{"id":375839,"date":"2016-03-31T21:36:25","date_gmt":"2016-04-01T02:36:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oregon-law\/oregon-abortion-laws.html"},"modified":"2024-10-18T11:17:55","modified_gmt":"2024-10-18T16:17:55","slug":"oregon-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oregon-law\/oregon-abortion-laws.html","title":{"rendered":"Oregon Abortion Laws"},"content":{"rendered":"\n
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Oregon Abortion Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last reviewed\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 Oregon at all stages of a pregnancy.<\/p>\r\n

Oregon abortion laws<\/a> have few restrictions on patients seeking the procedure. Oregon does not have a waiting period before abortion care or treatment. Oregon doesn’t require parental consent for patients 15 or older.<\/p>\r\n

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

In 2022, the U.S. Supreme Court overruled Roe v. Wade<\/i><\/a> in the case of Dobbs v. Jackson Women’s Health Organization<\/i><\/a>. In Dobbs<\/i>, the Court’s conservative majority ended the constitutional right to abortion in Roe<\/i>. The Court’s ruling returned to the states the power to regulate and even ban abortion.<\/p>\r\n

The Dobbs<\/i> decision had no immediate impact on Oregonians. State lawmakers had recognized abortion rights in state law, removing restrictions and allowing insurance coverage for abortion and contraception.<\/p>\r\n

In 2017, the Oregon legislature passed the Reproductive Health Equity Act<\/a>. This state law affirmed the right to abortion and required most private insurers to provide coverage for abortion at no cost. It also set state coverage of abortion services for those who would otherwise be eligible but for their immigration status.<\/p>\r\n

In 2023, the state approved House Bill 2002<\/a> which gave a broader right to reproductive health care and extended health insurance coverage for gender-affirming care. The law also included protections to shield health care providers from civil or criminal liability for treating out-of-state patients for abortion services.<\/p>\r\n

In a compromise, lawmakers agreed to remove parental consent for abortion care for patients 15 and older. When a patient under 15 seeks an abortion, an exception to parental consent is possible in two scenarios. Parental consent can get waived when a provider determines that involving a parent or guardian may result in physical or emotional abuse or neglect. Parental consent can also get waived when two health care providers agree that moving forward without consent would be in the minor’s best interests.<\/p>\r\n

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

The details of Oregon’s abortion statutes are in the chart below.<\/p>\r\n\r\n
Relevant Oregon abortion laws<\/th>\r\n

Oregon Revised Statutes<\/b><\/p>\r\n

Title 2: Procedures for Civil Proceedings<\/p>\r\n

When is abortion legal?<\/th>\r\n

Abortion is legal at all stages of pregnancy in Oregon.<\/p>\r\n<\/td>\r\n<\/tr>

Consent requirements<\/th>\r\n

Adult:<\/b> Standard informed consent for any medical service or treatment; no waiting period<\/p>\r\n

Minor:<\/b> For those age 15 and older, standard informed consent is required for any medical service or treatment; there is no waiting period. For those under 15, parental consent required unless a health care service provider:<\/p>\r\n

    \r\n
  • Reasonably believes that involving the minor’s parent or guardian may result in physical or emotional abuse or neglect of the minor or<\/li>\r\n
  • Concludes that required parental involvement would not be in the best interests of the minor for reasons they document and upon concurrence from a health care provider in a separate practice or facility<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Is medication abortion available?<\/th>\r\n

Yes. Oregon allows abortion medication through telehealth services and in-person visits.<\/p>\r\n<\/td>\r\n<\/tr>

Is financial help available?<\/th>\r\n

Yes. Oregon law requires most private insurers to cover abortion services. The Oregon Health Plan (the state Medicaid program) also offers coverage. The Oregon Health Authority<\/a> gives helpful resource information on its website.<\/p>\r\n<\/td>\r\n<\/tr>

Residency requirements for patient<\/th>\r\n

None.<\/p>\r\n<\/td>\r\n<\/tr>

Health care provider licensing requirements<\/th>\r\n

In Oregon, qualified health care professionals can provide abortion services. This may include physicians, physician assistants, and advanced practice nurses.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note<\/b>: State laws change often, either through the passage of new legislation, higher court decisions, and other means. Consider talking to an Oregon attorney or conducting your own legal research to verify the status of any Oregon state laws you are reviewing.<\/i><\/p>\r\n

How Does Oregon Compare With Other States?<\/h2>\r\n

Oregon has fewer restrictions on abortion access than most states. It provides no gestational limit on abortion during pregnancy. These protections for reproductive health care are not likely to change for some time. The governor and the leaders of the state house and state senate are all Democrats who support abortion rights.<\/p>\r\n

The majority of states allow abortion services at least until the time of fetal viability<\/a>. This is when the fetus can survive outside the womb with limited help. Oregon’s neighbor, Washington, allows abortion until fetal viability. After that, Washington only allows abortion when necessary to protect the patient’s life or health.<\/p>\r\n

Some 18 states, including Idaho and Texas, have enacted near-total abortion bans since the Supreme Court decision in Dobbs<\/i>.<\/p>\r\n

A Note About Medication Abortion<\/h2>\r\n

Medication abortion now accounts for some 63% of all abortions<\/a> in the U.S. The increased use of abortion pills began after the Food and Drug Administration (FDA) approved the use of mifepristone in 2000. Mifepristone<\/a> is one of two commonly used abortion drugs taken in the first 10-12 weeks of pregnancy.<\/p>\r\n

In 2022, abortion opponents filed a federal lawsuit in Texas seeking to block the use of mifepristone. They sought to overturn the FDA approval of the drug and its recent rule changes that allowed telehealth services and access through the mail. States where abortion remained legal, and abortion providers opposed the lawsuit.<\/p>\r\n

In 2024, the U.S. Supreme Court<\/a> found that the abortion opponents, physicians who did not perform abortions or prescribe abortion pills, lacked standing to challenge the FDA’s actions. The Court threw out the lawsuit. As a result, legal access to medication abortion remains in place for now.<\/p>\r\n

Oregon Abortion Laws: Related Resources<\/b><\/h2>\r\n

Health care law, and especially the statutes surrounding abortion can be complicated. You can find more information and resources in FindLaw’s sections on Abortion<\/a>, Birth Control<\/a>, and Health Care Law<\/a>. Oregon also offers comprehensive information on reproductive rights at the Oregon Health Authority<\/a>.<\/p>\r\n

Learn More About Oregon Abortion Laws from a Lawyer<\/b><\/h2>\r\n

Abortion laws are constantly debated in Congress and at the state level. Sometimes, these laws can confuse you \u2014 particularly in a changing political climate.<\/p>\r\n

When struggling with an important concern like reproductive health care, consider getting legal advice from a professional. Contact a local health care attorney<\/a> to review your rights and responsibilities under Oregon’s abortion laws.<\/p>\r\n

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