868-2812.
What should I do to protect myself?
Advocates worry that states that ban abortion will use aggressive measures – in particular increased digital surveillance – to investigate people they suspect of having or facilitating abortions. That could mean law enforcement officials accessing troves of digital data, including location information, data from period-tracking apps, web browsing history or text and call records.
There are several ways law enforcement officials can access data that could ultimately serve as evidence. In addition to subpoenaing companies, law enforcement can buy stockpiles of compromising information from data brokers, which are companies that often collect or buy your information directly from the services you use. We have already seen examples of prosecutors using evidence of web searches to criminalize pregnancy loss.
Organizations like the Digital Defense Fund and Electronic Frontier Foundation have resources on things you can do to keep your information private if you’re researching your options or self-managing an abortion. These include using private, encrypted messaging apps like Signal, which is free and very easy to use and doesn’t store your messages on company servers, making it harder for law enforcement to access them.
Unlike Google, which saves all your searches, making them relatively easily accessible to police, DuckDuckGo is an alternative search engine that doesn’t save your data. FireFox Focus is a web browser with more privacy protections than browsers like Chrome. There are plenty more steps you can take to protect your privacy; this overview from the Digital Defense Fund is worth consulting.
What if something goes wrong?
Plan C links to free texting and phone services to call in the event of an emergency, including a hotline for doctors experienced in dealing with abortion who will not ask for any identifying information.
If you are in urgent need of medical care, seek help from a doctor. This resource from Planned Parenthood, or this one from Women on Web, list some of the complications that should prompt you to seek care. Remember that a medical abortion is indistinguishable from an unplanned miscarriage – so if you end up in a hospital for complications, you do not need to tell doctors or any other officials that you have taken pills.
If you have a legal question, call the Repro Legal Helpline at 844-868-2812. They provide free and confidential legal information. The Repro Legal Defense Fund provides bail support and legal fees for anyone arrested for self-managing their abortion. National Advocates for Pregnant Women may also offer pro-bono support for anyone facing criminal charges for self-managed abortion.
