Illinois Abortion Laws: What You Need To Know

Abortion laws vary from state to state across the US. In Illinois, abortion is legal for all people and is protected by state law. The Illinois Supreme Court has recognised the right to abortion under the state's constitution, and there is no trigger law that would make abortion unlawful if Roe v. Wade is overturned.

Abortion is legal in Illinois

In Illinois, there are no restrictions on abortion before "fetal viability". After fetal viability, an abortion may be performed to protect the patient's life or health. The law states that a fertilised egg, embryo, or fetus does not have independent rights. Additionally, there is no "trigger law" that would make abortion unlawful if Roe v. Wade is overturned.

Illinois has also taken steps to protect access to abortion services. Illinois Medicaid and most private health insurance plans are required to cover abortion care. Patients are not subjected to waiting periods, mandatory ultrasounds, or lectures filled with misinformation. Healthcare providers with religious objections to abortion are required to provide information on alternative services. The state has also enacted laws to protect patients and providers from out-of-state investigations and legal actions.

Abortion services are available at many family planning clinics, doctors' offices, and hospitals. Planned Parenthood of Illinois offers both procedural and medication abortions across the state. Patients can also access the abortion pill by mail after a telehealth visit if they meet certain requirements.

No restrictions before fetal viability

In Illinois, there are no restrictions on abortion before "fetal viability". This means that individuals can make their own decisions about whether to have an abortion before the foetus is considered viable. Illinois law ensures that abortion is legal for all people, and this right is protected regardless of age, gender identity, gender expression, sexual orientation, sexual behaviour, class, immigration status, race, ethnicity, language ability, or disability status.

The right to abortion before fetal viability is also protected for those in state custody, control, or supervision, including people in jail, prison, or under DCFS custody. Additionally, Illinois law states that individuals under 18 are not required to notify or obtain consent from a parent or legal guardian when seeking abortion services. The decision to have an abortion is entirely up to the individual, and they have the right to keep their abortion confidential, regardless of their age.

Illinois has also enacted measures to ensure access to abortion services. Illinois Medicaid and most private health insurance plans are required to cover abortion care. Furthermore, medical providers with religious objections to providing abortions are legally required to offer information about where else individuals can access those services.

In 2019, Illinois also enacted a statutory protection for abortion as a fundamental right. This right was recognised by the Illinois Supreme Court under the state's constitution. The law states 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."

No parental consent required

In Illinois, abortion is legal for all people. The state's laws ensure that individuals have the fundamental right to make decisions about their reproductive health care. This right is extended to all, regardless of age, gender identity, gender expression, sexual orientation, sexual behaviour, class, immigration status, race, ethnicity, language ability, or disability status.

Previously, a 1995 law, the Parental Notice of Abortion Act, required that parents or guardians be notified when a minor was seeking an abortion. However, this act was repealed in December 2021, and will come into effect on January 1, 2024. The earlier law did not require parental consent, but mandated notification at least 48 hours in advance when a minor 17 years or younger sought an abortion. This notification could be waived by a judge, and an adult family member did not have to give permission, but simply had to be notified.

Now, 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. The decision to notify your parent or guardian is entirely up to you. Minors in Illinois have the authority to consent to other aspects of reproductive health care, such as contraception and STI treatment, and there is no state law requiring disclosure to parents.

Illinois law also guarantees the right to confidentiality in abortion care, regardless of age.

Public and private funding available

Illinois law ensures that abortion is legal for all people. Abortion funds are available to provide financial and logistical help to those who cannot afford the cost of the procedure and other related expenses, including travel.

Public Funding

Illinois Medicaid and most private health insurance plans are required to cover abortion care. The Reproductive Health Act (RHA) guarantees private insurance coverage for abortion services. The RHA was signed into law in 2019 by Governor Pritzker, who also signed HB4664, a reproductive rights and gender-affirming care omnibus bill that expands health care access and options across the state.

Private Funding

There are also private organisations that may be able to help with abortion costs. Some clinics may also provide financial assistance. The following organisations provide funding for people seeking abortions in Illinois:

• Chicago Abortion Fund
• Midwest Access Coalition
• Midwest Access Project
• Hoosier Abortion Fund
• Iowa Abortion Access Fund
• Health Justice Network
• Reproductive Access Fund

No waiting period, ultrasound or lecture 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 protected regardless of age, gender identity, gender expression, sexual orientation, sexual behavior, class, immigration status, race, ethnicity, language ability, or disability status.

Illinois law also protects the right to keep your abortion confidential, regardless of 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 law does not force patients to endure a waiting period, view an ultrasound, or listen to a lecture filled with misinformation to have an abortion. This means that, unlike in other states, you will not need to navigate obstacles such as waiting periods, ultrasounds, or state-sponsored lectures containing misinformation.

In addition, Illinois Medicaid and most private health insurance plans are required to cover abortion care. If you have an Illinois-based private insurance plan, you can check whether abortion care is covered. There are also private organizations that may be able to help with abortion costs, and some clinics may provide financial assistance.

Frequently asked questions