Skip to main content

Are you a legal professional? Visit our professional site

Guided Legal Forms & Services: Sign In

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Hawaii Abortion Laws

Hawaii abortion laws are, generally speaking, less restrictive than those in many other states. Other jurisdictions often require consent requirements and other statutory obstacles. That said, Hawaii does require a licensed doctor to perform the procedure. But then all states have at least some form or abortion restrictions.

The table below lists the basic provisions of Hawaii's abortion laws. See Abortion Laws and Abortion Rights FAQs to learn more.

Code Section 453-16
Statutory Definition of Illegal Abortion Failure to meet standards for legal abortion
Statutory Definition of Legal Abortion Terminate pregnancy of nonviable fetus
Penalty for Unlawful Abortion Fine to $1,000 and/or imprisonment to 5 years
Consent Requirements -
Residency Requirements for Patients -
Physician Licensing Requirements Licensed M.D. or osteopath, licensed hospital

Note: State laws are constantly changing -- contact a Hawaii attorney or conduct your own legal research to verify the state law(s) you are researching.

Abortion Laws and Roe v. Wade

Abortion was legalized by the U.S. Supreme Court (Roe v. Wade) in 1973, defining the rights of the mother and the interests of the state into three 12-week trimesters. The Court ruled that the state can't regulate the procedure in the first trimester beyond certain requirements that it be performed in a medically safe facility by a licensed physician. Roe made it possible for women to terminate their pregnancies for virtually any reason within certain gestational time limits.

However, many states have placed additional legislative restrictions on abortion, resulting in a patchwork of drastically different state laws. Since Roe, abortion has come under scrutiny by lawmakers and abortion opponents who have pushed for stricter abortion laws over the past several decades.

For instance, the 1992 case of Planned Parenthood v. Casey upheld a woman's right to legal abortion, but imposed state regulation of other aspects of abortion such as 24-hour waiting periods, informed consent requirements, parental consent provisions, and a record-keeping mandate.

Roe is currently being directly challenged in Dobbs v. Jackson Women's Health. The Supreme Court is expected to rule by June 2022.

Some of the more common abortion restrictions include mandatory waiting periods between initial consultations and the procedure, mandatory ultrasounds; mandatory counseling about abortion and alternatives, licensing restrictions on facilities, and parental consent requirements. Some states, such as California, do not have these additional restrictions.

Research the Law

Hawaii Abortion Laws: Related Resources

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps: Search for a Local Attorney

Contact a qualified attorney.

Begin typing to search, use arrow keys to navigate, use enter to select
Copied to clipboard

Find a Lawyer

More Options