What is being called the nation 's toughest anti-abortion measure -- a law that bans most abortions after six weeks , when a fetal heartbeat can be first detected -- was signed into law on Tuesday by North Dakota 's governor . The law sets the stage for an almost guaranteed legal showdown , with proponents saying the law is intended to test the 1973 U.S. Supreme Court ruling that made abortion legal . `` Although the likelihood of this measure surviving a court challenge remains in question , this bill is nevertheless a legitimate attempt by a state legislature to discover the boundaries of Roe v. Wade , '' Gov . Jack Dalrymple said in a statement . The governor directed the legislature to set aside funds to cover the cost of the expected legal battle , which opponents vowed to mount if the governor signed the measure into law . `` North Dakota 's governor today effectively banned abortion in the state , with an outrageous and unconstitutional law that will not stand , '' said Cecile Richards , president of the Planned Parenthood Action Fund . Dalrymple called the constitutionality of the law `` an open question , '' saying the Supreme Court has never considered the `` precise restriction '' of the fetal heartbeat aspect . The Center for Reproductive Rights announced plans late Tuesday to file a lawsuit to challenge the new law . `` We will not allow this frontal assault on fundamental reproductive rights to go unchallenged , '' Nancy Northup , the president of the Center for Reproductive Rights said . While the law does not spell out a specific time frame when a fetal heartbeat can be detected , experts say it is typically six to seven weeks into a pregnancy . The new law targets doctors rather than women having an abortion , with a maximum punishment of five years in prison and a $ 5,000 fine . Doctors , if convicted , could also lose their license to practice medicine . Under the law , a woman who undergoes an abortion in which a fetal heartbeat has been detected may not be prosecuted for violating the law or conspiracy to violate the law . The law does not rule out abortions when a medical emergency threatens the life of a woman . It does not allow for an abortion in the case of rape or incest , according to Democratic state Sen. Jim Dotzenrod , who voted against the bill . Abortion was legalized in all 50 states in 1973 by the U.S. Supreme Court . Statutory time limits on when abortions can take place , however , vary from state to state . Under Roe v. Wade , abortions are generally permitted until the fetus is considered viable , or able to live outside the womb . Some states have no time limit , while others allow abortion up to the end of the second trimester , about 27 or 28 weeks into the pregnancy . North Dakota 's fetal heartbeat law was one of three laws targeting abortion that Dalrymple signed on Tuesday . The other laws are : . -- A ban on the procedure on the basis of genetic defects or gender selections . -- A requirement that doctors who perform abortions have privileges at a North Dakota-area hospital . While proponents say the law will protect the welfare of a woman undergoing a medical procedure , opponents say it will force the closure of North Dakota 's only clinic that performs abortions . The laws are set to go into effect on August 1 , though a legal challenge could postpone them until the matter is sorted out . This month , Arkansas ' legislature passed a bill banning abortions after 12 weeks of pregnancy . The state 's Democratic governor , Mike Beebe , vetoed the bill , but the Arkansas House voted to override the veto . The Center for Reproductive Rights and the ACLU have vowed to challenge the law in federal court . Called the Arkansas Human Heartbeat Protection Act , the bill requires testing to determine `` whether the fetus that the pregnant woman is carrying possesses a detectible heartbeat . ''
The Center for Reproductive Rights says it plans to sue the state . The most restrictive law bans abortions after a fetal heartbeat is detected . Experts say a fetal heartbeat can be detected as early as six weeks . Gov . Jack Dalrymple says it is a legitimate attempt to test the boundaries of Roe v. Wade .