Short answer
Texas bans nearly all abortions but allows a licensed physician to perform one when, in reasonable medical judgment, the patient has a life-threatening physical condition from the pregnancy that risks death or substantial impairment of a major bodily function [1][6]. A 2025 law, Senate Bill 31, clarified that the risk need not be imminent [6][7].
The ban and its penalties
Texas's near-total abortion ban, House Bill 1280 of 2021, took effect Aug. 25, 2022, after the U.S. Supreme Court overturned Roe v. Wade in June 2022 [1][4]. It provides that a person may not knowingly perform, induce or attempt an abortion unless an exception applies [1].
A violation is a second-degree felony, or a first-degree felony if an unborn child dies as a result [2]. Violators are also subject to a civil penalty of at least $100,000 per violation, which the attorney general must seek [3], and can lose their licenses [4]. A separate 2021 law, Senate Bill 8, lets private individuals sue for at least $10,000 over abortions after cardiac activity is detected [4]. The ban has no exception for rape, incest or lethal fetal anomalies [8][9].
The medical exception
The ban does not apply when a licensed physician, exercising reasonable medical judgment, determines that the pregnant patient has a life-threatening physical condition aggravated by, caused by or arising from the pregnancy that places her at risk of death or poses a serious risk of substantial impairment of a major bodily function [1][6]. As amended in 2025, the law defines life-threatening as capable of causing death or potentially fatal [6].
In State v. Zurawski, decided May 31, 2024, the Texas Supreme Court unanimously held that the exception was broad enough to survive a state constitutional challenge [5]. The court said that to prosecute a doctor, the state would have to show that no reasonable physician would have concluded the abortion was warranted, and it held that a diagnosed fetal condition alone, without a life-threatening complication for the patient, does not qualify [4][5].
The 2025 clarification law (SB 31)
Senate Bill 31, known as the Life of the Mother Act, was signed June 20, 2025, and took effect immediately [7]. It does not expand abortion access and leaves the ban on elective abortion intact [8][10].
The law states that the risk need not be imminent, that the patient need not first suffer physical impairment, and that nothing requires delaying or withholding care that would increase the risk of death or serious impairment [6]. It specifies that removing an ectopic pregnancy, or the remains of a pregnancy after a miscarriage, is permitted [6]. It also provides that consultations and communications among physicians, patients and lawyers about an abortion that falls under the exception are not aiding or abetting, and it directs that the exceptions be read consistently with the Zurawski ruling, including the state's burden of proof [6].
SB 31 required the Texas Medical Board to approve a course on pregnancy-related medical emergencies, which physicians who provide obstetric care must complete before licensure or renewal after Jan. 1, 2026, and required the State Bar to offer a free legal course [6][10].
How it is working
The law did not change the ban's penalties [9]. KUT reported in October 2026 that state health data showed 68 abortions performed under the medical exception in the first six months of 2026, compared with 62 in the same period of 2025, and that it is too early to say whether the law has changed outcomes [9]. Some doctor groups, including the Texas chapter of the American College of Obstetricians and Gynecologists, said the bill did not go far enough, while the Texas Hospital Association called it a step forward [8].
Common questions
- Does a medical emergency have to be imminent before a Texas doctor can act?
- No. Since SB 31 took effect on June 20, 2025, the law states that the risk need not be imminent [6][7].
- Is treating an ectopic pregnancy legal in Texas?
- Yes. SB 31 specifies that removing an ectopic pregnancy is permitted [6].
- Are there exceptions for rape, incest or fatal fetal anomalies?
- No. The only exception is for a life-threatening physical condition of the pregnant patient [5][8].
- What are the penalties for violating the Texas abortion ban?
- A second- or first-degree felony, a civil penalty of at least $100,000 per violation, and possible loss of a medical license [2][3][4].
Sources
- Texas Health and Safety Code Sec. 170A.002, Prohibited Abortion; Exceptions, Texas Public Law (Texas Legislature statute text), 2025
- Texas Health and Safety Code Sec. 170A.004, Criminal Offense, Texas Public Law (Texas Legislature statute text), 2025
- Texas Health and Safety Code Sec. 170A.005, Civil Penalty, Texas Public Law (Texas Legislature statute text), 2025
- Case: Zurawski v. Texas, Civil Rights Litigation Clearinghouse, 2024
- Texas Supreme Court rejects challenge to abortion laws, The Texas Tribune, 2024-05-31
- S.B. No. 31, Enrolled Version (89th Legislature, Regular Session), Texas Legislature, 2025
- Bill History, SB 31 (89th Legislature, Regular Session), Texas Legislature Online, 2025-06-20
- Bill clarifying exceptions to Texas' abortion ban passes, The Texas Tribune, 2025-05-21
- These Texas doctors want to make sure people know their abortion rights during medical emergencies, KUT (via HPPR), 2026-10-06
- Life of the Mother Act (SB 31) summary, Texas Medical Association, 2025