Arizona Abortion Laws
By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed November 07, 2024
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Abortion is now recognized as a fundamental right under an amendment to Arizona's state constitution. The amendment was approved by voters in Novermber of 2024, and it allows the procedure up to fetal viability. Previously, abortion in Arizona was legal if performed by a physician before the fetus reached a gestational age of 15 weeks.
This change signifies a shift in Arizona's legal framework, potentially invalidating existing restrictive laws and shaping a future where access to abortion is more aligned with the protections similar to those under Roe v. Wade.
Arizona Abortion Law After Dobbs
Arizona has a long history of restricting abortion rights, starting with an 1864 law banning all abortions except to save the mother's life. This law was blocked by Roe v. Wade in 1973, which established a constitutional right to abortion. In 2022, Arizona passed a law banning abortions after 15 weeks, similar to a Mississippi law. The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overturned Roe, allowing states to regulate abortion again.
Following this, Arizona's then-Attorney General sought to reinstate the 1864 ban, but the Arizona Court of Appeals upheld the 15-week limit instead. This decision is currently pending in the Arizona Supreme Court. Under the Court of Appeals ruling, abortions are permitted up to 15 weeks if performed by a physician, with exceptions for medical emergencies.
Governor Katie Hobbs and Attorney General Kris Mayes, elected in 2022, support reproductive rights. To streamline abortion law enforcement, Governor Hobbs centralized abortion prosecutions under the Attorney General, who has stated she will not pursue them. Additionally, an executive order prevents extradition requests from other states for abortion-related prosecutions.
There is also a legal challenge against a separate Arizona law banning abortions based on genetic abnormalities, with abortion providers arguing it is unconstitutionally vague. This case is ongoing.
A constitutional amendment was included on the 2024. The amendment protects abortion access up to 24 weeks, overriding both the 1864 ban and the 15-week law.
The main provisions of Arizona abortion law prior to the 2024 amendment appear in the table below. The 2024 amendment invalidates sections of the statutory language.
Relevant Arizona Abortion Laws |
Arizona Revised Statutes (ARS), Title 13, Criminal Code
Arizona Revised Statutes (ARS), Title 36, Public Health and Safety, Chapter 20, Abortion, Sections 36-2151 to 36-2164
Chapter 23, Protection of Human Fetus or Embryo, Sections 36-2301 to 36-2326
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When Is Abortion Legal? |
Abortion is legal if performed by a physician until the fetus or unborn child reaches a gestational age of 15 weeks. Thereafter, abortion is legal only when a physician determines that there is a medical emergency, and that the abortion is necessary to save the life of the pregnant woman or to prevent a serious risk of substantial and irreversible impairment of a major bodily function. |
Consent Requirements |
Adult: except in the case of a medical emergency, voluntary and informed consent must be provided prior to abortion care or services; includes in-person meeting with physician at least 24 hours before the procedure where the patient receives information about gestational age, ability to view ultrasound, and access to other information about procedure and options. Minor: same voluntary and informed consent requirements as above; must have consent in writing and notarized by one parent or guardian or conservator; exception for judicial bypass (if court is convinced of minor patient's maturity to give consent or that the procedure is in the minor patient's best interest). |
Penalty for Unlawful Abortion |
Up to two years in prison for a physician (based on 2022 law) or two to five years in prison for a non-physician (based on 1864 law). |
Availability of Medication Abortion? |
Yes. Medication abortion is available in Arizona at this time. |
Residency Requirements for Patients |
No. |
Physician Licensing Requirements |
Only a licensed physician can perform an abortion in Arizona and they must also have admitting privileges to a nearby hospital. |
Note: State laws are constantly changing -- consider speaking with an Arizona family law attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
How Arizona Compares to Other States
In Arizona, abortion laws are aligning with many other states following the acceptance of a constitutional amendment on the 2024 ballot. This amendment protects legal access to abortion up to the point of fetal viability, typically around 22-24 weeks.
States continue to differ in their application of additional restrictions or regulations, such as mandatory waiting periods or requirements for clinics to offer patients the option to view an ultrasound before proceeding with an abortion.
A Note About Medication Abortion
According to the Centers for Disease Control and Prevention (CDC), medication abortions account for some 53% of abortions occurring in the U.S. in 2021.
A court challenge filed in Texas in 2022 seeks to invalidate the Food and Drug Administration (FDA) approval of one of the two drugs used in medication abortions. The FDA approved the use of the drug mifepristone in 2000 as part of a two-drug regimen of abortion pills.
Opponents contest the drug's approval and decisions by the FDA in 2016 and 2021 to amend certain regulations related to its provision. This includes rules for prescribing the drug and distributing it through the mail. A federal district injunction from Texas is on hold. The U.S. Supreme Court is likely to decide the matter. The Court's decision is expected in 2024.
Research the Law
Official State Codes - Links to official online statutes (laws) in all 50 states and D.C.
State Abortion Laws - Summary of abortion law in all 50 states and D.C.
Abortion Law: Related Resources
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