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In Arizona

After Roe, abortion will likely never be legal except to save a mother’s life. 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!

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MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.


The Big Question

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

Arizona will ban nearly all abortions. Arizona has a near-total abortion ban that has
been ruled unconstitutional by courts, but it has not been repealed and would presumably take effect if Roe were overturned. Arizona will probably have to decide whether and how this law would take effect in a world without Roe. Ariz. Rev. Stat. Ann. § 13-3603.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

Because Arizona has a near-total abortion ban that would go into effect immediately after Roe, Arizona’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary.


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

The ban has an exception for when the abortion is necessary to save the mother’s life. Ariz. Rev. Stat. Ann. § 13-3603.


Penalties for performing an illegal abortion

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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 abortion ban incur imprisonment for 2-5 years. Ariz. Rev. Stat. Ann. § 13-3603.


Enforcement

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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.


Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

No.


Protecting Fundamental Rights

Parents

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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.


Medical professionals

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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.


Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

Yes: physicians are required to promote, preserve, and maintain the life of a baby born alive, among other requirements. Ariz. Rev. State. Ann. § 36-2302.


Safety & Health of Women

Physician-only requirement

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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).


Informed consent

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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.


Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

Yes, a 24-hour waiting period is required after counseling; however, this provision would most likely become unnecessary when the trigger law takes effect.  Ariz. Rev. Stat. § 36-2153.


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