Arizona Abortion Laws
Abortion is legal in Arizona if performed by a physician until the fetus reaches a gestational age of 15 weeks. Thereafter, abortion is legal only to save the life of the mother.
Arizona state politicians have consistently pushed to curb and limit abortion rights via statute. In 1901, prior to statehood, Arizona banned all abortions except those necessary to save the mother's life. That law was enjoined following the Supreme Court's Roe v. Wade decision, which recognized a post-viability right to abortion.
On June 24, 2022, the Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health, returning the issue of abortion regulation to the states. The Attorney General of Arizona, Mark Brnovich, has announced that he will seek to have an injunction on the 1901 law lifted, but for now has agreed not to seek the ban's enforcement.
Meanwhile, in 2022, Arizona banned all abortions after 15 weeks if performed by a physician, with exceptions for the life of the mother, effective in late September 2022. The Arizona Court of Appeals has held that this 15-week ban applies to physicians and the 1901 ban applies to non-physicians.
The main provisions of Arizona abortion laws are highlighted in the table below. See FindLaw's Reproductive Rights section to learn more.
|Code Section||13-3603; 36-2152|
|Statutory Definition of Illegal Abortion||By drug, instrument with intent to procure miscarriage (unless necessary to save mother's life). Partial Birth Abortion: Felony unless to save the life of the mother if no other medical procedure would save the mother's life|
|Statutory Definition of Legal Abortion||Necessary to preserve life of mother|
|Penalty for Unlawful Abortion||Imprisonment 2 to 5 years|
|Consent Requirements||Written consent of one parent or legal guardian if unmarried or unemancipated patient is under 18, except by court order or medical emergency|
|Residency Requirements for Patients||-|
|Physician Licensing Requirements||-|
Arizona Abortion Laws: Related Resources
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