Arizona Abortion Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 31, 2022
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
Summary
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.
Introduction
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 | - |
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
Was this helpful?
Next Steps: Search for a Local Attorney
Contact a qualified attorney.