Hawaii Abortion Laws

Abortion is legal in Hawaii until fetal viability. After that, termination of a pregnancy is legal only if necessary to protect the life or health of the pregnant person.

Hawaii Abortion Law After Dobbs

In 2022, the U.S. Supreme Court overturned its longstanding case Roe v. Wade (1973), which first recognized the right to an abortion. In Dobbs v. Jackson Women's Health Organization, the Court's 6-3 majority held that Roe was wrongly decided and that the constitutional right to privacy does not include the decision to terminate a pregnancy.

The Court's decision in Dobbs reversed decades of precedent, upending abortion rights throughout the U.S. It returned to the states the power to regulate and even prohibit abortion.

In Hawaii, Dobbs had no immediate effect. Hawaiian lawmakers had legalized abortion in 1970, three years before Roe declared abortion a fundamental right. This state law remained active when the Dobbs decision came down.

State Law Protections in Hawaii

Hawaii abortion laws are less restrictive than those in several other states. Other jurisdictions often require consent requirements and other statutory obstacles.

In 1970, Hawaii became the first state in the nation to protect abortion access in state law. In 1971, it repealed its criminal penalties associated with abortion. As a result, Hawaii law bans state interference in a pregnant person's decision to have an abortion before fetal viability. After that, the law permits a pregnant person to terminate their pregnancy when necessary to protect their life or health.

Hawaii also has a state constitutional right to privacy. Although it does not explicitly identify abortion or contraception, it may provide yet another source of protection for the decision to end a pregnancy.

In October 2022, after the fall of Roe, former Gov. David Ige issued an executive order emphasizing state support for reproductive health services. The order also pledged non-cooperation with state officials in restrictive states who seek information on out-of-state patients seeking abortion care in Hawaii. Likewise, the order directs Hawaii government officers not to help other states seeking to prosecute or sanction Hawaii abortion providers for actions that are legal in the Aloha State.

In 2023, Hawaii's Gov. Josh Green signed new laws strengthening and clarifying the state's abortion laws. The state now has a so-called "shield law" that adopted into law provisions of the 2022 executive order. Legislators also removed the requirement that minors get parental consent before abortion services. The state now allows licensed physician assistants to perform medical and surgical abortions in the first trimester of pregnancy.

Hawaii Abortion Laws At A Glance

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

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state laws you are reviewing.

How Hawaii Compares With Other States

Hawaii's abortion laws contain no restrictions on a patient's right to terminate a pregnancy of a nonviable fetus. The state defines a nonviable fetus as one that does not have a reasonable likelihood of sustained survival outside the uterus. After fetal viability, the state can't interfere if pregnancy termination is necessary to protect the life or health of the patient.

Hawaii's law aligns with most states (including California and Washington) by not restricting abortion access until after fetal viability. In Hawaii, the state senate and house both have Democratic Party majorities. The governor is also a Democrat who supports abortion rights. So, there is no immediate threat that the state will adopt an abortion ban.

In contrast, some 18 states (including Idaho and Texas) now ban nearly all abortions. Other states may restrict abortion procedures after 12, 15, or 18 weeks of pregnancy.

A Note About Medication Abortion

In 2000, the Food and Drug Administration (FDA) approved the use of mifepristone, one of two drugs commonly used in abortion pills. Since then, the FDA has documented the drug's safety and expanded access via telehealth and prescriptions through the mail.

Medication abortion occurs in the first 10-12 weeks of pregnancy. It has become the most common abortion method in the U.S. A recent study found that abortion medication accounts for 63% of all abortions.

In 2022, abortion opponents filed a federal lawsuit to overturn the FDA approval of mifepristone and curtail use of the drug. States where abortion remains legal brought a countersuit.

In 2024, the U.S. Supreme Court took up the case. In a unanimous opinion, the Court ruled that the abortion opponents, physicians who did not perform abortions or prescribe abortion pills, had no standing to object to the FDA actions. It threw out the case. As a result, medication abortion remains legal.

Research the Law

• Hawaii Law
• Hawaii Legal Research
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

Hawaii Abortion Laws: Related Resources

• What Are Reproductive Rights?
• Hawaii Health: Family Planning Services
• Birth Control

Have More Questions On Abortion Law? Speak To An Attorney

Confronting an unexpected or unwanted pregnancy can be daunting. The decision of whether to carry a pregnancy to term has emotional and financial consequences.

If you have continued questions about an abortion-related matter or simply want to better understand all your options, consider seeking legal advice. An experienced family law attorney can answer your questions and help you find the best way forward.