North Dakota Abortion Laws
What our law protects. Why the court’s close decision matters. What comes next.
Our law protects unborn children
Every unborn child has value. Every mother deserves care and support. That is why we work to protect both mother and child.
North Dakota bans most abortions. The law allows certain exceptions. It also allows treatment for a miscarriage and for dangerous pregnancies described below.
The state Supreme Court allowed this law to take effect again in November 2025. But the court was deeply divided.
Sources: North Dakota’s abortion law; the court’s November 21, 2025 decision.
The law survived. The vote should concern us.
On November 21, 2025, our Supreme Court left North Dakota’s protection for unborn children in place. We are thankful that the law survived.
But this was not a united stand for life. Three of the five members hearing the case would have struck down the law. Only two would have upheld it.
Why did the law survive? North Dakota’s Constitution requires four votes to strike down a state law. Three votes were not enough.
Why this matters for life
It is deeply concerning that our court did not stand together to uphold this protection for unborn children. The outcome shows how much can depend on one vote.
We must keep defending the law, help the public understand it, and support mothers who need help. The work to protect life is far from over.
Why did the members disagree?
Justices Daniel Crothers and Lisa Fair McEvers, joined by District Judge Daniel Narum, said the law’s health exception was too unclear. They believed it did not give doctors fair notice of when an abortion was allowed.
Justice Jerod Tufte and Chief Justice Jon Jensen disagreed. They said the law did not violate the state Constitution.
That is the legal disagreement. Our concern is what the result could have meant: the loss of this law’s protection for unborn children.
Court’s official summary; full opinion, 2025 ND 199, paragraph 1. The statements about why this matters for life express NDRL’s pro-life view.
What does the law allow?
Care to save the mother’s life or prevent serious harm
The law allows an abortion when a doctor reasonably judges that it is needed to prevent the mother’s death or a serious health risk.
For this law, a serious health risk means a physical condition that makes an abortion needed to prevent major harm to an important body function. Emotional or mental health conditions alone do not meet that definition.
Pregnancy caused by certain sex crimes
The law has an exception for rape, incest and certain other sex crimes. It applies when the unborn child’s likely gestational age is six weeks or less.
Miscarriage and other pregnancy treatment
The law does not count these treatments as abortion:
- Removing an unborn child who has already died from a miscarriage.
- Treating an ectopic pregnancy. This is a pregnancy growing outside the womb.
- Treating a molar pregnancy. This is an abnormal growth of pregnancy tissue.
A woman with a medical emergency should seek care right away. She should not delay care to read a website.
Who can be charged?
Performing an abortion outside the law’s exceptions is a serious crime. The law does not apply that penalty to the pregnant woman who has the abortion.
Read the exact legal terms
The penalty is a class C felony. The law defines “reasonable medical judgment” and “serious health risk.” The exact words matter in a medical or legal case.
The sex-crime exception names gross sexual imposition, sexual imposition, sexual abuse of a ward and incest. It is separate from the life and serious-health-risk exception.
How did we get here?
2022: Roe was overturned
In the Dobbs case, the US Supreme Court said the US Constitution does not give a right to abortion. States could again pass laws to protect unborn children. State court challenges could still follow.
2023: North Dakota passed a new law
Our state Supreme Court kept an earlier abortion law on hold. It said women have a state constitutional right to an abortion needed to protect life or health. Lawmakers then passed the law discussed on this page.
2024: A judge blocked the new law
A district court judge ruled against it. The state appealed. The law stayed blocked while the Supreme Court heard the case.
November 2025: The law took effect again
The Supreme Court reversed the lower court’s ruling. The four votes needed to strike down the law were not reached.
Dobbs, June 24, 2022; 2023 North Dakota decision; 2025 North Dakota decision.
What about abortion pills?
Abortion pills are drugs used to end a pregnancy and the unborn child’s life. North Dakota’s abortion ban covers abortion by drugs as well as by a procedure.
A separate state law says abortion drugs must be given by, or in the same room as, the doctor who provided them.
Federal rules are different. The Food and Drug Administration, or FDA, allows certain certified doctors and pharmacies to provide mifepristone without an in-person visit. Mifepristone is one drug used for abortion.
Federal approval does not answer every question about state law. Courts are still being asked to decide how these rules fit together.
Read more about the federal court case
On May 14, 2026, the US Supreme Court put a lower court order on hold. That lower court order would have restricted the FDA’s 2023 changes. Putting an order on hold is not a final decision about who is right.
North Dakota law, § 14-02.1-03.5; FDA’s mifepristone rules; Supreme Court’s May 2026 order.
Why can pills still reach North Dakota?
Some out-of-state providers send abortion pills into states that ban abortion. Some states have passed “shield laws” to protect those providers from action by another state.
These laws are a serious concern for the protection of unborn children. They can make it harder for North Dakota to enforce its laws.
For example, New York limits when it will send a provider to another state to face charges for certain abortion-related acts. Its law can cover a provider in New York even when the patient is elsewhere.
These state conflicts raise hard legal questions. A new North Dakota law must be written carefully so it can work and stand up in court.
New York’s shield-law provision. It includes federal-law limits. See ways lawmakers could respond.
What action has North Dakota taken?
In January 2026, the Attorney General ordered Prairie Abortion Fund to stop certain links and referrals to abortion-pill sellers. The Attorney General alleged violations of consumer-protection law.
An allegation is a claim that must be proved. It is not a court finding against every seller or provider. The sources reviewed here do not establish the final result of any later challenge to that order.
Common questions
Is abortion completely banned, with no exceptions?
No. North Dakota bans most abortions. The exceptions are explained above.
Does the six-week rule apply to the mother’s life or health exception?
No. The six-week limit is part of the sex-crime exception. The life and serious-health-risk exception does not have that six-week limit.
Does the law punish the pregnant woman?
The law’s penalty for performing an abortion does not apply to her.
Did all five members of the court uphold the law?
No. Three would have struck it down. Two would have upheld it. Four votes were needed to strike it down, so the law survived.
Has every legal question been settled?
No. Federal drug rules and conflicts between states still raise legal questions. This page explains the sources reviewed on October 27, 2026. A doctor or attorney should address an individual case.