Arizona Abortion Law: Effective Date And What To Expect

Abortion rights in Arizona have been a topic of legal debate and public discourse for several years, with the state's complex history of abortion laws and ongoing court cases creating a dynamic landscape. On September 14, 2024, a significant development took place with the repeal of the 1864 near-total abortion ban, which had been deemed enforceable by the Arizona Supreme Court earlier that year. This repeal ensured that Arizonans could continue to access abortion care, including medication abortion, up to 15 weeks of gestational age or in cases of medical emergencies. However, the broader context of abortion laws in Arizona remains in flux, with various restrictions and ongoing legal challenges shaping the future of reproductive rights in the state.

Abortion is legal in Arizona up to 15 weeks of pregnancy

After 15 weeks, abortion is still legal if a doctor determines that there is a medical emergency. A medical emergency, in this context, means a situation where immediate abortion care is necessary to avoid the patient's death or when delaying abortion care would create a serious risk of substantial and irreversible impairment of a major bodily function.

It's important to note that Arizona's abortion laws are subject to change due to ongoing court cases and legislative action. Additionally, abortion care is highly regulated in the state, with various requirements that medical providers must adhere to.

The current legal status of abortion in Arizona is a result of recent changes. On April 9, 2024, the Arizona Supreme Court ruled that a pre-statehood, near-total abortion ban from 1864 was enforceable. However, this ruling was temporarily stayed until a legislature-approved repeal took place on September 14, 2024, ensuring that the territorial ban would not become law again in Arizona.

Medication abortions are allowed in Arizona

The medication abortion drug mifepristone is legal in Arizona. Mifepristone is the first of two drugs used in medication abortions. It blocks the hormone progesterone in the uterus, causing changes that prevent the pregnancy from continuing. The second drug, misoprostol, is taken within 48 hours of mifepristone, as directed by a medical provider, and causes the uterus to empty.

Medication abortions in Arizona are subject to several restrictions. Firstly, medication abortion drugs must be acquired, prescribed, and dispensed in-person by a qualified physician. They cannot be provided through a courier, delivery, or mail service, nor can they be obtained via telehealth or prescriptions by mail. Additionally, minors seeking a medication abortion in Arizona must have the written and notarized consent of a parent or guardian, or obtain authorization from a judge through a process called "judicial bypass".

It is important to note that the law surrounding abortion in Arizona is subject to change due to ongoing court cases and legislative action. While medication abortions are currently allowed, the laws and regulations surrounding this issue may evolve in the future.

Arizona's 1864 near-total abortion ban was repealed on September 14, 2024

The road to the repeal was not without obstacles. In April 2024, the Arizona Supreme Court ruled that the 1864 law, which criminalized nearly all abortions, was enforceable. This decision caused uncertainty for Arizonans, as they awaited the implementation of the near-total ban. The court, however, granted a temporary stay, effectively pausing the enforcement of the 1864 ban until September 23, 2024.

In response to the Supreme Court's ruling, Governor Hobbs urged the state legislature to take swift action to undo the ban. Initially, these efforts were derailed by Republican lawmakers, who held a narrow majority in both chambers. Despite these challenges, the repeal legislation was passed in the House with the support of three Republicans. The bill then advanced to the Senate, where it gained final approval with the support of two GOP senators.

The successful repeal of the 1864 ban was a significant moment in Arizona's ongoing battle over abortion rights. With the territorial ban no longer in effect, Arizona law allows abortions until 15 weeks, with an exception for situations where the mother's life is in danger. However, there are no exceptions for cases of rape or incest after the 15-week mark.

The fight for reproductive rights in Arizona continues, with advocates working to get abortion rights on the ballot for the November 2024 election. The Arizona Abortion Access Act aims to enshrine the right to abortion in the state's constitution, giving voters the final say on this critical issue.

Abortion is allowed in cases of medical emergency

In June 2022, Roe v. Wade was overturned by the Dobbs v. Jackson Women's Health Organization ruling. This removed the Roe protections that had prevented a pre-statehood law from taking effect. The pre-statehood law, which was enacted in 1864, indicates that abortions are allowed when necessary to save the mother's life.

On April 9, 2024, the Arizona Supreme Court ruled that the 1864 near-total abortion ban was enforceable. However, on May 2, 2024, Governor Katie Hobbs signed H.B. 2677, which repealed the 1864 ban. This repeal took effect on September 14, 2024, before the 1864 ban could be enforced, meaning that abortion care up to 15 weeks gestational age or in cases of medical emergency will continue to be accessible in Arizona.

It is important to note that the pre-statehood law does not provide exact criteria to help providers determine when an abortion is legally allowable. This raises legal questions and could make it challenging for doctors to discern when a medical emergency is severe enough to warrant an abortion without legal repercussions.

The current status of abortion laws in Arizona allows abortions up to 15 weeks of pregnancy or in cases of medical emergency.

Minors can get an abortion in certain circumstances

Minors can get an abortion in Arizona under certain circumstances. Firstly, they can get an abortion if they have the written and notarized consent of one of their parents or their guardian or conservator. Secondly, if a minor cannot or does not want to ask their parent or guardian, they can go through a process called "judicial bypass". This is where a judge from the Arizona Superior Court authorizes a physician to perform the abortion without the consent of the minor's parent or guardian.

To obtain permission for an abortion from a judge, a minor must visit the Superior Court in the county where they live and file an application (also known as a petition) at the Clerk of the Court's Office. They will then meet in private with a clerk who is specifically trained in this process. Once the minor has completed the application, the clerk can assign a lawyer who will represent them at no charge. The clerk will then take the application to the judge, who may hear the case right away. If that is not possible, a notice of a hearing will be given to the minor. It will tell them the time and day of their hearing.

During the hearing, the judge will probably ask the minor some questions to decide if they are mature enough to make the decision to have an abortion themselves or if an abortion would be in their best interest. Some questions that might be asked are:

• Are you aware of existing alternatives to abortion, including adoption and parenting?
• How did you make the decision to have an abortion?
• Are you aware of how an abortion is done, and do you understand the possible medical risks?
• Does your partner know that you are pregnant?
• How does your partner feel about the pregnancy?
• What kind of relationship do you have with your parents?
• Why are you unwilling or unable to talk to your parents about your pregnancy?
• What do you believe would happen if you told them?
• Do you have reason to believe they would react negatively due to something that has happened in the past?
• Do you work? If so, where and when do you work, and how much money do you make?
• Do you go to school? If so, are you a good student?
• What are your future plans (school, job, etc.)?
• How are you going to pay for the abortion?
• Do you know what would happen if you had a medical complication?
• What do you know about birth control?
• Are you planning to use it in the future?

After the hearing, the judge will decide whether the minor may proceed with their abortion. Usually, the judge makes a decision right away, and the minor is immediately given a written Court Order that tells them what the decision is. If not, the clerk will arrange a way to get the decision to them. If the judge refuses to authorize the abortion, the minor can either appeal the judge's decision or ask their parents for their consent.

It is important to note that the law in Arizona is subject to change. On April 9, 2024, the Arizona Supreme Court ruled that the 1864 near-total abortion ban is enforceable. However, the Legislature passed and Governor Katie Hobbs signed H.B. 2677, which repealed the 1864 ban. That repeal took effect on September 14, 2024, and the 1864 ban will not become law again in Arizona.

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