{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-il","type":"legislation","level":"state","jurisdiction":"Illinois","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Protected; viability limit","summary":"Illinois has statutorily protected abortion as a fundamental right through viability, with post-viability abortion permitted for life or health, and operates as a shield state for out-of-state patients.","machine_readable_summary":{"legal_classification":"protected_by_statute","gestational_limit_weeks":null,"limit_measured_from":null,"abortion_currently_available":"yes","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":false,"personhood_contradiction":true,"medication_abortion_distinct_status":true,"mailing_pills_banned":false,"method_bans":[],"telehealth_prescribing_allowed":true,"physician_only_law":false,"provider_max_penalty":null,"helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":true,"waiting_period_hours":null,"state_scripted_counseling":false,"ultrasound_required":"none","in_person_visits_required":0,"parental_involvement":"none","judicial_bypass_available":"not_applicable","spousal_consent_or_notice_on_books":false,"medicaid_coverage":"broader_than_hyde","private_insurance_restricted":false,"state_funding_posture":"funds_providers","rape_incest_exception":"not_applicable","exceptions_present":["life","physical_health","mental_health","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/il.html","markdown":"https://www.abhortion.org/legislation/il.md","summary_json":"https://www.abhortion.org/legislation/il.json","full_json":"https://www.abhortion.org/legislation/il-full.json","verbose_json":"https://www.abhortion.org/legislation/il-verbose.json"},"overview":{"title":"Protected; viability limit","summary":"Illinois has statutorily protected abortion as a fundamental right through viability, with post-viability abortion permitted for life or health, and operates as a shield state for out-of-state patients.","description":"Abortion is a fundamental right in Illinois, protected by state law. A person can get an abortion for any reason up to the point of fetal viability, which means until a health care professional determines that the fetus could survive outside the womb without extraordinary medical measures. After viability, abortion is still allowed when necessary to protect the life or health of the patient, with health defined broadly to include physical, emotional, psychological, and familial factors. Illinois has removed criminal penalties for abortion, does not require waiting periods, parental involvement, or mandatory ultrasounds, and actively protects providers and patients from out-of-state legal attacks. The state has become a regional destination for abortion care.","verification":"verified","confidence":"high","sources":[{"name":"Illinois General Assembly","href":"https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F"},{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25"},{"name":"Illinois State Bar Association","href":"https://www.isba.org/barnews/2013/07/11/illinois-supreme-court-upholds-parental-notice-abortion-act-1995"}]},"sections":{"definitions":{"title":"Abortion broadly defined; IVF excluded","summary":"Abortion means using any instrument, medicine, drug, or device to terminate a known pregnancy with intent other than live birth or dead fetus removal; pregnancy begins at implantation.","description":"Under Illinois law, 'abortion' means using any instrument, medication, drug, or other substance or device to end a pregnancy when the person is known to be pregnant, for a purpose other than increasing the chance of a live birth, preserving the life or health of the child after live birth, or removing a dead fetus. The law defines 'pregnancy' as beginning with the implantation of an embryo, which means that IVF embryos outside the womb, emergency contraception, and treatment of ectopic pregnancies are not classified as abortions. Miscarriage management (removal of a dead fetus) is expressly excluded from the definition.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10"}]},"current_status":{"title":"Fundamental right; viability limit","summary":"Abortion is a statutory fundamental right in Illinois through fetal viability, with post-viability abortion allowed for life or health.","description":"Illinois law treats abortion as a fundamental right. Any person can obtain an abortion for any reason up to the point of fetal viability — when a health care professional determines there is a significant likelihood the fetus could survive outside the womb without extraordinary medical measures. After viability, abortion is still available when needed to protect the life or health of the patient. Health is defined broadly to include physical, emotional, psychological, and familial wellbeing. Illinois law also explicitly states that a fertilized egg, embryo, or fetus does not have independent rights.","verification":"verified","confidence":"high","sources":[{"name":"Illinois General Assembly","href":"https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F"},{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25"}]},"enforcement_status":{"title":"Fully enforceable; no injunctions","summary":"All Illinois abortion-protective statutes are in full force; no abortion ban or restriction is enjoined because none exists; the Deceptive Practices Act for crisis pregnancy centers is permanently blocked.","description":"Illinois has no abortion bans or restrictions that are blocked by courts — because no such bans or restrictions exist in current law. The Reproductive Health Act and all protective statutes are fully in force. The one provision that was blocked: the Deceptive Practices of Limited Services Pregnancy Centers Act (SB 1909), signed in July 2023, was challenged in federal court and the Illinois Attorney General agreed to a permanent injunction halting its enforcement in December 2023.","verification":"semi_verified","confidence":"high","sources":[{"name":"Illinois General Assembly","href":"https://www.ilga.gov/ftp/ILCS/Ch%200775/Act%200055/077500550K1-5.html"},{"name":"Capitol News Illinois","href":"https://capitolnewsillinois.com/news/updated-federal-judge-temporarily-blocks-illinois-law-subjecting-crisis-pregnancy-centers-to-civil-liability"}]},"exceptions":{"life":{"title":"Life exception post-viability","type":"life","summary":"After viability, abortion is permitted when necessary to protect the patient's life; no additional certification or reporting hoops are imposed by the exception itself.","description":"Once a pregnancy reaches viability, abortion care may still be provided if, in the professional judgment of the health care professional, it is necessary to protect the patient's life. The law does not impose special certification requirements, law enforcement reports, or mandatory hospital review beyond the health care professional's own judgment. The determination is left to the attending health care professional based on the particular facts of the case.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25"},{"name":"Justia","href":"https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80"}]},"physical_health":{"title":"Physical health exception post-viability","type":"physical_health","summary":"Post-viability abortion is permitted to protect the patient's physical health; 'health' is defined broadly to include physical, emotional, psychological, and familial factors.","description":"After a fetus is viable, abortion care remains available when needed to protect the patient's physical health. Illinois law defines 'health of the patient' broadly to include all factors relevant to wellbeing — physical, emotional, psychological, and familial health, plus the patient's age. The determination is made by the health care professional in their professional judgment, with no requirement for a second opinion or hospital committee review.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10"},{"name":"Justia","href":"https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80"}]},"mental_health":{"title":"Mental health exception post-viability","type":"mental_health","summary":"Post-viability abortion is expressly permitted to protect the patient's mental health, which is included in the statutory definition of 'health of the patient.'","description":"Illinois law explicitly includes emotional and psychological health in its definition of the patient's health. This means that a person can obtain an abortion after viability if continuing the pregnancy would harm their mental health. The health care professional makes this determination using their own professional judgment; no psychiatric evaluation or second opinion is required.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic/miscarriage excluded from 'abortion'","type":"ectopic_miscarriage_carveout","summary":"The statutory definition of abortion expressly excludes removal of a dead fetus; ectopic pregnancy and miscarriage management fall outside the definition entirely, and hospitals are required to provide emergency care for such conditions.","description":"Illinois law does not treat miscarriage management or ectopic pregnancy treatment as abortions. The legal definition of 'abortion' expressly excludes the removal of a dead fetus, so treating a miscarriage is not legally considered an abortion. Similarly, because 'pregnancy' is defined as beginning at implantation, treating an ectopic pregnancy is not classified as an abortion. Illinois hospitals are separately required by state law to provide emergency care — including abortion when needed as stabilizing treatment — for conditions like ectopic pregnancy, miscarriage complications, and preeclampsia.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10"},{"name":"Justia","href":"https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80"}]},"rape":{"title":"Rape exception: not applicable","type":"rape","summary":"No rape exception is needed in statute because abortion is broadly legal through viability for any reason; no special rape-related certification, reporting, or documentation exists.","description":"Illinois does not have a separate rape exception to an abortion ban because there is no abortion ban to have an exception to. Abortion is legal through viability for any reason. A person who becomes pregnant as a result of rape can obtain an abortion on the same terms as anyone else, without having to report the rape to law enforcement or provide any special documentation.","verification":"not_applicable","confidence":"high","sources":[{"name":"Illinois General Assembly","href":"https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F"}]},"incest":{"title":"Incest exception: not applicable","type":"incest","summary":"No incest exception is needed because abortion is broadly legal through viability for any reason; no special documentation exists.","description":"Illinois does not have a separate incest exception because abortion is legal for any reason through viability. A minor or adult who becomes pregnant through incest can obtain an abortion on the same terms as anyone else, with no requirement to disclose the incest or report it to authorities.","verification":"not_applicable","confidence":"high","sources":[{"name":"Illinois General Assembly","href":"https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F"}]},"fatal_fetal_anomaly":{"title":"Fatal fetal anomaly: not separately needed","type":"fatal_fetal_anomaly","summary":"No separate fatal fetal anomaly exception exists or is needed; abortion through viability is unrestricted, and post-viability abortion for health reasons covers this scenario.","description":"Illinois law does not have a separate exception for fatal fetal anomalies because it is not needed. A person can obtain an abortion for any reason through viability. After viability, if a fatal fetal anomaly is diagnosed, the health care professional can determine that continuing the pregnancy would harm the patient's emotional and psychological health, which is explicitly a factor in Illinois's health exception.","verification":"not_applicable","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25"}]}},"methods":{"procedural_surgical":{"title":"Legal; no method-specific bans","summary":"Procedural/surgical abortion is legal through viability and post-viability for health; Illinois has no D&E, D&X, or partial-birth abortion bans at the state level.","description":"Surgical abortion, including dilation and evacuation (D&E), is legal in Illinois. Illinois law does not ban any specific abortion procedure or method. The state repealed its Partial-birth Abortion Ban Act in 2019 as part of the Reproductive Health Act. The federal Partial-Birth Abortion Ban Act of 2003 applies nationwide, but Illinois imposes no additional state-level method bans.","verification":"semi_verified","confidence":"high","sources":[{"name":"ACLU of Illinois","href":"https://www.aclu-il.org/legislation/sb-25-illinois-reproductive-health-act"},{"name":"Cornell LII","href":"https://www.law.cornell.edu/regulations/illinois/Ill-Admin-Code-tit-77-SS-205.118"}]},"medication":{"title":"Legal; state protects against FDA rollback","summary":"Medication abortion is legal on the same terms as procedural abortion; in 2025, Illinois enacted HB 3637 to preserve access to mifepristone/misoprostol even if the FDA revokes approval, and HB 3709 requires public university campuses to offer medication abortion.","description":"Medication abortion — using pills like mifepristone and misoprostol — is fully legal in Illinois. A person can receive these medications via telehealth, by mail, or in person. Illinois does not require in-person dispensing. In 2025, Illinois passed a first-of-its-kind law ensuring that even if the federal government revokes FDA approval of mifepristone, the medication would remain legal and available in Illinois as long as it is approved by the World Health Organization. Beginning in the 2025-2026 school year, Illinois public colleges and universities with student health centers or on-campus pharmacies must offer students access to medication abortion and contraception.","verification":"verified","confidence":"high","sources":[{"name":"Ms. Magazine / Capitol News Illinois","href":"https://msmagazine.com/2025/06/10/illinois-mifepristone-abortion-pill-fda-approval"},{"name":"Chicago Abortion Fund / Governor's Office","href":"https://www.chicagoabortionfund.org/press-releases/governor-pritzker-signs-landmark-bill-to-ensure-campus-access-to-medication-abortion-and-contraception"},{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10"}]},"self_managed":{"title":"Self-managed: not criminalized","summary":"Self-managed abortion is not a crime in Illinois; the pregnant person is expressly shielded from all criminal liability for abortion, and Illinois law explicitly states that abortion to which the pregnant individual has consented does not give rise to criminal liability.","description":"A person who ends their own pregnancy — whether using pills obtained by mail or other means — is not committing a crime in Illinois. The Illinois Attorney General has issued formal guidance stating that 'obtaining an abortion in Illinois is not a crime.' Illinois's fetal homicide laws expressly exclude the pregnant person from the definition of 'person,' so the pregnant individual cannot be charged with homicide of their own fetus. The law also states that an abortion to which the pregnant individual has consented does not give rise to any liability under the criminal code.","verification":"verified","confidence":"high","sources":[{"name":"Illinois Attorney General","href":"https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf"},{"name":"Illinois General Assembly","href":"https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-1.2.htm"},{"name":"Illinois General Assembly","href":"https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-3.2.htm"}]}},"actors":{"who_may_perform":{"title":"Physicians, APRNs, and PAs authorized","summary":"Licensed physicians, advanced practice registered nurses, and physician assistants may provide abortion care; APRNs and PAs may perform aspiration abortions that do not require general anesthesia.","description":"In Illinois, abortion care can be provided by licensed physicians, advanced practice registered nurses (APRNs), and physician assistants (PAs). These health care professionals can provide medication abortion and most procedural abortions. APRNs and PAs can also perform aspiration abortions — a common early surgical method — as long as general anesthesia is not required. There is no requirement that abortions be performed in hospitals; they may be performed in clinics, including ambulatory surgical treatment centers.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25"},{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt from all liability","summary":"The pregnant person is expressly exempt from criminal and civil liability for abortion; Illinois law states abortion with consent does not give rise to criminal code liability, and fetal homicide statutes exclude the pregnant individual.","description":"Under Illinois law, a person who obtains an abortion cannot be charged with a crime or sued for it. The Reproductive Health Act states that government officials cannot prosecute or punish someone for their pregnancy outcome. The state's fetal homicide laws explicitly say that the term 'person' does not include the pregnant individual. The Illinois Attorney General has formally instructed all law enforcement that obtaining an abortion is not a crime.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-180-2-2"},{"name":"Illinois Attorney General","href":"https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf"}]},"physician":{"title":"No criminal exposure for lawful care","summary":"Physicians face no criminal penalty for providing abortion care that complies with the RHA; the criminal provisions of the Illinois Abortion Law of 1975 were repealed in 2019.","description":"Physicians who provide abortion care in Illinois do not face criminal penalties, as long as the care complies with the Reproductive Health Act. The 2019 Reproductive Health Act removed abortion from the state's criminal code entirely. Physicians may still face professional discipline if they violate the applicable standard of care, but not criminal prosecution for lawful abortion services.","verification":"verified","confidence":"high","sources":[{"name":"Illinois Attorney General","href":"https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf"}]},"prescriber_pharmacist":{"title":"No criminal exposure; shield protections apply","summary":"APRNs and PAs who prescribe medication abortion and pharmacists who dispense it face no criminal liability; shield laws protect against out-of-state discipline.","description":"Advanced practice registered nurses, physician assistants, and pharmacists face no criminal exposure for prescribing or dispensing abortion medication in Illinois. The shield laws enacted in 2023 and expanded in 2025 protect these professionals from out-of-state investigations, subpoenas, and licensing actions based on providing care that is lawful in Illinois, even if it would be illegal in another state.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25"}]},"nurses_and_staff":{"title":"No criminal exposure","summary":"Nurses and clinic staff who assist in lawful abortion care face no criminal liability under Illinois law; the former criminal provisions were repealed.","description":"Nurses, medical assistants, and other clinic staff who help provide abortion care are not subject to criminal prosecution in Illinois. The state removed abortion from its criminal code in 2019. Staff with conscience objections may decline to participate under the Health Care Right of Conscience Act, but those who do participate are not criminally exposed.","verification":"verified","confidence":"high","sources":[{"name":"Illinois Attorney General","href":"https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf"},{"name":"Illinois General Assembly","href":"https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2082&ChapterID=58&Print=True"}]},"other_helpers":{"title":"No criminal exposure for assistance","summary":"Helping someone obtain an abortion — by driving, paying, providing information, or offering emotional support — is not a crime in Illinois; shield laws extend protection to those who assist.","description":"Friends, family members, employers, or volunteers who help someone get an abortion — by driving them to a clinic, paying for the procedure, providing information, or offering emotional support — are not committing any crime under Illinois law. In fact, Illinois has created legal protections specifically for people who help others access reproductive health care. The state will not cooperate with out-of-state investigations or subpoenas targeting those who assist abortion patients.","verification":"verified","confidence":"high","sources":[{"name":"Illinois Attorney General Guidance","href":"https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"Not criminalized; shielded","summary":"Helping someone travel to or within Illinois for abortion care is not a crime; Illinois has no 'abortion trafficking' statute, and shield laws protect those who assist with travel.","description":"It is fully legal in Illinois to help someone travel to obtain an abortion — whether driving them across town or helping them come from another state. Illinois has not enacted any 'abortion trafficking' law, and state officials are prohibited from assisting out-of-state investigations into lawful travel assistance.","verification":"semi_verified","confidence":"high","sources":[{"name":"Shipman & Goodwin LLP","href":"https://www.shipmangoodwin.com/insights/new-illinois-statute-seeks-to-protect-providers-and-patients-seeking-abortions-and-gender-affirming-care-in-that-state.html"}]},"funding":{"title":"Not criminalized; protected","summary":"Paying for someone's abortion or related travel is not criminalized in Illinois; abortion funds may operate freely, and employers may cover abortion-related expenses.","description":"Anyone can legally pay for another person's abortion or abortion-related travel in Illinois. Abortion funds — nonprofit organizations that help people pay for abortions — operate openly and legally. Employers may cover abortion expenses as part of their health plans. There is no civil or criminal liability for providing financial assistance for abortion care.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-215-insurance/il-st-sect-215-5-356z-4a"}]},"mailing_pills":{"title":"Not illegal under state law","summary":"Illinois law does not prohibit mailing abortion pills within or into the state; shield laws protect those who mail or receive them, though the Danville local ordinance purports to ban such mailing.","description":"Sending or receiving abortion medication by mail is not illegal under Illinois law. Health care professionals may prescribe medication abortion via telehealth and have pills mailed to patients. One city — Danville, Illinois — passed a local ordinance in 2023 that attempts to ban the mailing of abortion pills into the city, but this ordinance is widely viewed as preempted by state law and unenforceable.","verification":"semi_verified","confidence":"medium","sources":[{"name":"ACLU of Illinois","href":"https://www.aclu-il.org/press-releases/aclu-illinois-warns-danville-proposed-ordinance-violates-state-law-and-constitution"},{"name":"AP News","href":"https://apnews.com/article/abortion-pills-ordinance-danville-illinois-a4bbda7fd47b76c2718470daf7bcbe13"}]},"providing_information":{"title":"Not criminalized; free speech protected","summary":"Providing information, referrals, or websites about abortion is not a crime in Illinois; the Deceptive Practices of Limited Services Pregnancy Centers Act was permanently enjoined.","description":"It is completely legal in Illinois to give someone information about where and how to get an abortion — including website links, clinic referrals, and phone numbers. The state attempted to regulate crisis pregnancy centers that use deceptive practices, but that law was permanently blocked by a federal court on free speech grounds.","verification":"semi_verified","confidence":"high","sources":[{"name":"Capitol News Illinois","href":"https://capitolnewsillinois.com/news/after-pushing-for-law-targeting-crisis-pregnancy-centers-attorney-general-backs-off-legal-fight"}]},"civil_bounty":{"title":"No civil bounty law","summary":"Illinois has no SB8-style private civil enforcement law; private citizens cannot sue abortion providers or those who assist abortion patients.","description":"Illinois has not enacted any law that allows private individuals to sue abortion providers, patients, or helpers. Unlike Texas's SB 8, there is no citizen-enforcement mechanism, no bounty, and no private right of action against those involved in lawful abortion care in Illinois.","verification":"verified","confidence":"high","sources":[{"name":"Illinois Attorney General Guidance","href":"https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf"}]}},"procedural_requirements":{"waiting_period":{"title":"No waiting period","summary":"Illinois imposes no mandatory waiting period between counseling and the abortion procedure; a person may receive care on the same day as their initial consultation.","description":"Illinois does not require any waiting period for abortion. A person can have a consultation and receive abortion care on the same day. There is no legally required delay between when a person first seeks care and when they can receive it.","verification":"semi_verified","confidence":"high","sources":[{"name":"ACLU of Illinois","href":"https://www.aclu-il.org/legislation/sb-25-illinois-reproductive-health-act"}]},"mandatory_counseling":{"title":"No state-scripted counseling","summary":"Illinois does not require state-scripted counseling or mandatory informational materials before an abortion; standard informed consent under medical practice law applies.","description":"Illinois does not require a person to receive state-written counseling materials or listen to state-scripted information before having an abortion. The normal medical informed-consent process applies — a health care professional must explain the procedure and obtain consent — but the state does not mandate specific language, warnings, or waiting periods.","verification":"semi_verified","confidence":"high","sources":[{"name":"ACLU of Illinois","href":"https://www.aclu-il.org/legislation/sb-25-illinois-reproductive-health-act"}]},"ultrasound_requirement":{"title":"No ultrasound requirement","summary":"Illinois does not require an ultrasound before an abortion; a health care professional may perform one as a matter of clinical judgment but is not legally compelled to do so.","description":"Illinois law does not require a person to have an ultrasound before getting an abortion. A health care provider may choose to perform an ultrasound for medical reasons, but the state does not require it, and there is no requirement to display or describe ultrasound images.","verification":"not_applicable","confidence":"high"},"in_person_visits":{"title":"Zero mandatory in-person visits","summary":"Illinois requires zero in-person visits for abortion care; both medication abortion and procedural abortion may be initiated without a prior in-person visit.","description":"Illinois does not legally require any in-person visits for abortion care. Medication abortion can be prescribed via telehealth and the pills mailed to the patient. For a procedural abortion, no law requires a separate in-person visit before the procedure. Combined with the absence of a waiting period, counseling mandate, and ultrasound requirement, a person can receive abortion care in a single visit — or entirely remotely for medication abortion.","verification":"semi_verified","confidence":"high","sources":[{"name":"Illinois Department of Insurance","href":"https://idoi.illinois.gov/content/dam/soi/en/web/insurance/companies/companybulletins/cb2022-15.pdf"}]}},"minors":{"parental_involvement":{"title":"No parental involvement required","summary":"Illinois requires no parental consent or notification for a minor to obtain an abortion; the Parental Notice of Abortion Act was repealed effective June 1, 2022.","description":"A minor in Illinois does not need a parent's permission and a provider does not need to notify a parent before providing abortion care. Illinois repealed its parental notification law in 2021, and the repeal took effect on June 1, 2022. A young person can obtain an abortion on their own, without involving a parent or guardian, and without going to court.","verification":"semi_verified","confidence":"high","sources":[{"name":"Capitol News Illinois","href":"https://capitolnewsillinois.com/news/new-law-ends-parental-notification-in-illinois"},{"name":"ACLU of Illinois","href":"https://www.aclu-il.org/press-releases/illinois-expands-access-abortion-care-ends-enforcement-parental-notice-law"}]},"judicial_bypass":{"title":"Not applicable; parental law repealed","summary":"No judicial bypass is needed because Illinois has no parental involvement requirement; the prior bypass procedure was eliminated with the repeal of the Parental Notice of Abortion Act.","description":"Because Illinois no longer requires any parental involvement, there is no need for a judicial bypass — a court process that allows a minor to get an abortion without telling a parent. The prior judicial bypass system was eliminated when the parental notification law was repealed in 2022.","verification":"not_applicable","confidence":"high","sources":[{"name":"Illinois State Bar Association","href":"https://www.isba.org/barnews/2013/07/11/illinois-supreme-court-upholds-parental-notice-abortion-act-1995"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal/paternal consent or notice laws","summary":"Illinois has no statute requiring spousal or paternal consent or notice for abortion; the Abortion Performance Refusal Act, which had some partner-related provisions, was repealed in 2019.","description":"Illinois does not require a woman to get consent from her spouse or the biological father before having an abortion. No law requires that the partner be notified. A person can obtain an abortion without involving their spouse or partner in any way.","verification":"semi_verified","confidence":"high","sources":[{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/428/52/"},{"name":"U.S. Supreme Court","href":"https://supreme.justia.com/cases/federal/us/505/833/"}]},"enforceability":{"title":"No state law to enforce or enjoin","summary":"No spousal or paternal consent/notice law exists in Illinois to assess for enforceability; the federal constitutional holdings in Danforth and Casey would render any such law invalid if enacted.","description":"Because Illinois has no spousal or paternal consent law, there is nothing to enforce or block. Even if Illinois were to pass such a law in the future, Supreme Court precedent has held that spousal consent and notification requirements are unconstitutional. Whether Dobbs v. Jackson Women's Health Organization (2022) reopens that question is unsettled, but Illinois's own Reproductive Health Act independently protects abortion as an individual fundamental right.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://supreme.justia.com/cases/federal/us/428/52/"}]},"other_paternal_rights":{"title":"Father has no veto; fetal wrongful death claims possible","summary":"The biological father has no legal right to prevent an abortion; a father may bring a wrongful death claim for a fetus killed by a third party, but not for a lawful abortion.","description":"The biological father cannot stop a pregnant person from obtaining an abortion in Illinois, and has no right to be notified or consulted. If a third party (such as a drunk driver) causes the death of a fetus, the father could potentially bring a wrongful death lawsuit, but Illinois law specifically prohibits wrongful death claims based on lawful abortions.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-180-2-2"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide from implantation; abortion exempt","summary":"Illinois recognizes fetal homicide at any stage from implantation, but the statutes expressly exclude lawful abortion and the pregnant individual from liability.","description":"Illinois law treats killing an unborn child as homicide — from the moment of implantation onward — but this only applies to third parties who harm a pregnancy without the pregnant person's consent. The law specifically says it does not apply to abortions that the pregnant person has consented to. The pregnant person cannot be charged under these laws, and abortions performed with consent are entirely excluded.","verification":"verified","confidence":"high","sources":[{"name":"Illinois General Assembly","href":"https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-1.2.htm"},{"name":"Illinois General Assembly","href":"https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-3.2.htm"}]},"wrongful_death":{"title":"Fetal wrongful death allowed; abortion exempt","summary":"Illinois permits civil wrongful death claims for a fetus at any gestational stage, but expressly bars such claims against the pregnant person or providers for lawful abortions.","description":"Under Illinois law, if a third party (such as a reckless driver or violent attacker) causes a fetal death, the family can sue for wrongful death — regardless of how far along the pregnancy was. But the law specifically says that no one can sue the pregnant person, the doctor, or the medical facility for a wrongful death caused by a lawful abortion. If the fetus is born alive and then dies, a wrongful death claim is possible even if the death was related to an abortion.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-180-2-2"}]},"personhood_definition":{"title":"No fetal personhood in law; expressly rejected","summary":"Illinois law explicitly states that 'a fertilized egg, embryo, or fetus does not have independent rights under the laws of this State,' while simultaneously defining 'unborn child' for homicide purposes from implantation.","description":"Illinois law contains an unusual paradox: the Reproductive Health Act explicitly says that a fertilized egg, embryo, or fetus does not have independent rights. But the state's criminal code separately defines an 'unborn child' from the moment of implantation for purposes of prosecuting third parties who harm a pregnancy. The state has reconciled these by exempting both the pregnant person and lawful abortion from the fetal homicide laws.","verification":"semi_verified","confidence":"high","sources":[{"name":"Illinois General Assembly","href":"https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F"}]},"contradictions_analysis":"Illinois law contains a deliberate and well-drafted accommodation between competing principles, but tension remains. The Reproductive Health Act (775 ILCS 55/1-15(c)) states flatly that 'a fertilized egg, embryo, or fetus does not have independent rights under the laws of this State' — an explicit repudiation of fetal personhood. Yet the Criminal Code simultaneously defines 'unborn child' as 'any individual of the human species from the implantation of an embryo until birth' for homicide purposes, treating the fetus as a victim of third-party violence from the moment of implantation. This is not an internal contradiction but rather a legislative choice to distinguish between (a) harm inflicted on a wanted pregnancy by a third party without consent and (b) the pregnant person's own autonomous decision to end a pregnancy. The same statutes that define the unborn child as a homicide victim expressly exclude both the pregnant individual and any consented-to abortion from their reach — meaning a fetus has homicide-victim status only against third-party wrongdoers, never against the pregnant person. The Wrongful Death Act reflects the same approach: fetal death can support a civil claim against a tortfeasor, but not against a provider or the pregnant person for a lawful abortion. The law is internally consistent if understood as protecting wanted pregnancies from third-party harm while preserving the pregnant person's bodily autonomy. The contradiction is more rhetorical than functional: the state simultaneously says 'a fetus has no independent rights' and 'killing a fetus can be homicide.'"},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth allowed; no in-person requirement","summary":"Abortion medication can be prescribed via telehealth in Illinois with no in-person visit required; pills may be mailed directly to patients.","description":"A person in Illinois can get abortion medication prescribed through a telehealth appointment — by phone or video — without ever going to a clinic in person. The medication can then be mailed to their home. Illinois law does not require an in-person visit, an ultrasound, or any testing before a telehealth prescription for medication abortion. Both in-state and out-of-state licensed prescribers may provide telehealth services to patients physically located in Illinois, subject to Illinois licensing requirements.","verification":"semi_verified","confidence":"high","sources":[{"name":"Illinois Department of Insurance","href":"https://idoi.illinois.gov/content/dam/soi/en/web/insurance/companies/companybulletins/cb2022-15.pdf"},{"name":"Guttmacher Institute","href":"https://www.guttmacher.org/state-policy/explore/medication-abortion"}]},"out_of_state_travel":{"title":"Travel for abortion: fully lawful","summary":"Illinois residents may lawfully travel to any state for abortion care; Illinois places no restriction on out-of-state travel and imposes no penalty for crossing state lines.","description":"An Illinois resident can travel to another state for an abortion without facing any penalty under Illinois law. The state does not restrict, track, or penalize interstate travel for abortion care. Conversely, Illinois welcomes people from other states who travel to Illinois for abortion care and has enacted shield laws to protect them.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"Comprehensive shield state","summary":"Illinois has enacted extensive shield laws protecting providers, patients, and helpers from out-of-state investigations, subpoenas, extradition, and licensing actions related to lawful abortion care.","description":"Illinois is one of the country's strongest 'shield states.' This means the state actively protects people who provide, receive, or help with abortion care in Illinois from legal attacks by other states. Illinois will not honor out-of-state subpoenas for abortion records, will not extradite people for providing or obtaining lawful abortion care, and will not discipline health care professionals for providing care that is legal in Illinois. The state also allows people to countersue if they are targeted by out-of-state lawsuits over lawful Illinois abortion care.","verification":"verified","confidence":"high","sources":[{"name":"Illinois Government Newsroom","href":"https://www.illinois.gov/news/release.html?releaseid=25906"},{"name":"Governor's Office","href":"https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bills-to-fortify-reproductive-health-care-in-illinois"},{"name":"Governor's Office","href":"https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-reproductive-health-records-privacy-act"}]}},"funding_and_insurance":{"medicaid":{"title":"Medicaid covers abortion fully","summary":"Illinois Medicaid covers abortion without restriction, funded by state dollars beyond the federal Hyde Amendment categories of life, rape, and incest.","description":"Illinois's Medicaid program covers abortion for any reason, not just in cases of life endangerment, rape, or incest. The state uses its own funds to pay for abortion care that federal Medicaid dollars cannot cover under the Hyde Amendment. This coverage has been in place since January 2018.","verification":"semi_verified","confidence":"high","sources":[{"name":"ACLU","href":"https://www.aclu.org/news/reproductive-freedom/medicaid-will-now-cover-abortion-low-income-women-illinois-take"},{"name":"University of Wisconsin CORE","href":"https://core.wisc.edu/2025/02/03/study-medicaid-abortion-coverage-in-illinois-led-to-increased-access-to-care"}]},"private_insurance":{"title":"Private insurance must cover abortion","summary":"Illinois requires most private health insurance plans that cover pregnancy-related benefits to cover abortion without additional cost-sharing beyond that for other pregnancy care.","description":"Most private health insurance plans in Illinois must cover abortion care. The law says that abortion must be covered at least as well as other pregnancy-related care — meaning no extra deductibles, copays, or waiting periods just for abortion. This applies to plans regulated by Illinois, including individual and group plans and those sold on the ACA marketplace. Medication abortion obtained through telehealth must be covered. Self-funded employer plans governed by federal ERISA law are not subject to this state mandate.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-215-insurance/il-st-sect-215-5-356z-4a"}]},"exchange_plans":{"title":"Exchange plans must cover abortion","summary":"ACA marketplace plans issued in Illinois must cover abortion on the same terms as other private plans, subject to federal rules on segregation of funds.","description":"Health insurance plans sold on the Illinois ACA marketplace (exchange) must cover abortion care just like any other private plan regulated by Illinois. Under federal ACA rules, insurers must segregate premium payments used for abortion coverage beyond Hyde-restricted categories from federal subsidies, but the Illinois mandate ensures coverage is included.","verification":"verified","confidence":"high","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-215-insurance/il-st-sect-215-5-356z-4a"}]},"state_funding_of_providers":{"title":"State funds abortion providers","summary":"Illinois affirmatively funds reproductive health care providers, including through Medicaid reimbursement for abortion and state grant programs.","description":"Illinois does not 'defund' abortion providers. The state reimburses providers through Medicaid for abortion care, and has created grant programs to fund reproductive health services, including for uninsured and underinsured patients. Illinois has moved aggressively to fund reproductive health care rather than restrict it.","verification":"semi_verified","confidence":"high","sources":[{"name":"ACLU","href":"https://www.aclu.org/news/reproductive-freedom/medicaid-will-now-cover-abortion-low-income-women-illinois-take"},{"name":"LegiScan","href":"https://legiscan.com/IL/text/SB4011/id/3353955"}]}}},"penalties":[{"actor":"Pregnant woman","offense":"None — obtaining an abortion is not a crime in Illinois","penalty":"None — expressly exempt from criminal and civil liability","verification":"verified","sources":[{"name":"Illinois Attorney General","href":"https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf"},{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-180-2-2"}]},{"actor":"Physician","offense":"None for lawful abortion care under the RHA; the Illinois Abortion Law of 1975 (which criminalized some abortion care) was repealed by PA 101-13 (2019)","penalty":"None — abortion is removed from the criminal code; professional licensing discipline possible for substandard care, though shielded for lawful care","verification":"semi_verified","sources":[{"name":"ACLU of Illinois","href":"https://www.aclu-il.org/legislation/sb-25-illinois-reproductive-health-act"}]},{"actor":"Advanced practice registered nurse / Physician assistant","offense":"None — APRNs and PAs are authorized to provide abortion care including aspiration abortion under 775 ILCS 55/1-25","penalty":"None","verification":"verified","sources":[{"name":"FindLaw","href":"https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25"}]},{"actor":"Pharmacist","offense":"None for lawful dispensing of abortion medication in Illinois","penalty":"None","verification":"not_applicable"},{"actor":"Nurses and clinic staff","offense":"None — abortion care is not criminalized in Illinois","penalty":"None","verification":"not_applicable"},{"actor":"Third party who kills fetus without consent","offense":"Intentional homicide of an unborn child (720 ILCS 5/9-1.2), voluntary manslaughter of an unborn child (720 ILCS 5/9-2.1), or involuntary manslaughter of an unborn child (720 ILCS 5/9-3.2)","penalty":"Intentional homicide: same as first-degree murder (20-60 years to natural life, with firearm enhancements of 15-25 additional years); Involuntary manslaughter: Class 3 felony (2-5 years)","verification":"verified","sources":[{"name":"Illinois General Assembly","href":"https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-1.2.htm"},{"name":"Illinois General Assembly","href":"https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-3.2.htm"}]},{"actor":"Hospital that denies emergency abortion care","offense":"Violation of Illinois Hospital Emergency Service Act (210 ILCS 80/)","penalty":"Business offense, fine up to $10,000 per violation; Department of Public Health may impose minimum $50,000 penalty per violation","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80"}]}],"recent_changes":[{"date":"2022-06-01","event":"Illinois Attorney General Kwame Raoul issued formal guidance to all Illinois law enforcement stating that obtaining an abortion is not a crime, that no provision of the Illinois Criminal Code establishes an offense for obtaining or performing an abortion, and that government officials must not interfere with reproductive autonomy.","sources":[{"name":"Illinois Attorney General","href":"https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf"}]},{"date":"2022-06-01","event":"The repeal of the Parental Notice of Abortion Act (Youth Health and Safety Act, PA 102-685) took effect, eliminating the requirement that health care providers notify an adult family member before a minor's abortion.","sources":[{"name":"ACLU of Illinois","href":"https://www.aclu-il.org/press-releases/illinois-expands-access-abortion-care-ends-enforcement-parental-notice-law"}]},{"date":"2023-01-13","event":"Governor Pritzker signed HB 4664 (Patient and Provider Protection Act, PA 102-1117), creating Illinois's comprehensive shield law protecting providers and patients from out-of-state legal attacks, expanding who may perform abortion to include APRNs and PAs for aspiration procedures, and amending the Wrongful Death Act to clarify that no cause of action lies for a lawful abortion.","sources":[{"name":"Illinois Government Newsroom","href":"https://www.illinois.gov/news/release.html?releaseid=25906"}]},{"date":"2023-05-02","event":"Danville City Council approved a local ordinance purporting to ban the mailing and shipping of abortion pills into the city, citing the federal Comstock Act. The Illinois Attorney General and ACLU asserted the ordinance is preempted by state law.","sources":[{"name":"AP News","href":"https://apnews.com/article/abortion-pills-ordinance-danville-illinois-a4bbda7fd47b76c2718470daf7bcbe13"}]},{"date":"2023-07-27","event":"Governor Pritzker signed SB 1909 (Deceptive Practices of Limited Services Pregnancy Centers Act, PA 103-270), prohibiting crisis pregnancy centers from using deceptive practices to interfere with abortion or emergency contraception access. The law was immediately challenged in federal court on First Amendment grounds.","sources":[{"name":"Illinois Government Newsroom","href":"https://www.illinois.gov/news/release.html?releaseid=26779"}]},{"date":"2023-12-13","event":"Illinois Attorney General agreed to a permanent consent order halting enforcement of the Deceptive Practices of Limited Services Pregnancy Centers Act (SB 1909), effectively ending the legal fight after a federal judge temporarily blocked the law.","sources":[{"name":"NPR Illinois","href":"https://www.nprillinois.org/illinois/2023-12-13/illinois-agrees-to-stop-enforcing-a-controversial-new-law-cracking-down-on-crisis-pregnancy-centers"}]},{"date":"2024-07-29","event":"Governor Pritzker signed the Birth Equity Act (HB 5142), mandating comprehensive insurance coverage for abortion, pregnancy, postpartum, and newborn care without extra cost-sharing.","sources":[{"name":"Chicago Abortion Fund","href":"https://www.chicagoabortionfund.org/press-releases/governor-pritzker-signs-birth-equity-act-hb-5142new-legislation-mandates-comprehensive-abortion-coverage-in-illinois"}]},{"date":"2024-08-07","event":"Amendments to the Illinois Hospital Emergency Service Act (PA 103-784) took effect, explicitly providing that 'stabilizing treatment' includes abortion when necessary to resolve a patient's injury or acute medical condition liable to cause death, severe injury, or serious illness, and enumerating specific pregnancy-related emergency conditions.","sources":[{"name":"Justia","href":"https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80"}]},{"date":"2025-06-10","event":"Governor Pritzker signed HB 3637, allowing Illinois clinicians to continue prescribing and dispensing mifepristone even if the FDA revokes its approval, as long as the medication remains approved by the World Health Organization. Also signed HB 3709, requiring public colleges and universities with student health centers or on-campus pharmacies to offer contraception and medication abortion starting in the 2025-2026 academic year.","sources":[{"name":"Governor's Office","href":"https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bills-to-fortify-reproductive-health-care-in-illinois"}]},{"date":"2026-06-24","event":"Governor Pritzker signed the Reproductive Health Records Privacy Act (HB 5295), restricting how abortion-related medical records can be shared through health information exchanges and limiting out-of-state access to such data without patient consent, effective July 1, 2027.","sources":[{"name":"Governor's Office","href":"https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-reproductive-health-records-privacy-act"}]}],"pending_changes":[{"name":"FDA v. Alliance for Hippocratic Medicine (mifepristone federal litigation)","type":"litigation","status":"The Supreme Court in June 2024 unanimously reversed the Fifth Circuit's ruling restricting mifepristone, preserving telehealth access; further challenges remain possible at the district court level from new plaintiff states. In May 2026, a federal district court in Texas issued a new ruling restricting mifepristone prescribing via telehealth, prompting Illinois and other states to file amicus briefs.","effect":"If federal courts or the FDA ultimately restrict or revoke mifepristone approval, Illinois's HB 3637 (2025) provides a state-law firewall allowing continued prescribing based on WHO approval, though litigation over federal preemption of that provision would be virtually certain.","sources":[{"name":"KFF","href":"https://www.kff.org/womens-health-policy/litigation-involving-reproductive-health-and-rights-in-the-federal-courts"}]},{"name":"Diocese of Springfield v. Illinois Department of Insurance (No. 4-24-1282)","type":"litigation","status":"Pending in Illinois Appellate Court, Fourth District. Religious employers challenge the Illinois insurance mandate requiring coverage for abortion under 215 ILCS 5/356z.4a, arguing it violates their religious freedom.","effect":"If successful, the lawsuit could carve out a broader religious exemption from the mandatory abortion coverage requirement for private insurance plans, potentially affecting employees of religious organizations.","sources":[{"name":"Illinois Attorney General / Illinois Courts","href":"https://illinoisattorneygeneral.gov/News-Room/Current-News/Rule%2023%20Filed%20-%204th.pdf"}]},{"name":"Effingham County 'sanctuary for the unborn' / Danville ordinance challenge","type":"litigation","status":"Local ordinances enacted in Danville (2023) and proposed elsewhere; no active enforcement litigation; ACLU and Attorney General have asserted preemption under the RHA.","effect":"If a court were to uphold a local abortion-restrictive ordinance against an RHA preemption challenge, it could open the door to additional local restrictions in other Illinois municipalities, creating a patchwork of enforcement.","sources":[{"name":"ACLU of Illinois","href":"https://www.aclu-il.org/press-releases/aclu-illinois-warns-danville-proposed-ordinance-violates-state-law-and-constitution"}]},{"name":"SB 4011 (104th General Assembly) — Uninsured/Underinsured Abortion Grant Program","type":"legislation","status":"Pending in the Illinois General Assembly as of the 2025-2026 session","effect":"Would establish a state grant program using state funds to cover abortion services for patients who are uninsured or underinsured, for which federal funds are prohibited.","sources":[{"name":"LegiScan","href":"https://legiscan.com/IL/text/SB4011/id/3353955"}]},{"name":"HB 3243 (104th General Assembly) — Proposed Illinois Abortion Law of 2025","type":"legislation","status":"Introduced by Rep. Niemerg; would create a restrictive abortion law modeled on the repealed 1975 Act, plus partial-birth abortion ban, viability restriction, heartbeat provision, and residency requirement. Has not advanced out of committee.","effect":"If enacted (highly unlikely given the current political composition of the Illinois General Assembly), would impose significant new abortion restrictions including a potential near-total ban.","sources":[{"name":"Illinois General Assembly","href":"https://ilga.gov/ftp/legislation/104/HB/10400HB3243.htm"}]}],"key_authorities":[{"name":"Reproductive Health Act","citation":"775 ILCS 55/","type":"statute","url":"https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F","why":"The foundational Illinois statute establishing abortion as a fundamental right, defining key terms, and setting the viability limit with broad health exceptions."},{"name":"Patient and Provider Protection Act (HB 4664)","citation":"Public Act 102-1117 (2023)","type":"statute","url":"https://www.illinois.gov/news/release.html?releaseid=25906","why":"Created Illinois's shield law framework protecting providers and patients from out-of-state legal attacks; expanded who may perform abortions; amended Wrongful Death Act."},{"name":"Hospital Emergency Service Act Amendments","citation":"Public Act 103-784, 210 ILCS 80/ (2024)","type":"statute","url":"https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80","why":"Requires Illinois hospitals to provide emergency abortion care as stabilizing treatment and authorizes substantial penalties for noncompliance."},{"name":"Illinois Fetal Homicide Statutes","citation":"720 ILCS 5/9-1.2, 9-2.1, 9-3.2","type":"statute","url":"https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-1.2.htm","why":"Establish fetal homicide liability from implantation while expressly exempting the pregnant person and consented-to abortions."},{"name":"Wrongful Death Act — Fetal Death","citation":"740 ILCS 180/2.2","type":"statute","url":"https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-180-2-2","why":"Permits wrongful death claims for fetal death at any gestational stage but expressly excludes claims arising from lawful abortions."},{"name":"Private Insurance Abortion Coverage Mandate","citation":"215 ILCS 5/356z.4a","type":"statute","url":"https://codes.findlaw.com/il/chapter-215-insurance/il-st-sect-215-5-356z-4a","why":"Requires Illinois-regulated private health insurance plans to cover abortion without additional cost-sharing; a key funding protection."},{"name":"Medicaid Abortion Funding (HB 40)","citation":"Public Act 100-538 (2017)","type":"statute","url":"https://www.aclu.org/news/reproductive-freedom/medicaid-will-now-cover-abortion-low-income-women-illinois-take","why":"Removed the statutory ban on state-funded abortion coverage, enabling Illinois Medicaid to cover abortion beyond Hyde Amendment categories."},{"name":"Youth Health and Safety Act (Parental Notice Repeal)","citation":"Public Act 102-685 (2021)","type":"statute","url":"https://capitolnewsillinois.com/news/new-law-ends-parental-notification-in-illinois","why":"Repealed the Parental Notice of Abortion Act, eliminating all parental involvement requirements for minors seeking abortion."},{"name":"Medication Abortion Protection (HB 3637)","citation":"2025 Illinois Laws (104th General Assembly)","type":"statute","url":"https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bills-to-fortify-reproductive-health-care-in-illinois","why":"First-in-the-nation law ensuring medication abortion remains available in Illinois even if the FDA revokes approval of mifepristone."},{"name":"Campus Access to Medication Abortion (HB 3709)","citation":"2025 Illinois Laws (104th General Assembly)","type":"statute","url":"https://www.chicagoabortionfund.org/press-releases/governor-pritzker-signs-landmark-bill-to-ensure-campus-access-to-medication-abortion-and-contraception","why":"Requires public colleges and universities to offer medication abortion and contraception at campus health centers and pharmacies."},{"name":"Hope Clinic for Women, Ltd. v. Flores","citation":"991 N.E.2d 745 (Ill. 2013)","type":"case","url":"https://www.isba.org/barnews/2013/07/11/illinois-supreme-court-upholds-parental-notice-abortion-act-1995","why":"Illinois Supreme Court recognized a constitutional right to abortion under the state constitution and upheld the (now-repealed) Parental Notice Act."},{"name":"Reproductive Health Records Privacy Act (HB 5295)","citation":"2026 Illinois Laws (104th General Assembly)","type":"statute","url":"https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-reproductive-health-records-privacy-act","why":"Shields abortion-related electronic medical records from out-of-state access, effective July 1, 2027."},{"name":"Attorney General Guidance to Law Enforcement on Abortion","citation":"Illinois Attorney General (June 1, 2022)","type":"agency_guidance","url":"https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf","why":"Binding guidance from the state's chief law enforcement officer confirming that abortion is not a crime in Illinois and directing law enforcement not to interfere with reproductive autonomy."}],"research_notes":{"overall_confidence":"high","editor_notes":"Before publication, verify the current status of: (1) HB 3637 and HB 3709 codification in the Illinois Compiled Statutes; (2) SB 4011 (uninsured grant program) — whether it passed in the 2026 session; (3) the Diocese of Springfield religious exemption litigation; (4) the federal mifepristone litigation in the Northern District of Texas and any new Supreme Court action; and (5) the effective date of the Reproductive Health Records Privacy Act (HB 5295). The sunset date on 215 ILCS 5/356z.4a should be confirmed in the official Illinois Compiled Statutes.","gaps":["The exact codification of HB 3637 (2025 medication abortion protection) and HB 3709 (2025 campus access) in the Illinois Compiled Statutes could not be confirmed, as the code edition may not yet reflect the 2025 session. The substantive content is verified through Governor's Office press releases and legislative tracking.","The ongoing litigation in Diocese of Springfield v. Illinois Department of Insurance (No. 4-24-1282) is at an early appellate stage; its outcome could affect the scope of the religious exemption from the abortion coverage mandate.","The Danville ordinance's enforceability has not been tested in court; the legal conclusion that it is preempted by the RHA is the position of the Illinois Attorney General and ACLU but has not been judicially confirmed.","Whether Dobbs reopens the question of spousal consent/notice laws under the federal constitution is an open legal question; Illinois's independent statutory protections make this academic in-state."]}}