{"id":376103,"date":"2016-03-31T21:36:32","date_gmt":"2016-04-01T02:36:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/rhode-island-law\/rhode-island-abortion-laws.html"},"modified":"2024-10-22T09:38:21","modified_gmt":"2024-10-22T14:38:21","slug":"rhode-island-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/rhode-island-law\/rhode-island-abortion-laws.html","title":{"rendered":"Rhode Island Abortion Laws"},"content":{"rendered":"\n
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Rhode Island Abortion Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/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 Rhode Island until fetal viability. Thereafter, abortion is legal only if it is necessary to preserve the health or the life of the pregnant patient.<\/p>\r\n

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

In June 2022, the U.S. Supreme Court reversed Roe v. Wade<\/i><\/a> in Dobbs v. Jackson Women’s Health Organization<\/i><\/a>. <\/i>The Court’s 6-3 majority found that Roe was wrongly decided and that the constitutional right to privacy does not protect the decision to have an abortion.<\/p>\r\n

The Dobbs<\/i> case overturned decades of caselaw supporting the right to abortion prior to fetal viability. It returned to the states the power to regulate or even prohibit abortion.<\/p>\r\n

In 2019, Rhode Island passed the Reproductive Privacy Act<\/a>, codifying the holding of Roe<\/i> and permitting abortions until viability under state law. The Dobbs<\/i> case had no immediate impact on abortion care in Rhode Island.<\/p>\r\n

Rhode Island Abortion Laws: Overview<\/b><\/h2>\r\n

Although Rhode Island law provides protections for abortion access, it contains certain restrictions found in other state abortion laws<\/a>. These include laws on informed consent and parental consent when a minor seeks an abortion.<\/p>\r\n

The Rhode Island state constitution does not grant or deny any right to abortion or abortion funding. As a result, the General Assembly sets reproductive rights law based on the statutes it enacts.<\/p>\r\n

In 2019, Rhode Island repealed its criminal laws related to abortion. It approved the Reproductive Privacy Act at the same time. Under the Act, the state cannot restrict or interfere with a patient’s right to abortion before fetal viability. Although physicians dispute<\/a> that there is a specific bright line for fetal viability, lawmakers often see it as between 23-25 weeks into a pregnancy.<\/p>\r\n

Rhode Island law provides some discretion. It defines viability<\/a> as the "stage of gestation when the attending physician, taking into account all of the facts of the case, has determined that there is a reasonable likelihood of the fetus’ sustained survival outside the womb with or without artificial support."<\/p>\r\n

After fetal viability, the prohibition on abortion can be overcome if the physician finds that it’s necessary to preserve the life or health of the patient<\/a>. Rhode Island law requires a physician who performs an abortion post-viability to provide the basis for their medical judgment in the patient’s medical records.<\/p>\r\n

Rhode Island maintains laws that require informed and written consent for any patient seeking an abortion. As part of the consent process, the physician or their representative must disclose to the patient that she is pregnant<\/a> and the gestational age of the fetus.<\/p>\r\n

They must explain the medical procedure of the abortion<\/a> and known material, medical risks. The consent form that the patient signs must also contain a statement related to alternatives such as foster care and adoption should she choose to carry the pregnancy to term.<\/p>\r\n

In the case of an unmarried and unemancipated minor under 18 years of age, the law requires the consent of a parent or legal guardian. The minor patient can seek a judicial bypass option<\/a>. If a court finds that parental consent isn’t in her best interest or that she is mature enough to make her own decision, the court can waive it.<\/p>\r\n

Rhode Island maintains state law protections for health care providers who choose not to participate in abortion or sterilization services. This may be due to religious or moral reasons.<\/p>\r\n

In 2023, state lawmakers approved and Governor Daniel McKee signed the Equality in Abortion Coverage Act<\/a>. The law expanded health insurance coverage in state Medicaid or state employee insurance plans to include abortion.<\/p>\r\n

The federal Hyde Amendment<\/a> prohibits the use of federal funds for abortion except in cases where the abortion is a result of rape, incest, or necessary to save the patient’s life. The Equality in Abortion Coverage Act repealed the prior Rhode Island funding restrictions and now permits the use of state funds to pay for abortion care under these plans.<\/p>\r\n

Rhode Island Abortion Laws at a Glance<\/h2>\r\n

The following chart contains details of the abortion laws in Rhode Island, with links to related sources. See FindLaw’s Abortion section<\/a> section for additional articles.<\/p>\r\n\r\n

Rhode Island Abortion Laws<\/b><\/p>\r\n<\/th>\r\n

Rhode Island Constitution<\/b><\/p>\r\n

Article I – Declaration of Rights<\/p>\r\n

When Is Abortion Legal?<\/b><\/p>\r\n<\/th>\r\n

Abortion is legal in Rhode Island until fetal viability. Thereafter, abortion is legal only if it is necessary to preserve the health or the life of the pregnant patient.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty for Unlawful Abortion<\/b><\/p>\r\n<\/th>\r\n

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  • A physician or health care provider who violates the informed consent, parental consent, or limitations on post-viability abortion may face charges of "unprofessional conduct," professional discipline, or civil lawsuit<\/li>\r\n
  • It is a felony for a healthcare provider to fail to provide reasonable medical care and treatment to any infant born alive as part of an abortion procedure<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Consent Requirements<\/b><\/p>\r\n<\/th>\r\n