How Late Can You Get an Abortion in Washington?

In Washington, you can get an abortion up to the point of fetal viability, which in practice generally falls around 24 weeks of pregnancy. There is no specific week cutoff written into state law. After viability, an abortion is still legal when a treating provider determines it is necessary to protect the pregnant person’s life or health.¹

Why There’s No Fixed Week Number

Washington ties its limit to viability rather than to a number on the calendar. The statute defines viability as the point when, in the treating provider’s judgment, there is a reasonable likelihood the fetus could survive outside the uterus without extraordinary medical measures.² That call belongs to the physician, physician assistant, advanced registered nurse practitioner, or other qualified health care provider handling the pregnancy.³

Medical organizations generally place viability around 24 weeks of gestation, though the periviable period spans roughly 20 to 25 weeks and outcomes vary depending on the pregnancy and the neonatal resources available. A fetus born before 24 weeks has roughly a 50 percent survival rate even with intensive intervention. Because every pregnancy is different, Washington left viability as a clinical determination rather than a legislative one.

Abortion After Viability

Washington does not ban post-viability abortion outright. State law allows it when necessary to protect the pregnant person’s life or health.¹ The statute uses “health” without further limitation, so providers can weigh the full scope of a patient’s physical and mental well-being.

The situations that lead to post-viability abortions are almost always medical crises. Severe fetal anomalies like anencephaly, where the brain and skull do not fully develop, are often not detectable until the anatomy scan around 18 to 22 weeks, and a diagnosis may not come until after viability. Other scenarios include life-threatening pregnancy complications such as severe preeclampsia or organ failure.

How the Procedure Changes as Pregnancy Advances

The type of abortion available depends on gestational age. Washington’s Department of Health outlines three main options:⁴

Medication abortion, using a combination of pills (typically mifepristone and misoprostol), is available up to about 11 weeks. Washington allows this to be prescribed through telehealth, so an in-person visit is not always required.⁵
Aspiration, a brief in-clinic suction procedure, is generally used up to about 14 to 16 weeks.
Dilation and evacuation (D&E) is the standard method for second-trimester abortions after roughly 16 weeks. It requires cervical preparation beforehand and a provider with specialized training.

The further along a pregnancy is, the fewer clinics offer the procedure. Later D&E procedures are typically available only at higher-volume facilities with the staffing and equipment to manage potential complications. If you need a later procedure, expect a more involved medical evaluation to confirm gestational age and assess your health, and expect the procedure itself to span two or more appointments. Costs also rise sharply with gestational age: a first-trimester medication or aspiration abortion may run a few hundred dollars, while a second-trimester D&E can reach the low thousands.

What Helps You Move Quickly

Washington does not require a waiting period between an initial consultation and the procedure. If it is clinically appropriate, you can receive counseling and have the abortion during the same visit.

Minors can consent to an abortion at any age without notifying or getting permission from a parent, guardian, or partner.⁶

Insurance coverage is unusually broad. Under Washington’s Reproductive Parity Act, any health plan that covers maternity care must provide substantially equivalent coverage for abortion, and for plans issued or renewed on or after January 1, 2024, the insurer cannot impose cost sharing.⁷ The only exception is for high-deductible plans paired with a health savings account, where cost sharing may be set at the minimum needed to preserve the account’s tax-exempt status. If you have Apple Health, Washington’s Medicaid program, abortion is a covered benefit; the state uses its own funds to cover the service beyond the narrow federal exceptions in the Hyde Amendment.⁸ Public hospitals in Washington that provide maternity care must also offer equivalent abortion services.²

Access has also widened on the provider side. Physicians, physician assistants, advanced registered nurse practitioners, and other health care providers acting within their licensed scope of practice can all provide abortion care, which means more clinics across the state, particularly in rural areas, can offer services.³

If You’re Traveling from Another State

Washington has become a destination for people from states with restrictive laws, and it has enacted a shield law to protect patients and providers. Under Chapter 7.115 RCW, Washington courts and law enforcement are prohibited from cooperating with out-of-state investigations or legal actions targeting someone for receiving or providing reproductive health care that is legal in Washington. Washington courts cannot issue subpoenas for another state’s investigation into abortion services, state agencies cannot effectuate out-of-state arrest warrants related to abortion, and extradition requests based on providing or receiving legal abortion care in Washington will not be honored. The law also covers people who assist someone in getting an abortion, including financial, travel, or logistical help.⁹

A federal HIPAA Privacy Rule finalized in 2024 adds another layer. Health care providers, insurance plans, and clearinghouses are prohibited from disclosing protected health information for the purpose of investigating or imposing liability on anyone for seeking, obtaining, or providing reproductive health care that was lawful where it was provided. When a provider receives a records request tied to law enforcement, health oversight, or judicial proceedings, the requesting party must submit a signed attestation confirming the records will not be used to investigate lawful reproductive health care. Compliance with the updated Notice of Privacy Practices requirements is required by February 16, 2026.¹⁰

1
Washington State Legislature. Revised Code of Washington 9.02.110 – Right to Have and Provide
2
Washington State Legislature. Washington Code Chapter 9.02 RCW – Abortion
3
Washington Medical Commission. WA Regulation of Health Professionals and Abortions FAQ
4
Washington State Department of Health. About Abortion
5
Washington State Department of Health. Medication Abortion Access in Washington
6
Washington State Department of Health. Know Your Rights
7
Washington State Legislature. Washington Code RCW 48.43.073 – Required Abortion Coverage Limitations
8
Washington State Health Care Authority. Abortion Services
9
Washington State Legislature. Washington Code Chapter 7.115 RCW – Protected Health Care Services
10
U.S. Department of Health & Human Services (HHS.gov). HIPAA Privacy Rule Final Rule to Support Reproductive Health Care Privacy Fact Sheet