After Roe, abortion is illegal after the 15th week of pregnancy. Hear from Center for Arizona Policy about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about what abortion law would be in your state after Roe.
After Roe, states will have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!Connect with Center for Arizona Policy
THE BIG QUESTION
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
Arizona passed a 15-week ban in 2022 that is currently in effect. will likely ban nearly all abortions. 2022 Ariz. ALS 105. Arizona also has a near-total abortion ban that is currently enjoined but has not been repealed. Arizona may have to decide whether and how this law would take effect now that Roe has been overturned. Ariz. Rev. Stat. Ann. § 13-3603.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws would be in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Arizona currently prohibits abortions after the 15th week of pregnancy. 2022 Ariz. ALS 105, 2022 Ariz. Sess. Laws 105, 2022 Ariz. Ch. 105, 2022 Ariz. SB 1164. Arizona has a law banning almost all abortions that is currently enjoined but may become effective in the future. Ariz. Rev. Stat. Ann. § 13-3603.
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Both the near-total ban and the 15-week ban have an exception for when the abortion is necessary to save the mother’s life. Ariz. Rev. Stat. Ann. § 13-3603, 2022 Ariz. ALS 105, 2022 Ariz. Sess. Laws 105, 2022 Ariz. Ch. 105, 2022 Ariz. SB 1164.
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
Violations of the 15-week ban are a class 6 felony and an act of unprofessional conduct for medical professionals, resulting in a suspension of their license. 2022 Ariz. ALS 105, 2022 Ariz. Sess. Laws 105, 2022 Ariz. Ch. 105, 2022 Ariz. SB 1164.
Violations of the abortion ban incur imprisonment for 2-5 years. Ariz. Rev. Stat. Ann. § 13-3603.
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The parents or maternal grandparents of the unborn child may file suit against violators of the born-alive law. Ariz. Rev. State. Ann. § 36-2302.
The Attorney General is empowered to enforce the 15-week ban. 2022 Ariz. ALS 105, 2022 Ariz. Sess. Laws 105, 2022 Ariz. Ch. 105, 2022 Ariz. SB 1164.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
Yes: notarized consent from one parent is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. This provision would most likely become unnecessary when the trigger law takes effect. Ariz. Rev. Stat. Ann. § 36-2152.
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Hospitals, pharmacies, medical facilities, or health-care professionals, or employees of hospitals, pharmacies, medical facilities, or health-care professionals, who object in writing, may refuse to participate in or facilitate abortions. Hospitals may refuse to admit women for the purpose of an abortion. Ariz. Rev. State. Ann. § 36-2154.
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes: one must be a licensed physician to perform an abortion in Arizona. Non-doctors are expressly prohibited from performing abortions. Ariz. Rev. Stat. § 36-2153(E).
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Yes, counseling is required; however, this provision would most likely become unnecessary when the trigger law takes effect. Ariz. Rev. Stat. § 36-2153.