What states offer abortion up to the moment of birth

1. Laws differ by legal standard — “no limit” vs. post‑viability exceptions

Some states and D.C. are described in summaries as not imposing a specific gestational‑age limit; Axios reported “No limit: Six states and Washington, D.C., do not impose any term restrictions” ^[3]. Other states that retain permissive frameworks allow abortion through viability or into the third trimester if the pregnant person’s life or health is endangered; Guttmacher and KFF categorize states by whether they set fixed week limits or rely on health/life exceptions around viability ^{[1] [4]}.

2. “Up to the moment of birth” is not a precise legal term

Reporting shows the phrase “up to the moment of birth” is commonly used in political debate but does not map neatly onto statutory language. Where no fixed weekly cutoff exists, laws typically still include medical exceptions and are mediated by clinical standards about viability and maternal health — not an unfettered right to terminate literally at the moment of delivery ^{[4] [1]}. Catholic News Agency and other commentary note political claims that “nine states permit abortions throughout the entirety of pregnancy,” but such summaries conflate absence of a statutory gestational limit with practical and clinical constraints ^[5].

3. Who lists which states as having no gestational limit — and why lists differ

Different organizations produce different lists because they use different criteria: whether a state explicitly sets a gestational week cutoff, whether exceptions (life/health/fetal anomaly) exist, and whether ballot measures or court rulings have altered enforcement. KFF’s dashboard highlights states that “allow late‑term abortions with no state‑imposed thresholds” (e.g., Alaska, Colorado, New Jersey, Oregon, Vermont and others in earlier summaries) while Guttmacher’s interactive map groups states by policy packages, noting that inclusion of exceptions doesn’t guarantee a provider will offer the procedure ^{[4] [1] [2]}.

4. Practical availability diverges from the statutory text

Even in states without explicit gestational limits, availability is shaped by provider willingness, hospital policies, and clinical guidelines. Guttmacher cautions that exceptions in law “do not ensure there will be a provider available or willing to perform the procedure” ^[2]. Ballotpedia’s roundup notes rapid legal changes and court rulings that can pause services or alter what the statutory language means in practice ^[6].

5. Political rhetoric vs. legal nuance

Politicians and some advocacy outlets use the “moment of birth” phrase to make a simple point, but fact‑based trackers stress nuance: the post‑Dobbs landscape is fragmented; some states passed total bans, others enshrined broader protections, and several rely on clinical standards such as viability or “life/health” exceptions ^{[4] [1] [3]}. Catholic News Agency criticizes debate rhetoric and cites claims that “more than a dozen states allow on‑demand abortions after the point of viability,” demonstrating how partisan framing selects from complex legal maps ^[5].

6. How to get a current, state‑by‑state answer

Authoritative, up‑to‑date answers require consulting live trackers and the text of state law because the situation changed rapidly after Dobbs and continues to shift via ballot measures and court decisions. Guttmacher’s interactive map and KFF’s dashboard are designed to show current policy categories; Ballotpedia compiles legislative and judicial changes across states ^{[1] [4] [6]}. The exact set of states with no statutory gestational limit or with permissive post‑viability exceptions varies depending on the cutoffs and criteria used ^{[1] [3]}.

Limitations: available sources do not mention a single, universally accepted list of “states that allow abortion up to the moment of birth”; instead, they document different categories (no term limit, post‑viability with exceptions, or explicit bans) and warn that legal text and real‑world access can diverge ^{[1] [2] [3]}.