Abortion laws vary from state to state. Here’s what you need to know about abortion laws in Illinois.
Abortion is legal in Illinois and is considered health care just like any medical treatment or care. Illinois’ Reproductive Health Act enacted immediately upon its signage into law on June 12, 2019, includes the fundamental right to have an abortion.
Abortion Laws in Illinois
1. Illinois’ Reproductive Health Act specifically codifies the following:
“Every individual has a fundamental right to make autonomous decisions about one’s own reproductive health”
2. “Fertilized egg, embryo, or fetus does not have independent rights”
Related: Illinois Pregnancy Disability Leave: Explained
In addition, it does the following:
- Repeals the Partial-birth Abortion Ban Act
- Repeals the Abortion Performance Refusal Act
- Requires insurers to cover abortion and other reproductive health services
- Allow aggrieved parties such as those denied abortion in opposition to the law to bring civil lawsuits
There are various services such as Planned Parenthood which provides in-clinic abortion services up to 22 weeks and 6 days gestation and offers medication abortion. In-clinic abortion as well as the abortion pill is available up to 11 weeks and 6 days gestation is offered throughout Illinois.
Parental consent for abortion is not required in the state of Illinois. No one will be given information about the visit without written permission or unless required by law.
Related: 3 Cases of Pregnancy Discrimination in the Workplace
For more information or to schedule an appointment in the Chicago area or central Illinois call 877-200-PPIL. A staff member will discuss abortion and all of the options so that individuals may be connected with the service they need.
Restrictions on Abortion
The following restrictions on abortion came into effect as of January 1, 2022:
- The parent of a minor must be notified before an abortion is provided
- An abortion may be performed at or after viability only if the patient’s life or health is endangered
FAQs About Abortion Laws in Illinois
Are there any restrictions on abortion?
There are restrictions on abortion in Illinois and if a doctor determines that a fetus is “viable,” they can only perform an abortion to protect the patient’s life or health. Viable means it is able to survive outside the womb. They must be the least restrictive possible on the person’s right to make choices about their health.
Do I need my spouse or significant other’s consent to get an abortion?
A pregnant individual is not required to get the consent of a spouse or significant others and they have the right to decide whether to continue a pregnancy or to get an abortion.
I am a minor, do my parents have to be notified of my abortion?
Currently, there are no consent laws in Illinois but there are notification laws currently in motion. However, last year the Governor of Illinois repealed a 1995 act that notified minors’ parents of their abortions. It will be in full effect on January 1, 2024.
Can I be punished by the government for doing something that could harm my pregnancy?
The government cannot punish individuals for doing things that may harm their pregnancy.
Can a health care provider refuse to provide, refer, or participate in abortion care?
Unfortunately, healthcare can refuse to provide care that is against their beliefs.
Does insurance cover abortion?
Illinois law requires that, if an insurance plan provides pregnancy-related benefits, it must also cover abortion care. Does it also state that coverage for abortion care may not require any:
- Waiting period
Other cost-sharing limitation that is greater than that required for other pregnancy-related benefits covered by the policy
Do Illinois’s abortion laws apply to individuals from out of state?
There are requirements stating abortion care be treated just like any other health care do apply which does not apply to out-of-state insurance.
If you or a loved one would like to learn more about Understanding Abortion Laws Illinois, get your free consultation with one of the Family Law Attorneys in Illinois today!