Abortion Rights and Protections in Maine
Abortion will remain legal in Maine. State law includes express protections for abortion and Maine has enacted few restrictions on abortion access.
Restrictions in Effect
Maine law generally prohibits abortion after viability but, as of 2023, abortion care post-viability is allowed when a physician deems it necessary. The state generally requires that a parent, legal guardian, adult family member, or judge consent to a minor’s abortion. However, providers can waive parental consent. Maine requires abortion providers to submit reports to the state. Providers who violate Maine’s abortion restrictions may face civil and criminal penalties.
Summary of Restrictions
The following table summarizes the key restrictions on abortion in Maine:
| Restriction Type | Description |
|---|---|
| Post-Viability Abortion | Generally prohibited, but allowed if physician deems necessary (as of 2023). |
| Parental Involvement | Parental consent required for minors, but can be waived by providers. |
| TRAP Requirements | Providers are subject to reporting requirements. |
State Protections
Maine law includes express statutory protections for abortion and the state claims preemption of all laws regulating abortion rights. The state provides public funding for abortion and requires private insurance coverage of abortion if maternity care is covered and prohibits cost-sharing requirements. While Maine restricts who can provide abortion care, the list of health-care practitioners is broader than simply physicians and includes some advanced practice clinicians (APCs). Maine law protects clinic safety and access by prohibiting interference. In 2022, the state enacted a law protecting clinic safety and access through the establishment of “medical safety zones” around clinic entrances. In April 2024 Maine enacted statutory protections shielding providers, patients, and people who help others access abortion from professional licensure consequences and the reach of out-of-state investigations and legal actions, regardless of the patient’s location. Maine allows anyone sued for providing, accessing, or helping someone access reproductive and gender affirming health care to file their own legal action for tortious interference with protected health care activity and prohibits courts from giving force or effect to foreign judgements in connection with hostile litigation where there is not personal jurisdiction, subject matter jurisdiction or provide due process of law. These protections build on a law enacted in 2023 that prohibits malpractice insurers from taking adverse action against a health care provider.
Post-Roe Prohibitions
Maine repealed its pre-Roe ban in 1979.