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In Hawaii

After Roe in Hawaii, abortion will be legal before the unborn baby is considered viable.  Hear from Hawaii Family Forum 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?

Hawaii will allow most abortions–Hawaii state law establishes an affirmative right to abortion. Haw. Rev. Stat. § 453-16(c).

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?

Abortions are prohibited post-viability. Haw. Rev. Stat. § 453-16(b).


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Abortions are permitted post-viability when done to save the life or health of the mother.  Haw. Rev. Stat. § 453-16(c).


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 post-viability ban incur a fine of up to $1,000 or imprisonment for not more than five years. Haw. Rev. Stat. § 453-16(d). Persons who are licensed in naturopathy, but who are not a physician, may lose their license if they perform an abortion. Haw. Rev. Stat. § 455-11(2).


Enforcement

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

The law provides no cause of action.


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?

No, and notice to the parents from the abortion providers is only optional as well. Haw. Rev. Stat. § 577A-2.


Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes. No person or hospital shall be required to perform an abortion. Haw. Rev. Stat. § 453-16(e).


Babies Born Alive

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

No.


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?

One does not have to be a physician to perform a chemical abortion or an abortion by aspiration in the first trimester of pregnancy, but one must be a physician for all other abortion procedures. Haw. Rev. Stat. § 453-16(1); HB576 (signed April 12, 2021) The new statute for this requirement will be available through Haw. Rev. Stat. § 457-8.7 as soon as the state uploads it to its new website.


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?

Counseling for minors is optional, not required. Haw. Rev. Stat. § 577A-3.


Waiting period

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

No.


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