Idaho Abortion Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 22, 2024
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Summary
Idaho law creates a near-total abortion ban on all healthcare providers within the state of Idaho. In 2023, Idaho lawmakers passed the Defense of Life Act which allows doctors to perform an abortion to save the life of the mother or in cases of rape or incest.
Introduction
The decision to get an abortion is difficult for women who find themselves with an unplanned pregnancy. Many individuals support or oppose abortion rights for religious or personal reasons. The abortion debate in America focuses on a woman’s reproductive rights under the Constitution and how much interference the government should have regarding abortions.
As of October 2024, thirteen states have total or near-total bans on abortion. These states include:
- Alabama
- Arkansas
- Idaho
- Indiana
- Kentucky
- Louisiana
- Mississippi
- Missouri
- Oklahoma
- South Dakota
- Tennessee
- Texas
- West Virginia
Some of these states are similar to Idaho in that they offer a few exceptions to the abortion ban. However, state law imposes severe restrictions on doctors and other abortion care professionals. This is most apparent for any abortions after the first trimester.
Brief History of Idaho’s Abortion Laws
Americans have long disagreed on a woman’s right to have an abortion. For decades, large groups of people opposing a woman's right to choose have picketed outside of abortion providers and Planned Parenthood offices, attempting to intimidate workers and would-be patients.
In 2020, the legislature enacted Idaho’s abortion ban, which criminalized abortions except in cases of rape or incest. The law didn’t go into effect for 30 days after the U.S. Supreme Court returned abortion regulation to the states.
In 2021, Idaho enacted its "fetal heartbeat" law, which allowed certain people to file civil actions against abortion providers. who performed an abortion after the point at which they alleged to detect fetal cardiac activity. This is claimed at six weeks, which is before the heart is formed.
On June 24, 2022, the U.S. Supreme Court overturned Roe v. Wade by returning the power to regulate and prohibit abortion to the states in Dobbs v. Jackson's Women's Health Organization.
What Were the Implications of Idaho’s New Abortion Law?
The new law took effect in May 2023 when Governor Brad Little signed the bill. This new law goes a long way toward offering protection to women whose lives are in imminent danger due to a dangerous or life-threatening pregnancy.
Whether you live in Boise or Pocatello, your right to have an abortion remains restricted. However, the new law carves out specific exceptions for abortion doctors in the state of Idaho.
According to Idaho statute §18-622, or the “Defense of Life Act,” doctors may perform abortions in the following situations:
- The abortion is medically necessary to preserve the health of the mother or the death of the pregnant woman
- The doctor does everything possible to maintain the fetus’ survival
- The pregnancy was the result of rape or incest and the woman reported the incident to law enforcement
- A minor female became pregnant due to rape or incest, and their parent or guardian reported the incident to law enforcement or Child Protective Services
Idaho’s Abortion Laws at a Glance
The Idaho legislature enacted its “trigger ban” on January 5, 2023. It did not take effect until the Idaho Supreme Court upheld the law. The following table outlines the main abortion laws in Idaho.
Idaho Abortion Code Sections |
Idaho Statutes Idaho Code Title 18: Crimes and Punishments Chapter 6: Abortion and Contraceptives |
|---|---|
When is Abortion Legal? |
Abortion is illegal in Idaho unless it’s necessary to save the life of the mother. The legislature made exceptions in cases of rape or incest where the pregnant female reported the incident to law enforcement. The pregnant woman must submit a copy of this report to their healthcare provider before the abortion procedure. It is also illegal under Idaho’s Abortion Trafficking law to recruit, harbor, or transport a minor to receive an abortion from an Idaho abortion doctor or an out-of-state doctor. For example, if a relative or friend takes a minor to Washington or Oregon to get an abortion, they will face criminal penalties under Idaho law. The fact that the abortion took place out of state is not a defense to this crime. However, parental consent is an affirmative defense to this crime. According to Idaho Statute §18-608, anyone guilty of this offense will face two to five years imprisonment. |
What is the punishment for an illegal abortion? |
A licensed medical provider who provides supplies, administers drugs, or uses an instrument with the intent to produce an abortion is guilty of a felony. The penalty for this offense is a suspension of their medical license for at least six months and anywhere from two to five years in prison. For subsequent offenses, the license suspension will be permanent.
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Disclaimer: Idaho laws can change often, as evidenced by the U.S. Supreme Court decisions on abortion. It’s best to contact an attorney or conduct legal research to verify Idaho's current reproductive rights laws.
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Contact a Lawyer in Idaho for Help
If a physician or other agency in Idaho denies you the right to an abortion, speak with an experienced local healthcare or constitutional rights lawyer. Depending on your situation, the law may protect your rights to abortion access.
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