What to Know About Wisconsin Abortion Laws
Individuals should understand abortion laws and rights in their state. Here’s what you need to know about abortion laws in Wisconsin.
Wisconsin abortion laws are unclear and subject to drastic change; however, it is largely unavailable in the state. As of August 14th, 2022 Wisconsin prohibits all abortion with certain exceptions to preserve the life and health of the mother.
Wisconsin Restrictions on Abortion
Performing an abortion is illegal in Wisconsin and punishable by a Class I Felony for providers. However, there are special exceptions intended to protect the mother’s health and allow abortions in certain circumstances.
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Wisconsin places the following restrictions on abortions:
- A patient must receive state-directed counseling, including information designed to discourage the patient from having an abortion, and then wait 24 hours before the procedure is provided,
- Health plans offered in the state’s health exchange under the Affordable Care Act can only cover abortion in cases of life endangerment, severely compromised physical health, or in cases of rape or incest,
- Abortion is covered in insurance policies for public employees only in cases of life endangerment or severely compromised physical health, or in cases of rape or incest,
- The use of telemedicine to administer medication for abortion is prohibited,
- The parent of a minor must consent before an abortion is provided; health professionals are allowed to waive parental involvement in limited circumstances,
- Public funding is available for abortion only in cases of life endangerment, rape, incest, or when the procedure is necessary to prevent long-lasting damage to the patient’s physical health,
- A patient must undergo an ultrasound before obtaining an abortion; the provider must show and describe the image to the patient,
- A medical provider may only provide abortion at 20 or more weeks postfertilization (22 weeks after the last menstrual period) in cases of life endangerment or severely compromised health, and
- The state requires abortion clinics to meet strict and complicated standards related to their physical plant, equipment, and staffing.
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Individuals should contact a trusted physician to discuss options for abortion in Wisconsin. Wisconsin laws on abortion are currently unclear about the prosecution of a mother for seeking an abortion in-state or out-of-state but are subject to change in the near future. Individuals should also contact a knowledgeable attorney to make an informed decision on abortion in Wisconsin.
FAQs About Wisconsin Abortion Laws: Updated 2022
Can Wisconsin punish doctors for performing illegal abortions?
It is a felony for a physician to perform an abortion after a fetus reaches viability, punishable by up to six years in prison and a fine of up to $10,000. However, this law does not apply if the pregnant person’s attending physician determines an abortion is necessary to preserve the life or health of the individual.
What abortion information are providers legally allowed to give in Wisconsin?
Providers will continue to assist individuals in navigating the changing legal landscape in Wisconsin to identify the most appropriate place for safe, legal abortion care.
Which states near Wisconsin will protect abortion rights?
Abortions are currently legal and will remain legal in Illinois and Minnesota. These states’ stances on abortion are unlikely to change.
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If you or a loved one would like to learn more about Wisconsin Abortion Laws, get your free consultation with one of our Women’s Rights Attorneys in Wisconsin today!