{"id":377272,"date":"2016-03-31T21:37:19","date_gmt":"2016-04-01T02:37:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-abortion-laws.html"},"modified":"2024-09-09T18:43:54","modified_gmt":"2024-09-09T23:43:54","slug":"wisconsin-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-abortion-laws.html","title":{"rendered":"Wisconsin Abortion Laws"},"content":{"rendered":"\n
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Wisconsin 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 Wisconsin until the 20th week of pregnancy as determined by a licensed physician. After that, abortion is only legal when a patient’s doctor finds it necessary due to a medical emergency to avert the patient’s death or a substantial and irreversible impairment of a major bodily function.<\/p>\r\n

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

In June 2022, the U.S. Supreme Court overruled Roe v. Wade<\/i><\/a> in Dobbs v. Jackson Women’s Health Organization<\/i><\/a>, which returned to the states the power to regulate and even prohibit abortion.<\/p>\r\n

The Dobbs <\/i>decision overturned decades of case precedent and reliance on a constitutional right to privacy that included abortion.<\/p>\r\n

In 2022, Wisconsin had a law from 1849 on the books that appeared to ban nearly all abortions. The legislature had amended but never repealed the law. It was unenforceable, while Roe<\/i> was the law of the land. Yet, Wisconsin also had two other abortion statutes. There was one from 1985 that banned most abortions after fetal viability and one from 2016 that banned abortion at 20 weeks of pregnancy.<\/p>\r\n

As a result of the confusion, abortion providers in Wisconsin shut down immediately after Dobbs<\/i>.<\/p>\r\n

Abortion Law: A Political Battlefield<\/h2>\r\n

In June 2022, with the U.S. Constitution no longer protecting abortion access as part of the right to privacy, Wisconsin had multiple laws addressing abortion. Because the State Assembly had a habit of not repealing former abortion laws when it enacted new ones, there were questions about which abortion law to follow after Dobbs<\/i>.<\/p>\r\n

In 2016, the state enacted an abortion law based on state legislators’ conclusions related to what time in a pregnancy a fetus can experience pain. At the time, the Republican Party held majorities in the Wisconsin legislature, and the Governor was also Republican. This law banned abortions if the probable postfertilization age of the fetus or unborn child was 20 weeks or more. It allowed exceptions in cases of medical emergency where an abortion was necessary to avert death or for which a 24-hour delay of an abortion will create a serious risk of substantial and irreversible impairment of a major bodily function.<\/p>\r\n

In 2018, Republican Gov. Scott Walker lost his re-election bid to current Democratic Gov. Tony Evers. In his political career, Walker opposed legal abortion, including in cases of rape and incest. He signed the bill that became the 2016 abortion law. Evers staked out a pro-choice position, supporting abortion rights in line with Roe<\/i>. As a result of Evers’ election and his use of the veto, the Republican-dominated legislature could no longer pass new abortion restrictions.<\/p>\r\n

In 2022, Wisconsinites gave Evers a second term. They also elected a Democratic justice to the state’s divided supreme court, causing the court’s majority to flip in favor of Democrats, 4-3.<\/p>\r\n

After Dobbs<\/i>, Wisconsin’s Democratic Attorney General Josh Kaul brought a lawsuit to challenge the 1849 abortion ban and provide clarity for abortion rights. In July 2023, Dane County Judge Diane Schlipper issued a preliminary ruling that the 1849 law addressed feticide and not consensual abortion. As a result, abortion clinics re-opened.<\/p>\r\n

In December 2023, Schlipper issued a final ruling<\/a> confirming her findings that the 1849 law (now Wisconsin Statute 940.04) did not apply to voluntary abortions. She relied upon a previous state supreme court decision, State v. Black<\/i> that found that the statute banned feticide.<\/p>\r\n

Sheboygan County District Attorney Joel Urmanski, who had indicated a willingness to prosecute physicians under the law, appealed the ruling to the higher courts. This left the 2016 ban at 20 weeks as the last abortion law in effect in the state.<\/p>\r\n

In July 2024, the Wisconsin Supreme Court<\/a> agreed it would hear two lawsuits on abortion. They are the challenge to the 1849 abortion law and a broader suit seeking a declaration that the Wisconsin state constitution protects the right to an abortion.<\/p>\r\n

Wisconsin Abortion Restrictions<\/h2>\r\n

Aside from the current 20-week abortion ban, Wisconsin law contains other restrictions related to abortion services. Past legal battles have removed some restrictions, but many remain. These include an informed consent law, laws regulating medication abortion, and a parental consent rule for minors seeking abortion care.<\/p>\r\n

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

Below is a summary of Wisconsin abortion laws. See FindLaw’s Abortion Law<\/a> section for more information, including the history of abortion law in the U.S.<\/p>\r\n\r\n
Relevant Wisconsin abortion laws<\/th>\r\n

Wisconsin Statutes<\/b><\/p>\r\n

Children’s Code<\/p>\r\n

When is abortion legal?<\/th>\r\nAbortion is legal in Wisconsin until the 20th week of pregnancy as determined by a licensed physician. After that, abortion is only legal when a patient’s physician finds it necessary due to a medical emergency to avert the patient’s death or a substantial and irreversible impairment of a major bodily function.  <\/td>\r\n<\/tr>
Waiting period and consent requirements<\/th>\r\n

Adults:<\/b> Absent a medical emergency, the physician must get written, informed and voluntary consent from the pregnant person. They must meet with the patient at least 24 hours before the abortion procedure or treatment and inform the patient of the pregnancy, the probable age and development status of the fetus, medical risks associated with pregnancy and the abortion procedure or treatment, and the state law rule for an ultrasound. The abortion provider or their staff must also provide access to printed materials from the state and discuss options such as keeping the child, foster care, and adoption. They must go over possible financial help and support for the child if the patient elects to complete the pregnancy.<\/p>\r\n

Minors:<\/b> Absent a medical emergency, a physician must complete the informed and voluntary consent provisions above with the minor and the minor’s parent or representative at least 24 hours in advance of any abortion procedure or treatment. There are exceptions in cases of child abuse, sexual assault, and a process for a minor to seek a waiver of parental consent from a judge. <\/p>\r\n<\/td>\r\n<\/tr>

Penalty for unlawful abortion<\/th>\r\n

Nonconsensual abortion (feticide) is a Class H felony, punishable by six years in prison and\/or a fine of up to $10,000.<\/p>\r\n

If the act involves a viable fetus or results in the death of the mother, then the offense is a Class E felony, punishable by up to 15 years in prison and a fine of up to $50,000.<\/p>\r\n

Performing or inducing an abortion when a fetus has reached a postfertilization age of 20 weeks or older is a Class I felony, punishable by up to three years and six months in prison and a fine of up to $10,000.<\/p>\r\n

Any non-physician who performs or induces an abortion can also face a Class I felony charge.<\/p>\r\n

The pregnant patient on whom an abortion is performed or induced can’t face criminal charges for termination of the pregnancy. <\/p>\r\n<\/td>\r\n<\/tr>

Physician licensing requirements<\/th>\r\nOnly licensed physicians can perform or authorize abortion treatment and care.  <\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are constantly changing \u2014 consider talking with an attorney or conducting your own legal research to verify the status of any state law(s) you are reviewing.<\/i><\/p>\r\n

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

Wisconsin’s 20-week abortion ban falls right in the middle of most state laws. Some 17 states have passed near-total abortion bans since the Dobbs<\/i> case removed federal protections for abortion.<\/p>\r\n

States with less-restrictive abortion laws generally surround Wisconsin. Minnesota places no restrictions on abortion throughout pregnancy. Illinois and Michigan fall into the majority of states that allow legal abortion at least until fetal viability.<\/p>\r\n

In contrast, nearby Iowa enacted a fetal heartbeat law, banning most abortions at about six weeks into a pregnancy.<\/p>\r\n

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

In 2000, the U.S. Food and Drug Administration (FDA) approved the use of mifepristone<\/a>, one of two drugs commonly used in medication abortion. More recently, the FDA modified its rules to expand access to mifepristone through telehealth services and the delivery of prescriptions through the mail.<\/p>\r\n

Today, medication abortion accounts for some 63% of abortions<\/a> in the U.S. Use of the drug must happen within the first 10 weeks of pregnancy.<\/p>\r\n

In 2022, abortion opponents filed a federal lawsuit in Texas to overturn the FDA’s actions. A separate federal lawsuit was filed by states where abortion remains legal who sought to maintain access to abortion pills.<\/p>\r\n

In 2024, the U.S. Supreme Court<\/a> ruled that the abortion opponents, physicians who did not perform abortions or prescribe abortion drugs, had no standing to challenge the FDA decisions. As a result, the use of medication abortion remains legal.<\/p>\r\n

Research the Law:<\/b><\/h2>\r\n