DOD Abortion Policies
Reminder
The information presented on this website is intended for general education purposes only and should not be relied upon as a substitute for professional guidance from the legal professionals of your branch of service.
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Overview
TRICARE classifies abortion care into two categories:
- Covered: Due to rape, incest or if the life of the mother would be endangered should the fetus be carried to term
- Non-Covered: All other abortions, to include those due to fetal abnormalities that are non-compatible with life
Servicemembers getting “covered” abortions are able to get care at Military Treatment Facilities (if available) even in states with full or partial abortion bans. If they need to travel out of state, the costs of the abortion and travel-related expenses will be paid.
Service members getting “non-covered” abortions are responsible for all costs associated with obtaining abortion care. As of 29 January 2025, administrative leave and travel reimbursements are no longer permitted for those seeking access to “non-covered” abortion care.
If you need “non-covered” abortion care, you still have certain rights:
- You do not require your commander’s permission to have an abortion
- You are permitted to take leave to obtain abortion care
- You are entitled to convalescent leave to recover from having an abortion
- You are not required to report your pregnancy until 20-weeks
Air Force and Space Force
The 17 August 2022 memo “Message to Total Force Airmen and Guardians on Reproductive Health Care Services” states the following:
IAW AFGM 2022-01, AFI 44-102 Medical Care Management
- You do not require your commander’s permission to get an abortion
- You have the right to take leave to access abortion care
IAW DAFGM 2022-01, DAFI36-3003 Military Leave Program
- You have the right to convalescent leave (Page 28, Table 4.2)
From AFGM 2022-01, AFI 44-102 Medical Care Management
5.1.1 Pregnancy Termination. Pregnancy termination is time sensitive, therefore it is EXEMPT from unit commander pre-approval and coordination. Once an Airman has undergone a pregnancy termination, she should follow up as soon as possible with an obstetrician gynecologist (OB/GYN) physician or with a Women’s Health Nurse Practitioner to ensure she is fit for duty, address any necessary convalescent leave and/or physical profile, and ensure the service member has resources on topics such as contraception and/or mental health support, as needed. Although commanders do not need to approve of this procedure before it occurs, they will be informed of any aftercare plans post procedure based upon necessary physical profiles, while respecting the patient’s privacy to the extent practicable.
Army
The Army Directive 2025-02 (Parenthood, Pregnancy, and Postpartum) states the following:
- You do not require your commander’s permission to get an abortion (Section H, subsection 2b on Page 10)
- You have the right to take leave to access abortion care
- You have the right to convalescent leave (Section H, subsection 1c on Page 8)
Army Directive 2025-02 (Parenthood, Pregnancy, and Postpartum) Section H, Subsection 2b, page 10
Pregnancy Termination. Given the time-sensitive nature of the procedure, pregnancy termination will not require unit commander pre-approval. However, Soldiers will keep their commander notified of any expected absences and provide the commander any new physical profiles as soon as possible. The Soldier may do this without providing the specifics of the underlying procedure. Following the procedure, the Soldier will follow up as soon as possible with a credentialed healthcare provider with privileges in the OB/GYN specialty (such as an obstetrician-gynecologic physician, obstetrician-gynecologic advanced practice registered nurse, obstetrician-gynecologic physician assistant, family medicine physician, certified nurse-midwife, or women’s health specialist provider). The purpose of the visit is to ensure the Soldier is fit for duty, to address any necessary convalescent leave and/or physical profile, and to ensure the Soldier has resources on topics such as contraception and/or mental health support, as needed.
Coast Guard
The ALCOAST 105/24 MAR 2024 Update to Reproductive Health Care states:
1. You are entitled to convalescent leave
The 16 February 2023 memo “Changes to Command Notification of Pregnancy Policy” outline pregnancy notification guidelines for those deployed or underway (Page 4).
You are still entitled to the DOD-level protections outlined in the overview.
Service Academies
Cadets and midshipmen at service academies are permitted to seek abortion care.
In the case of rape or incest, the DoD is allowed to provide abortion care. In that case, the cadet/midshipmen should contact their medical provider as soon as they feel comfortable.
In cases that are not covered by the DoD, there is service academy specific guidance that cadets are recommended to be familiar with.
Each academy, including the United States Coast Guard Academy and Merchant Marine Academy, reside in a state where abortion is legal.
A medical provider may need to approve convalescent time, which they can do without disclosing the reason, and then it is on the cadet/midshipmen to coordinate with instructors and commanders as needed for that convalescent time.
Each academy has mental health facilities and Sexual Assault Prevention Response (SAPR) offices for counseling if a cadet/midshipman requests it.
Following the passage of the CADET Act, cadets and midshipmen who find themselves pregnant can now participate in their academy career and defer the rest of their time until after they have given birth and recovered. This only applies to those who have been attending an academy, not those who are planning to attend an academy. Having a child prior to entry into a service academy is still grounds for disqualification.
FAQs/Help
If I was sexually assaulted, do I need to file a formal report to have a “covered” abortion?
Medical providers should document their good faith belief that the patient was the victim of rape or incest. If they are unable to do this, they should utilize the local ethical dilemma resolution process (AFI44-102).
Do I have to tell my commander that I am taking leave to access abortion care?
No. However, if your request for leave is denied, you should weigh the risks and benefits of disclosing your reason for requesting leave to your command.
I told my commander I need to take leave to get an abortion and my leave is still being denied. What do I do?
If the Inspector General is unable or unwilling to help, you should contact the Repro Legal Helpline at 844-868-2812. Identify yourself as a service member so they can direct you to the right resources. Learn more about additional legal resources for service members, health care providers, legal professionals and military leaders.