State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Arkansas enforces a near-total abortion ban triggered on June 24, 2022, with the only exception being to save the pregnant woman's life in a medical emergency.
Ark. Code Ann. § 5-61-304(a) · Ark. Const. Amend. 68, § 2 · Arkansas Advocate, 'Lawsuit says Arkansas' near-total ban on abortion violates state's constitution' (Jan. 28, 2026)
Arkansas law contains a deliberate and multi-layered set of internal contradictions around fetal personhood. The criminal code declares an unborn child a 'person' from conception for homicide purposes, the Constitution declares a policy of protecting every unborn child 'from conception until birth,' and the wrongful-death statute permits civil recovery for the death of an unborn child from conception.
Ark. Code Ann. § 5-1-102(13)(B)(i) · Ark. Const. Amend. 68, § 2
A physician may not perform an abortion on an unemancipated minor without the notarized written consent of one parent or legal guardian, unless a medical emergency exists or a court grants a judicial bypass.
Arkansas has no statute requiring spousal consent or notice for abortion.
| Actor | Offense | Penalty |
|---|---|---|
| Physician / abortion provider | Performing or attempting an abortion in violation of the Arkansas Human Life Protection Act (trigger ban) | Unclassified felony; fine up to $100,000, imprisonment up to 10 years, or both; mandatory license revocation by Arkansas State Medical Board |
| Any person who administers drugs or means to cause abortion (pre-Roe statute) | Unlawful abortion under Ark. Code Ann. § 5-61-102 | Class D felony; up to 6 years imprisonment and fine up to $10,000 |
| Any person mailing/distributing abortion-inducing drugs | Unlawful distribution of abortion-inducing drugs via courier, delivery, or mail | Class D felony (under § 20-16-1510 for violations resulting in death); penalties for lesser violations through general criminal provisions |
| Pregnant woman | No criminal liability for obtaining or self-managing abortion (expressly exempt) | None; immune from criminal prosecution and civil suit under multiple statutes |
Amplify Legal v. State of Arkansas (Pulaski County Circuit Court)
Litigation · Active; filed January 2026, dismissed April 2026, revived May 2026 after the Arkansas Supreme Court struck down Act 975 and the circuit judge reversed her dismissal.
If successful, the suit could enjoin the Arkansas abortion ban, potentially restoring abortion access in Arkansas on the terms ordered by the court — possibly reinstating the pre-trigger framework of a 20-week gestational limit or otherwise modifying the ban's scope.
2026 abortion-rights ballot initiative (potential)
Ballot measure · Signature-gathering phase reportedly underway; not yet certified.
If certified and passed, would amend the Arkansas Constitution to override the current statutory ban by establishing a state constitutional right to abortion up to at least 20 weeks, with post-20-week exceptions.
The operative near-total abortion ban, effective June 24, 2022, prohibiting abortion except to save the life of the pregnant woman in a medical emergency.
Historical criminal abortion ban still on the books; Class D felony; explicitly exempts the pregnant woman from liability.
Bans public funding for abortion except to save the mother's life and declares state policy to protect every unborn child from conception.
Defines 'person' for homicide purposes to include an unborn child from conception; exempts legal abortion and the pregnant woman.
Bans mailing of abortion pills, requires in-person physician examination, and limits prescribing to licensed physicians.
Generated from the structured legal focused deep-research record for AR (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Arkansas survey. This document has not been reviewed by a lawyer and should not be used as legal advice.