Some States Move to Expand Abortion Access as Others Embrace Fetal Rights in 2025

As legislative sessions commence across the nation, the aftermath of the Roe v. Wade decision continues to shape policies regarding reproductive health care and abortion access. With President-elect Donald Trump’s imminent return to the White House in January, states with robust reproductive rights protections are proactively introducing bills aimed at safeguarding patients and healthcare providers against possible federal rollbacks of protections established during President Joe Biden’s administration. Conversely, states with stringent abortion bans are exploring fetal personhood laws and increasing penalties related to abortion medications.

The majority of state legislatures will convene in mid-January, with Arizona’s session scheduled to begin on January 13.

In California, legislative action is underway to fortify abortion pill access and uphold medical privacy through the Reproductive Privacy Act. Several key bills have been introduced. Assembly Bill 40 aims to categorize emergency abortion and reproductive health services as part of emergency care, while Assembly Bill 45 seeks to prevent the release of patients’ abortion-related medical records to other states. Additionally, Assembly Bill 54 intends to protect abortion-pill manufacturers and healthcare professionals from legal repercussions.

Tensions are rising in Texas as state officials intensify efforts to restrict access to abortion medications, often sourced from states with protective laws. The state’s Attorney General has initiated legal action against a doctor for prescribing abortion pills via telemedicine to a Texas resident. Furthermore, newly proposed legislation could classify mifepristone and misoprostol as controlled substances, despite their safety validation by the FDA.

Anti-abortion advocates are framing their campaign around the idea that more legislative measures targeting abortion drugs are necessary to combat coerced abortions. Reports from research groups like the Charlotte Lozier Institute have contributed to this narrative, asserting that a significant portion of abortions stem from coercive circumstances.

Looking forward to 2025, states with existing abortion bans are beginning to propose laws that would explicitly grant rights to fetuses. In Oklahoma, a bill has surfaced that classifies abortions as felonies for healthcare providers, imposing heavy fines and prison sentences. Tennessee is following suit with a proposal that asserts life begins at fertilization and establishes severe legal ramifications for those involved in providing abortion pills.

The 2024 elections highlighted the dissonance in voters’ preferences surrounding abortion access. In several states, including Arizona, voters backed measures to protect abortion rights, despite electing representatives from parties perceived to be anti-abortion. Notably, Arizona’s electorate passed a measure reinstating abortion access, leading advocates to push for the repeal of restrictions currently in place.

A wave of legislative initiatives aimed at enhancing maternal health services is also shaping the legislative landscape. States like Michigan and Virginia are prioritizing maternal care, particularly for marginalized communities. In Michigan, the “Momnibus” package aims to address racial disparities in maternal health outcomes, while Virginia is considering expanding Medicaid and remote monitoring services for high-risk expectant mothers.

In Texas, lawmakers are evaluating a set of proposals targeted at improving maternal care in rural areas, where access to maternity services remains critically limited. New Jersey is also progressing on legislation that would provide paid leave for parents facing reproductive losses.

As states grapple with the evolving landscape of reproductive rights, the upcoming legislative sessions are poised to reflect the ongoing national debate over control and access to reproductive healthcare.