In 2019, Illinois enacted comprehensive abortion rights legislation, and abortion remains legal in the state following the Supreme Court's overturning of Roe v. Wade. However, Illinois law generally prohibits abortion after viability. The state has also enacted a statutory protection for abortion as a fundamental right, stating that every individual has the right to make autonomous decisions about their reproductive health. While Illinois law ensures that abortion is legal for all people, there is ongoing debate and conflicting views on the topic of born-alive abortion legislation. This refers to situations where an infant is born alive during an attempted abortion and the subsequent legal protections and medical care provided. While some argue that existing homicide laws already apply to cases of infanticide, others advocate for additional requirements and legal protections for infants born alive, such as the Born-Alive Abortion Survivors Protection Act.
What You'll Learn
- Illinois law ensures abortion is legal for all people
- Illinois law allows abortion at any stage of pregnancy
- Illinois law gives people the right to keep their abortion confidential
- Illinois law requires medical providers with religious objections to abortion to offer information on alternative services
- Illinois law prohibits abortion after viability
Illinois law ensures abortion is legal for all people
Illinois law ensures that abortion is legal for all people. In Illinois, you have the fundamental right to make decisions about your reproductive health care. This right is protected regardless of age, gender identity, gender expression, sexual orientation, sexual behavior, class, immigration status, race, ethnicity, language ability, or disability status. This right is also protected even if you are in state custody, control, or supervision, including in jail, prison, or under DCFS custody.
Illinois law also guarantees your right to keep your abortion confidential, regardless of your age. If you are under 18, a clinic is not required by law to contact a parent or legal guardian if you are seeking abortion care services. Who you tell about your abortion is entirely up to you.
Illinois Medicaid and most private health insurance plans are required to cover abortion care. Illinois residents may also qualify for no-cost abortion care. There are also private organizations that may be able to help with abortion costs, and some clinics may provide financial assistance.
You can obtain an abortion at many family planning clinics, as well as some doctors' offices and hospitals. Medical providers are not mandated to offer abortions, and some hospitals and clinics associated with religious groups refuse to perform them. However, under Illinois law, medical providers with religious objections to providing abortions should offer information about where else you might be able to access those services.
Illinois law ensures that you will not be subjected to many of the obstacles seen in other states when seeking an abortion. There is no mandatory waiting period, ultrasound requirement, or state-sponsored lecture filled with misinformation.
While abortion is legal in Illinois, it is important to note that there have been debates and discussions around "born-alive" legislation at the federal level and in other states. The "Born-Alive Abortion Survivors Protection Act" and similar bills have been introduced with the stated intention of protecting babies born alive after abortion attempts. However, critics argue that these bills are unnecessary and aim to restrict access to legal abortion.
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Illinois law allows abortion at any stage of pregnancy
Illinois law generally prohibits abortion after fetal viability. However, it is important to note that the definition of fetal viability can vary and is often determined by medical professionals based on gestational age and other factors. In the context of abortion laws, fetal viability typically refers to the point at which a fetus can survive outside the womb.
The specific laws and regulations regarding abortion in Illinois have evolved over time. In 2019, Illinois enacted comprehensive abortion rights legislation, recognizing the right to abortion under the state's constitution. This legislation included protections for abortion as a fundamental right, stating that individuals have the right to continue a pregnancy, give birth, or have an abortion.
Additionally, Illinois has taken steps to protect access to abortion care and ensure confidentiality for those seeking abortions. Illinois Medicaid and most private health insurance plans are required to cover abortion care, and individuals are not required to notify a parent or guardian if they are under 18.
It is worth noting that, while Illinois law allows abortion at any stage of pregnancy, there may be specific circumstances or exceptions to these laws. The availability of abortion services may also depend on factors such as the availability of medical providers and facilities offering abortion care.
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Illinois law gives people the right to keep their abortion confidential
Illinois law ensures that abortion is legal for all people. In Illinois, you have the fundamental right to make decisions about your reproductive health care. This right is not dependent on your age, gender identity, gender expression, sexual orientation, sexual behavior, class, immigration status, race, ethnicity, language ability, or disability status.
If you get your health insurance through the Illinois Medicaid program, then you should be able to use it to fully cover the cost of your abortion confidentially without any information being revealed to your family. However, if you get your health insurance through your parent or another family member, or if your parent or family member buys health insurance for you, you cannot use this insurance confidentially. In this situation, if you do not want your parent or other family member to know about your abortion, you should not use your health insurance to cover the cost of the abortion or any related care. Your medical provider may be able to give you more information about which types of insurance will keep your abortion confidential.
There are also private organizations that may be able to help with abortion costs, and some clinics may provide financial assistance. The National Abortion Hotline, Chicago Abortion Fund, and Midwest Access Coalition are also available to provide support and assistance.
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Illinois law requires medical providers with religious objections to abortion to offer information on alternative services
Illinois law ensures that abortion is legal for all people. In Illinois, you have the fundamental right to make decisions about your reproductive health care. This right is not dependent on age, gender identity, gender expression, sexual orientation, sexual behavior, class, immigration status, race, ethnicity, language ability, or disability status.
Illinois law requires medical providers with religious objections to providing an abortion to offer information about where else the service can be accessed. Medical providers are not mandated to offer abortions, and some hospitals and clinics associated with religious groups refuse to do them.
Illinois law protects the confidentiality of those seeking abortion care services. If you are under 18, a clinic is not required by law to contact a parent or legal guardian. Who you tell about your abortion is entirely up to you.
Illinois Medicaid and most private health insurance plans are mandated to cover abortion care. Financial assistance is also available to help cover the cost of an abortion.
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Illinois law prohibits abortion after viability
Illinois law prohibits abortion after fetal viability unless the procedure is necessary to protect the life or health of the pregnant person. This means that, in Illinois, abortion is legal until the fetus is considered viable, or able to survive outside the womb.
Illinois law ensures that abortion is legal for all people and that individuals have the fundamental right to make decisions about their own reproductive health care. This includes the right to continue the pregnancy and give birth or to have an abortion. The law also states that a fertilized egg, embryo, or fetus does not have independent rights.
The Illinois Reproductive Health Act, passed in 2019, states that "every individual has a fundamental right to make autonomous decisions about one's own reproductive health." This law repealed prior criminal penalties associated with certain late-term abortions and several other regulations that hindered abortion access.
Illinois has taken steps to protect the right to abortion in state law, leaving decisions about the termination of a pregnancy between the patient and their physician.
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Frequently asked questions
No, it is illegal in every state to kill a baby after it is born. Infanticide, the crime of killing a child within a year of its birth, is illegal in all states.
Abortion is legal in Illinois. In 2019, Illinois enacted comprehensive abortion rights legislation. The Illinois Supreme Court has recognized the right to abortion under the state’s constitution.
The Born-Alive Abortion Survivors Protection Act is a bill that would amend the federal criminal code, instituting penalties and jail time for health care practitioners who don’t provide certain medical care in the case of an abortion or attempted abortion that results in a child born alive.