After Roe, abortion is never legal except to save a mother’s life or if the pregnancy resulted from rape or incest. 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 post-Roe abortion laws.Connect with Idaho Family Policy Center
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Idaho bans all abortions except when necessary to save the life of the mother and in cases of rape or incest. H.B. 374, 67th Leg., 1st Reg. Sess. (Id. 2023) (effective July 1, 2023).
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 Idaho bans almost all abortions, Idaho’s other, lesser limitations and regulations on abortion are no longer be necessary.
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes: to save the mother’s life or, during the first trimester, if the pregnancy resulted from rape or incest. H.B. 374, 67th Leg., 1st Reg. Sess. (Id. 2023) (effective July 1, 2023).
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 bill are a felony punishable by 2-5 years imprisonment and suspension of the violator’s medical license for at least 6 months. H.B. 374, 67th Leg., 1st Reg. Sess. (Id. 2023) (effective July 1, 2023.
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The mother or father of the unborn child may bring a civil suit for damages against the physician. The mother, her parents, her husband, her maternal grandparent, or the state attorney general may file for injunctive relief blocking the abortion provider from providing abortion care after 20 weeks in future instances. Idaho Code Ann. § 18-618.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
If an abortion must be performed within one of the allowed exceptions, the physician must perform it in the manner which gives the unborn child the best chance to survive. H.B. 374, 67th Leg., 1st Reg. Sess. (Id. 2023) (effective July 1, 2023).
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
Yes, consent from one parent is required, but may be waived if the mother is a victim of rape or incest. This state also has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. This provision is obsolete in light of Idaho’s near-total abortion ban. Idaho Code § 18-609A (Enacted 2000; Last Amended 2007).
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes: Physicians and healthcare professionals may refuse to provide or assist in providing abortions. Any person intending to refuse to provide such services must state such objections in writing.
Upon objection by its governing board, a hospital may refuse to admit a woman or to furnish facilities for the purpose of abortion services.
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
Yes: Only a physician licensed by the state to practice medicine and surgery or osteopathic medicine and surgery may conduct abortions. H.B. 374, 67th Leg., 1st Reg. Sess. (Id. 2023) (effective July 1, 2023).
All second-trimester abortion services be provided in a hospital. Idaho Code § 18-608(2) (Enacted 1973).
Providers must have transfer arrangements with one or more acute-care hospitals within reasonable proximity. There are no exceptions for clinics in rural areas, or if no local hospitals agree to a transfer arrangement. Idaho Code § 18-608(1) (Enacted 1973).
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: a physician must receive the woman’s informed consent before performing an abortion. However, this provision is largely irrelevant in light of Idaho’s nearly total abortion ban. Idaho Code § 18-609.