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Arizona Abortion Laws

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. 

Meanwhile, in 2022, Arizona banned all abortions after 15 weeks, with exceptions for the life of the mother, effective in late September 2022. That bill did not expressly repeal the 1901 law, which gives rise to some confusion. As of July 7, 2022, the Arizona House is considering a bill to repeal the 1901 law. This area of law is highly fluid.

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 -

Note: State laws are constantly changing -- contact an Arizona constitutional attorney or health care attorney, or conduct your own legal research to verify the state law(s) you are researching.

Arizona Abortion Laws: Related Resources

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