In Illinois
After Roe in Illinois, abortion will be legal until the unborn child is considered viable. Keep reading to find out more about what abortion law would be in your state after Roe.
THE BIG QUESTION
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
Illinois will allow nearly all abortions. It has established in its state law that every mother who becomes pregnant has a right to decide whether to continue her pregnancy or have an abortion. 775 Ill. Comp. Stat. 55 / 1-15.
WHAT’S NEXT
What is my state’s next step in the fight for life, once Roe is overturned?
Illinois has a long way to go to protect life. The pro-life movement will have to work hard to prevent Illinois from becoming an abortion tourism destination. It will need to work on protecting human life at the most basic level. Illinois must enact parental notification for minors seeking abortion, a third-trimester abortion ban, and legislation to protect children who survive an abortion procedure.
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?
Abortion is banned in Illinois after fetal viability. 775 Ill. Comp. Stat. 55 / 1-25.
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
An abortion may be performed after viability if it is necessary to protect the life or health of the mother. 775 Ill. Comp. Stat. 55 / 1-25.
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)?
If an abortion is committed outside of the sole exception, the physician is guilty of intentional homicide of an unborn child and punishable with the same punishments as first-degree murder. 720 Ill. Comp. Stat. 5 / 9-1.2.
Enforcement
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
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
Notice to 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. 750 Ill. Comp. Stat. 70 / 15. On October 28th, 2021, the Illinois legislature passed legislation that would repeal this parental notice requirement. The bill is still awaiting Governor Pritzker’s signature, but he has publicly supported the measure. (Sarah Schulte, Illinois House gives final approval to repeal abortion parental notification for girls under 18, ABC 7 Chicago (Oct. 28 2021), (https://abc7chicago.com/illinois-abortion-law-parental-notification-house/11175926/).
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes, there is protection from civil or criminal liability and discrimination for a healthcare worker’s refusal to participate in abortions. (745 Ill. Comp. Stat. 70 / 4 (1998); 70 / 5 (1998)).
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
No.
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
No.
Informed consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
No.
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
No.
MAKING A MORE PROLIFE ILLINOIS
Your state does not (yet!) have a state family policy council working on the issue of life at your state’s capitol. But the need to fight for life in your state is critical!
If you’re interested in helping start a state family policy council in Illinois, please contact us at: Mail@familypolicyalliance.com.
And, be sure to check out the good prolife work being done by our national allies as well and find a way to plug into the #AfterRoe movement!