After Roe in Arkansas, abortion is illegal except to save a mother’s life. Connect with your local family policy council to stay up-to-date on the pro-life movement in your state. Then, keep reading to find out more about your state’s abortion laws after Roe.Connect with Family Council
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Arkansas has a “trigger law” called the Arkansas Human Life Protection Act that bans all abortions except to save the life of the mother now that Roe is overturned. Ark. Code Ann. § 5-61-304.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are 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?
Because Arkansas’ “trigger law” bans almost all abortions, Arkansas’ other, lesser limitations and regulations currently in their law on abortion are no longer necessary.”
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
The trigger law includes an exception to save the mother’s life in a medical emergency. Ark. Code Ann. § 5-61-304.
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 trigger law are a felony and punishable by up to 10 years in prison and/or up to $100,000 in fines. Ark. Code Ann. § 5-61-304.
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The law provides no cause of action.
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
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. The trigger law banning virtually all abortions renders this provision obsolete. Ark. Code Ann. § 20-16-810.
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Individuals may refuse to participate in medical procedures that result in an abortion. Hospitals, hospital directors, or governing boards may refuse to permit abortions within their institutions. Ark. Code Ann. § 20-16-601.
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Physicians and medical personnel cannot deny infants nourishment or medically appropriate and reasonable medical care with the intent to result in their death; however, the trigger law banning virtually all abortions renders this provision obsolete. Ark. Code Ann. § 20-16-604.
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes, and the physician must be licensed to practice in the state. Ark. Code Ann. § 5-61-101.
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Counseling and informed consent are required; however, the trigger law banning virtually all abortions renders this provision obsolete. Ark. Code Ann. § 20-16-1703.