Illinois Abortion Law: Understanding The Legal Landscape

Abortion laws vary from state to state across the US. In Illinois, abortion is legal and recognised as a fundamental right. The state's abortion laws have changed over time, with the Illinois Reproductive Health Act signed into law in 2019, protecting abortion rights and rescinding previous legislation that banned some late-term abortions. The law states that a fertilized egg, embryo, or fetus does not have independent rights and that individuals have the right to make autonomous decisions about their reproductive health. In Illinois, abortion is legal until the point of fetal viability, which is generally between 24 and 28 weeks into a pregnancy.

Abortion is legal in Illinois

Illinois law ensures that abortion is legal for all people. You have the fundamental right to make decisions about your reproductive health care, regardless of age, gender identity, gender expression, sexual orientation, sexual behaviour, class, immigration status, race, ethnicity, language ability, or disability status. This right is also guaranteed if you are in state custody, control, or supervision, including in jail, prison, or under DCFS custody.

In Illinois, you can have an induced abortion for any reason until fetal viability, around 24-26 weeks of pregnancy. A fetus is considered viable if there is a significant chance it will be able to survive outside of the uterus without extraordinary medical intervention. After a pregnancy is determined to be viable, an induced abortion can only be done to protect the patient's life or physical and mental health.

Illinois has a history of abortion laws dating back to the early 1800s. The first criminal penalties related to abortion were imposed in 1827, and abortion itself became illegal in 1867. Following Roe v. Wade in 1973, Illinois passed a number of restrictions on abortion, many of which have subsequently been repealed. In 2019, Illinois updated its abortion laws, including removing the 12-week ban on abortions.

In 2021, Illinois repealed the Parental Notice of Abortion Act, which required physicians to give 48 hours' notice to the parent, grandparent, or guardian of a minor seeking an abortion. This repeal took effect on June 1, 2022, and now Illinois does not require a minor to notify a parent or guardian to obtain an abortion.

The right to confidentiality

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.

To protect patient privacy, the Illinois Department of Public Health (IDPH) has revised its data collection and reporting practices for abortions. IDPH will report aggregate-level data on the total number of abortions provided to Illinois residents and out-of-state residents, age ranges, gestational age, and the number of procedural and medically induced abortions. These changes ensure compliance with amendments to the state's Reproductive Health Act, which aims to safeguard abortion rights and patient privacy.

It is important to note that the right to confidentiality in abortion care may have limitations when it comes to insurance coverage. If an individual has health insurance through their parent or family member's job, using this insurance may compromise confidentiality. In such cases, it is advisable not to use the insurance to maintain privacy.

Parental notification is not required

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 provides that:

> (a) Every individual has a fundamental right to make autonomous decisions about the individual’s own reproductive health, including the fundamental right to use or refuse reproductive health care. (b) Every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth or to have an abortion, and to make autonomous decisions about how to exercise that right. (c) A fertilized egg, embryo, or fetus does not have independent rights under the laws of this State.

The Illinois Supreme Court has held that the due process clause in the state constitution provides protections for abortion equivalent to those provided by the federal due process clause.

Illinois is one of only 16 states that go beyond federal Medicaid limits and use state funds to cover abortions for people enrolled in Medicaid. Illinois state law provides a right to reproductive healthcare, including abortion and maternity care. There are two programs for pregnant people, regardless of citizenship or immigration status:

• Medicaid Presumptive Eligibility (MPE) offers immediate, temporary coverage for outpatient healthcare for pregnant people.
• Moms & Babies coverage is the full Medicaid benefit package, covering both outpatient healthcare and inpatient hospital care, including labor and delivery, primary and specialty care, and prescription drugs for pregnant people.

People covered under the state’s Health Benefits For Immigrant Adults program who become pregnant can transition to coverage under the Moms & Babies program.

Public and private funding for abortions

Illinois law ensures that abortion is legal for all people. The state has a mix of public and private funding options for abortions.

Public Funding

Illinois Medicaid covers abortion care. In 2017, the 100th General Assembly provided for abortion to be covered under Medicaid and state employee health insurance. The bill was signed into law by pro-choice Republican governor Bruce Rauner.

In 2010, the state had 371 publicly funded abortions, of which 237 were federally funded and 134 were state-funded.

Private Funding

Most private health insurance plans in Illinois are required to cover abortion care. If you have an Illinois-based private insurance plan, you can use this chart to see if abortion care is covered.

There are also private organisations that may be able to help with abortion costs. These include:

• Chicago Abortion Fund (CAF)
• Midwest Access Coalition (MAC)
• Midwest Access Project (MAP)
• Hoosier Abortion Fund
• Iowa Abortion Access Fund
• Health Justice Network
• Reproductive Access Fund
• Planned Parenthood of Illinois

Some clinics may also provide financial assistance.

Abortion is a fundamental right

Illinois has a history of abortion laws dating back to the early 1800s. In 1827, the state imposed criminal penalties in connection with abortion, and in 1867, abortion was made illegal. However, in recent years, Illinois has taken significant steps to protect abortion rights.

In 2019, Illinois passed the Reproductive Health Act, which recognises that individuals have a fundamental right to make autonomous decisions about their reproductive health. This includes the right to continue or terminate a pregnancy. The Act also states that a "fertilized egg, embryo, or fetus does not have independent rights". This legislation ensures that abortion is legal in Illinois, even after the Supreme Court's overturning of Roe v. Wade.

The Illinois Supreme Court has also played a crucial role in protecting abortion rights. In 2013, the Court recognised a right to abortion under the state's due process clause. Additionally, in 2019, the Court held that the due process clause in the state constitution provides protections for abortion equivalent to those provided by the federal due process clause.

Illinois law ensures that abortion is a legal and accessible option for all people in the state. Individuals have the right to make decisions about their reproductive health care, regardless of age, gender identity, sexual orientation, class, immigration status, or any other factor. This right is protected even for minors, who are not required to notify or obtain permission from a parent or guardian to seek abortion services.

The state also provides financial support for abortion services. Illinois Medicaid and most private health insurance plans are mandated to cover abortion care. Additionally, there are private organisations and clinics that may provide financial assistance for those who need help with abortion costs.

Illinois has taken a proactive approach to protecting abortion rights, ensuring that individuals have the fundamental right to make their own decisions about their reproductive health. The state's laws and court decisions reflect a commitment to safeguarding access to abortion and ensuring that individuals have control over their own bodies and futures.

Frequently asked questions