{"id":372835,"date":"2016-03-31T21:35:05","date_gmt":"2016-04-01T02:35:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/hawaii-law\/hawaii-abortion-laws.html"},"modified":"2024-10-08T11:06:55","modified_gmt":"2024-10-08T16:06:55","slug":"hawaii-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/hawaii-law\/hawaii-abortion-laws.html","title":{"rendered":"Hawaii Abortion Laws"},"content":{"rendered":"\n
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Hawaii Abortion Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Abortion is legal in Hawaii until fetal viability. After that, termination of a pregnancy is legal only if necessary to protect the life or health of the pregnant person.<\/p>\r\n

Hawaii Abortion Law After <\/b>Dobbs<\/i><\/h2>\r\n

In 2022, the U.S. Supreme Court overturned its longstanding case Roe v. Wade<\/i><\/a> (1973), which first recognized the right to an abortion. In Dobbs v. Jackson Women’s Health Organization<\/i><\/a>, the Court’s 6-3 majority held that Roe<\/i> was wrongly decided and that the constitutional right to privacy does not include the decision to terminate a pregnancy.<\/p>\r\n

The Court’s decision in Dobbs<\/i> reversed decades of precedent, upending abortion rights throughout the U.S. It returned to the states the power to regulate and even prohibit abortion.<\/p>\r\n

In Hawaii, Dobbs<\/i> had no immediate effect. Hawaiian lawmakers had legalized abortion in 1970, three years before Roe<\/i> declared abortion a fundamental right. This state law remained active when the Dobbs<\/i> decision came down.<\/p>\r\n

State Law Protections in Hawaii<\/h2>\r\n

Hawaii abortion laws<\/a> are less restrictive than those in several other states. Other jurisdictions often require consent requirements and other statutory obstacles.<\/p>\r\n

In 1970, Hawaii became the first state in the nation to protect abortion access in state law. In 1971, it repealed its criminal penalties associated with abortion. As a result, Hawaii law bans state interference in a pregnant person’s decision to have an abortion before fetal viability. After that, the law permits a pregnant person to terminate their pregnancy when necessary to protect their life or health.<\/p>\r\n

Hawaii also has a state constitutional right to privacy. Although it does not explicitly identify abortion or contraception, it may provide yet another source of protection for the decision to end a pregnancy.<\/p>\r\n

In October 2022, after the fall of Roe<\/i>, former Gov. David Ige issued an executive order<\/a> emphasizing state support for reproductive health services. The order also pledged non-cooperation with state officials in restrictive states who seek information on out-of-state patients seeking abortion care in Hawaii. Likewise, the order directs Hawaii government officers not to help other states seeking to prosecute or sanction Hawaii abortion providers for actions that are legal in the Aloha State.<\/p>\r\n

In 2023, Hawaii’s Gov. Josh Green signed new laws<\/a> strengthening and clarifying the state’s abortion laws. The state now has a so-called "shield law" that adopted into law provisions of the 2022 executive order. Legislators also removed the requirement that minors get parental consent before abortion services. The state now allows licensed physician assistants to perform medical and surgical abortions in the first trimester of pregnancy.<\/p>\r\n

Hawaii Abortion Laws At A Glance<\/h2>\r\n

The table below lists the basic provisions of Hawaii’s abortion laws. See Abortion Laws<\/a> and Abortion Rights FAQs<\/a> to learn more general information on this topic.<\/p>\r\n\r\n
Relevant Hawaii abortion laws<\/b><\/td>\r\n

Hawaii Constitution<\/b><\/p>\r\n

Article 1 \u2014 Bill of Rights<\/p>\r\n

When is abortion legal?<\/b><\/td>\r\nAbortion is legal in Hawaii until fetal viability. After that, termination of a pregnancy is legal only if necessary to protect the life or health of the pregnant person.<\/td>\r\n<\/tr>
Consent requirements<\/b><\/td>\r\nStandard informed consent laws apply for abortion procedures or treatment. There are no waiting periods. Minors from age 14 to 17 do not need parental or guardian consent.<\/td>\r\n<\/tr>
Penalty for unlawful abortion<\/b><\/td>\r\nThere are no criminal penalties for abortion in Hawaii.<\/td>\r\n<\/tr>
Is medication abortion available?<\/b><\/td>\r\nYes<\/td>\r\n<\/tr>
Residency requirements for patients<\/b><\/td>\r\nNone<\/td>\r\n<\/tr>
Health care provider licensing requirements<\/b><\/td>\r\n

Abortion care or treatment may be provided by:<\/p>\r\n