Wisconsin Abortion Laws
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 22, 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 illegal in Wisconsin unless necessary to save the life of the mother.
Introduction
In June 2022, the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, which returned to the states the power to regulate, even prohibit, abortion. Wisconsin has a law from 1849 on the books that prohibits all abortions. That law is currently subject to legal challenges. This area of law is highly fluid.
Below is a summary of Wisconsin abortion laws. See FindLaw's Abortion section for more general information, including the history of abortion law in the U.S.
| Code Section | 940.04 |
| Statutory Definition of Illegal Abortion | (1) Intentionally destroys life of unborn child; (2) causes death of mother during procedure; |
| Statutory Definition of Legal Abortion | Necessary to save life of mother or advised by two other M.D.s as necessary |
| Penalty for Unlawful Abortion | Person other than mother performs abortion: Class H felony; mother dies or intentionally destroys life of unborn quick child: Class E felony |
| Physician Licensing Requirements | Licensed M.D., licensed maternity hospital except in medical emergency |
Note: State laws are constantly changing — contact a Wisconsin attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Abortion Laws:
Next Steps: Search for a Local Attorney
Contact a qualified attorney.