Rhode Island Abortion Laws

Abortion is legal in Rhode Island until fetal viability. Thereafter, abortion is legal only if it is necessary to preserve the health or the life of the pregnant patient.

Rhode Island Abortion Law After Dobbs

In June 2022, the U.S. Supreme Court reversed Roe v. Wade in Dobbs v. Jackson Women's Health Organization. The Court's 6-3 majority found that Roe was wrongly decided and that the constitutional right to privacy does not protect the decision to have an abortion.

The Dobbs case overturned decades of caselaw supporting the right to abortion prior to fetal viability. It returned to the states the power to regulate or even prohibit abortion.

In 2019, Rhode Island passed the Reproductive Privacy Act, codifying the holding of Roe and permitting abortions until viability under state law. The Dobbs case had no immediate impact on abortion care in Rhode Island.

Rhode Island Abortion Laws: Overview

Although Rhode Island law provides protections for abortion access, it contains certain restrictions found in other state abortion laws. These include laws on informed consent and parental consent when a minor seeks an abortion.

The Rhode Island state constitution does not grant or deny any right to abortion or abortion funding. As a result, the General Assembly sets reproductive rights law based on the statutes it enacts.

In 2019, Rhode Island repealed its criminal laws related to abortion. It approved the Reproductive Privacy Act at the same time. Under the Act, the state cannot restrict or interfere with a patient's right to abortion before fetal viability. Although physicians dispute that there is a specific bright line for fetal viability, lawmakers often see it as between 23-25 weeks into a pregnancy.

Rhode Island law provides some discretion. It defines viability as the "stage of gestation when the attending physician, taking into account all of the facts of the case, has determined that there is a reasonable likelihood of the fetus' sustained survival outside the womb with or without artificial support."

After fetal viability, the prohibition on abortion can be overcome if the physician finds that it's necessary to preserve the life or health of the patient. Rhode Island law requires a physician who performs an abortion post-viability to provide the basis for their medical judgment in the patient's medical records.

Rhode Island maintains laws that require informed and written consent for any patient seeking an abortion. As part of the consent process, the physician or their representative must disclose to the patient that she is pregnant and the gestational age of the fetus.

They must explain the medical procedure of the abortion and known material, medical risks. The consent form that the patient signs must also contain a statement related to alternatives such as foster care and adoption should she choose to carry the pregnancy to term.

In the case of an unmarried and unemancipated minor under 18 years of age, the law requires the consent of a parent or legal guardian. The minor patient can seek a judicial bypass option. If a court finds that parental consent isn't in her best interest or that she is mature enough to make her own decision, the court can waive it.

Rhode Island maintains state law protections for health care providers who choose not to participate in abortion or sterilization services. This may be due to religious or moral reasons.

In 2023, state lawmakers approved and Governor Daniel McKee signed the Equality in Abortion Coverage Act. The law expanded health insurance coverage in state Medicaid or state employee insurance plans to include abortion.

The federal Hyde Amendment prohibits the use of federal funds for abortion except in cases where the abortion is a result of rape, incest, or necessary to save the patient's life. The Equality in Abortion Coverage Act repealed the prior Rhode Island funding restrictions and now permits the use of state funds to pay for abortion care under these plans.

Rhode Island Abortion Laws at a Glance

The following chart contains details of the abortion laws in Rhode Island, with links to related sources. See FindLaw's Abortion section section for additional articles.

Note: Rhode Island laws are subject to change at any time through the enactment of newly signed legislation or other means. You may want to contact a Rhode Island family law attorney or conduct your own legal research to verify the state law(s) you are reviewing.

How Rhode Island Compares to Other States

In Rhode Island, majorities in the State House and Senate belong to Democrats. The Governor is a Democrat as well. They support reproductive health care rights. The state's abortion law is similar to other neighboring states like Connecticut and Massachusetts. All protect the right of abortion at least through fetal viability.

In contrast, some 18 states, including Texas and West Virginia, have enacted abortion bans under most circumstances since Dobbs. Other states set abortion bans at a specific point in a pregnancy such as 12 weeks (North Carolina, Nebraska), 15 weeks (Arizona), and 18 weeks (Utah). Laws may change as more states put the issue of abortion before the voters.

A Note About Medication Abortion

In 2000, the U.S. Food and Drug Administration (FDA) approved the use of mifepristone, one of two common drugs used in medication abortions. After a period of study and review, the FDA expanded access to mifepristone, including authorization for telehealth appointments and the mailing of prescriptions through the mail.

By 2023, studies reported that medication abortion accounted for some 63% of abortions in the U.S. Ignoring the FDA findings of safety in its use, abortion opponents filed a federal lawsuit in 2022 to ban or limit the use of mifepristone nationwide. At the same time, states where abortion remained legal filed action to protect access to the drug.

The U.S. Supreme Court intervened and took up the case. In June 2024, 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 rulings. As a result, abortion providers such as Planned Parenthood and others can continue to provide patients access to medication abortion at this time.

Research the Law

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

Rhode Island Abortion Laws: Related Resources

• Rhode Island Family Laws
• Birth Control
• Abortion Rights FAQ

Have More Questions? Talk To An Attorney

Abortion decisions can have serious legal and emotional consequences. Navigating abortion laws and seeking out information about abortion providers can be difficult. If you need to get questions answered about your rights and responsibilities, consider speaking to a Rhode Island healthcare law attorney. Their legal advice is invaluable.