--- title: "Illinois — abortion law" 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…" type: "legislation" jurisdiction: "Illinois" as_of_date: "2026-07-12" source_url: "https://www.abhortion.org/legislation/il.html" --- # Illinois — abortion law _Illinois · United States_ ## Overview **Protected; viability limit** 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. 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. > "Every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth or to have an abortion, and to make autonomous decisions about how to exercise that right." > — 775 ILCS 55/1-15(b) **Legal analysis** Under the Reproductive Health Act (775 ILCS 55/), enacted by Public Act 101-13 (2019), abortion is a fundamental right. Section 1-15 establishes that every individual has a fundamental right to make autonomous decisions about reproductive health, and every pregnant individual has a fundamental right to continue the pregnancy or to have an abortion. Section 1-25 permits health care professionals to provide abortion care in accordance with their professional judgment. Post-viability, abortion is permitted when, in the health care professional's judgment, it is necessary to protect the life or health of the patient. Health is defined broadly in Section 1-10 to include physical, emotional, psychological, and familial health. The Illinois Supreme Court in Hope Clinic for Women, Ltd. v. Flores, 991 N.E.2d 745 (Ill. 2013), recognized a right to abortion under the state constitution's due process clause. Illinois has no bans or restrictions enjoined; the RHA replaced all prior restrictive statutes. *Sources — Verified at source · High confidence · 775 ILCS 55/1-15(b), subsection 1-15(b), [Illinois General Assembly](https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F) · 775 ILCS 55/1-25(a), subsection 1-25(a), [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25) · Hope Clinic for Women, Ltd. v. Flores, 991 N.E.2d 745 (Ill. 2013), [Illinois State Bar Association](https://www.isba.org/barnews/2013/07/11/illinois-supreme-court-upholds-parental-notice-abortion-act-1995)* ## At a glance Every machine-readable determination in the research document. Each value is derived from a sourced finding below. | Field | Value | | --- | --- | | Legal classification | Protected by statute | | Gestational limit weeks | — | | Limit measured from | — | | Abortion currently available | Yes | | Ban or limit enjoined | No | | Mother expressly exempt | Yes | | Mother prosecutable in practice | No | | Self managed abortion criminalized | No | | Abortion charged as homicide | No | | Fetal homicide law | Yes | | Fetal wrongful death action | Yes | | Personhood language in law | No | | Personhood contradiction | Yes | | Medication abortion distinct status | Yes | | Mailing pills banned | No | | Method bans | None | | Telehealth prescribing allowed | Yes | | Physician only law | No | | Provider max penalty | — | | Helpers criminally exposed | No | | Travel assistance criminalized | No | | Civil bounty law | No | | Shield state | Yes | | Waiting period hours | — | | State scripted counseling | No | | Ultrasound required | None | | In person visits required | 0 | | Parental involvement | None | | Judicial bypass available | Not applicable | | Spousal consent or notice on books | No | | Medicaid coverage | Broader than hyde | | Private insurance restricted | No | | State funding posture | Funds providers | | Rape incest exception | Not applicable | | Exceptions present | Life, Physical health, Mental health, Ectopic miscarriage carveout | | Major pending change | Yes | ## Definitions **Abortion broadly defined; IVF excluded** 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. 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. > "'Abortion' means the use of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of an individual known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus." > — 775 ILCS 55/1-10 **Legal analysis** Section 1-10 of the Reproductive Health Act (775 ILCS 55/1-10) defines 'abortion' as 'the use of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of an individual known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.' 'Pregnancy' is separately defined as 'the human reproductive process, beginning with the implantation of an embryo.' This implantation-based definition means that pre-implantation conduct — including IVF embryo creation and storage, and use of emergency contraception — falls outside the statutory definition of abortion. The exclusion for removing a dead fetus ensures miscarriage management is not treated as abortion. The RHA, enacted by PA 101-13 (2019), repealed the prior Illinois Abortion Law of 1975, which had used a similar but more criminal-law-focused definition. *Sources — Verified at source · High confidence · 775 ILCS 55/1-10, subsection 1-10, [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10) · 775 ILCS 55/1-10 (definition of Pregnancy), subsection 1-10, [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10)* ## Current status **Fundamental right; viability limit** Abortion is a statutory fundamental right in Illinois through fetal viability, with post-viability abortion allowed for life or health. 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. > "A fertilized egg, embryo, or fetus does not have independent rights under the laws of this State." > — 775 ILCS 55/1-15(c) **Legal analysis** The Reproductive Health Act (775 ILCS 55/), effective June 12, 2019, establishes that '(a) Every individual has a fundamental right to make autonomous decisions about the individual's own reproductive health, including the fundamental right to use or refuse reproductive health care. (b) Every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth or to have an abortion, and to make autonomous decisions about how to exercise that right. (c) A fertilized egg, embryo, or fetus does not have independent rights under the laws of this State.' 775 ILCS 55/1-15. Section 1-25 provides the sole gestational limit: once a health care professional determines fetal viability exists, abortion care may be provided only if, in the professional judgment of the health care professional, the abortion is necessary to protect the life or health of the patient. 'Fetal viability' is defined in Section 1-10 as a determination by the attending health care professional, based on the particular facts of the case, that there is a significant likelihood of sustained survival outside the uterus without extraordinary medical measures. The RHA repealed the Illinois Abortion Law of 1975, the Partial-birth Abortion Ban Act, and the Abortion Performance Refusal Act. *Sources — Verified at source · High confidence · 775 ILCS 55/1-15(c), subsection 1-15(c), [Illinois General Assembly](https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F) · 775 ILCS 55/1-25(a), subsection 1-25(a), [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25)* ## Law-in-effect vs. law-on-the-books **Fully enforceable; no injunctions** 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. 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. **Legal analysis** Illinois operates under a fully enforceable abortion-protective regime. The Reproductive Health Act (PA 101-13, 2019) is not subject to any judicial stay or injunction. HB 4664 (Patient and Provider Protection Act, PA 102-1117, effective January 13, 2023) and the Hospital Emergency Service Act amendments (PA 103-784, effective August 7, 2024) are in full force. The one partially enjoined statute is SB 1909 (Deceptive Practices of Limited Services Pregnancy Centers Act, PA 103-270), which was challenged on First Amendment grounds by anti-abortion groups in federal court (NIFLA v. Raoul). The Illinois Attorney General agreed to a permanent consent order in December 2023 permanently halting enforcement of the law. Some local 'sanctuary city for the unborn' ordinances, such as Danville's, have been enacted but face unresolved legal questions under the RHA's home rule preemption (775 ILCS 55/1-35). *Sources — Semi-verified · High confidence · 775 ILCS 55/1-35, subsection 1-35, [Illinois General Assembly](https://www.ilga.gov/ftp/ILCS/Ch%200775/Act%200055/077500550K1-5.html) · capitolnewsillinois.com reporting on SB 1909 injunction, [Capitol News Illinois](https://capitolnewsillinois.com/news/updated-federal-judge-temporarily-blocks-illinois-law-subjecting-crisis-pregnancy-centers-to-civil-liability)* **Editor's note.** The Deceptive Practices of Limited Services Pregnancy Centers Act (SB 1909/PA 103-270) was permanently enjoined by consent order; do not describe it as enforceable. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ## Exceptions ### Life of the mother **Life exception post-viability** 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. 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. > "If the health care professional determines that there is fetal viability, the health care professional may provide abortion care only if, in the professional judgment of the health care professional, the abortion is necessary to protect the life or health of the patient." > — 775 ILCS 55/1-25(a) **Legal analysis** Section 1-25(a) of the RHA (775 ILCS 55/1-25) provides the post-viability framework: 'If the health care professional determines that there is fetal viability, the health care professional may provide abortion care only if, in the professional judgment of the health care professional, the abortion is necessary to protect the life or health of the patient.' Illinois law treats the life exception as coextensive with the health exception — the same professional-judgment standard applies. Additionally, the Illinois Hospital Emergency Service Act (210 ILCS 80/1(b-2)), as amended by PA 103-784, explicitly provides that 'stabilizing treatment includes abortion when abortion is necessary to resolve the patient's injury or acute medical condition that is liable to cause death or severe injury or serious illness.' *Sources — Verified at source · High confidence · 775 ILCS 55/1-25(a), subsection 1-25(a), [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25) · 210 ILCS 80/1(b-2), subsection (b-2), [Justia](https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80)* ### Physical health **Physical health exception post-viability** Post-viability abortion is permitted to protect the patient's physical health; 'health' is defined broadly to include physical, emotional, psychological, and familial factors. 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. > "'Health of the patient' means all factors that are relevant to the patient's health and well-being, including, but not limited to, physical, emotional, psychological, and familial health and age." > — 775 ILCS 55/1-10 **Legal analysis** The health exception is contained in the same provision as the life exception: 775 ILCS 55/1-25(a). Section 1-10 defines 'health of the patient' as 'all factors that are relevant to the patient's health and well-being, including, but not limited to, physical, emotional, psychological, and familial health and age.' This definition mirrors the broad health exception upheld in Doe v. Bolton, 410 U.S. 179 (1973), and is not confined to imminent physical danger. No additional certification or documentation beyond the health care professional's judgment is required. The Hospital Emergency Service Act (210 ILCS 80/1(b-1)) also enumerates specific conditions that qualify as acute medical conditions warranting emergency care: ectopic pregnancy, complications of pregnancy loss, risks to future fertility, previable PPROM, and emergent hypertensive disorders such as preeclampsia. *Sources — Verified at source · High confidence · 775 ILCS 55/1-10, subsection 1-10, [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10) · 210 ILCS 80/1(b-1), subsection (b-1), [Justia](https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80)* ### Mental health **Mental health exception post-viability** 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.' 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. > "'Health of the patient' means all factors that are relevant to the patient's health and well-being, including, but not limited to, physical, emotional, psychological, and familial health and age." > — 775 ILCS 55/1-10 **Legal analysis** The RHA's definition of 'health of the patient' in 775 ILCS 55/1-10 expressly includes 'emotional, psychological' factors. Combined with the post-viability standard in Section 1-25(a), this creates a mental health exception to the viability limit. This is one of the broadest mental-health exceptions in the country, as Illinois law imposes no requirement for a psychiatric diagnosis, no minimum-severity threshold, and no independent verification. The health care professional's own professional judgment is dispositive. *Sources — Verified at source · High confidence · 775 ILCS 55/1-10, subsection 1-10, [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10)* ### Ectopic pregnancy & miscarriage care **Ectopic/miscarriage excluded from 'abortion'** 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. 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. > "'Abortion' means the use of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy ... with an intention other than to ... remove a dead fetus." > — 775 ILCS 55/1-10 **Legal analysis** The RHA definition of 'abortion' in 775 ILCS 55/1-10 expressly excludes procedures performed 'to remove a dead fetus,' thus fully excluding miscarriage management. The definition of 'pregnancy' as beginning 'with the implantation of an embryo' means that ectopic pregnancy treatment, which addresses an implanted-but-non-viable pregnancy, is not encompassed by the definitional framework as an 'abortion' in a meaningful restrictive sense. The Hospital Emergency Service Act amendments (210 ILCS 80/1(b-1)) enumerate ectopic pregnancy and complications of pregnancy loss as conditions requiring emergency care. Federally, EMTALA continues to require stabilizing care in hospital emergency departments. *Sources — Verified at source · High confidence · 775 ILCS 55/1-10, subsection 1-10, [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10) · 210 ILCS 80/1(b-1), subsection (b-1), [Justia](https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80)* ### Rape **Rape exception: not applicable** 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. 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. **Legal analysis** Because Illinois imposes no gestational ban short of viability and permits post-viability abortion for health reasons (including emotional and psychological health), a distinct 'rape exception' is legally unnecessary. No reporting-to-law-enforcement requirement, no forensic-examination requirement, and no certification of sexual assault is imposed by Illinois law in connection with abortion access. *Sources — No law on this point · High confidence · 775 ILCS 55/1-15, subsection 1-15(b), [Illinois General Assembly](https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F)* ### Incest **Incest exception: not applicable** No incest exception is needed because abortion is broadly legal through viability for any reason; no special documentation exists. 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. **Legal analysis** Same analysis as rape exception: the breadth of Illinois's abortion protections renders a separate incest exception unnecessary. No mandatory reporting of incest is triggered by the abortion itself, though mandatory reporting obligations for child abuse under other statutes may apply independently if the pregnant person is a minor. *Sources — No law on this point · High confidence · 775 ILCS 55/1-15(b), subsection 1-15(b), [Illinois General Assembly](https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F)* ### Fatal fetal anomaly **Fatal fetal anomaly: not separately needed** 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. 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. **Legal analysis** No separate fatal-fetal-anomaly exception exist in Illinois law. Because pre-viability abortion is unrestricted, and post-viability abortion may be provided when necessary to protect the health of the patient — with health including emotional and psychological factors — a diagnosis of a fatal fetal anomaly would support a post-viability abortion under the general health exception. No certification of the anomaly by a second physician or genetic counselor is required. *Sources — No law on this point · High confidence · 775 ILCS 55/1-25(a), subsection 1-25(a), [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25)* ## Methods ### Procedural surgical **Legal; no method-specific bans** 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. 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. **Legal analysis** The Illinois Partial-birth Abortion Ban Act and the Illinois Abortion Law of 1975 were both repealed by PA 101-13 (2019), Section 905. No replacement method-specific bans exist. The federal Partial-Birth Abortion Ban Act of 2003 (18 U.S.C. § 1531) remains operative in Illinois as federal law, but it does not apply to D&E and has been construed narrowly by courts. Illinois has no 'dismemberment abortion' ban. Under 77 Ill. Admin. Code Part 205, abortion facilities operating as ambulatory surgical treatment centers (ASTCs) must be licensed, and an ASTC devoted primarily to abortion must have a licensed physician as part of its corporate structure, but this is a facility-licensing rule, not a procedural ban. *Sources — Semi-verified · High confidence · PA 101-13, Article 905 (repealing Partial-birth Abortion Ban Act), [ACLU of Illinois](https://www.aclu-il.org/legislation/sb-25-illinois-reproductive-health-act) · 77 Ill. Admin. Code § 205.118(d), subsection (d), [Cornell LII](https://www.law.cornell.edu/regulations/illinois/Ill-Admin-Code-tit-77-SS-205.118)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Medication **Legal; state protects against FDA rollback** 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. 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. **Legal analysis** Medication abortion shares the same legal status under the RHA as procedural abortion: permitted through viability, and post-viability for health. The RHA definition of 'abortion' expressly includes 'medicine, drug, or any other substance,' covering medication abortion. HB 3637 (2025) amended Illinois law to provide that any medication that had FDA approval prior to 2025 and remains approved by the World Health Organization remains legally accessible in Illinois even if the FDA revokes its approval — a direct response to federal litigation seeking to withdraw mifepristone from the market. HB 3709 (2025) amended the Public Higher Education Act to require public institutions with on-campus pharmacies or student health centers to provide access to contraception and medication abortion beginning in the 2025-2026 academic year. Illinois has no law prohibiting mailing abortion pills. Illinois does not require in-person dispensing of mifepristone, and the state's telehealth-friendly regulatory environment permits remote prescribing. *Sources — Verified at source · High confidence · HB 3637 (2025), [Ms. Magazine / Capitol News Illinois](https://msmagazine.com/2025/06/10/illinois-mifepristone-abortion-pill-fda-approval) · HB 3709 (2025), [Chicago Abortion Fund / Governor's Office](https://www.chicagoabortionfund.org/press-releases/governor-pritzker-signs-landmark-bill-to-ensure-campus-access-to-medication-abortion-and-contraception) · 775 ILCS 55/1-10, subsection 1-10, [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10)* **Editor's note.** HB 3637 and HB 3709 were signed in 2025; confirm that codified sections are reflected in the published Illinois Compiled Statutes. ### Self managed **Self-managed: not criminalized** 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. 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. > "Obtaining an abortion in Illinois is not a crime." > — Illinois Attorney General Guidance to Law Enforcement on Abortion (June 1, 2022) **Legal analysis** Three layers of protection insulate the pregnant person from criminal exposure for self-managed abortion. First, the RHA (775 ILCS 55/1-15) establishes abortion as a fundamental right and Section 1-20 prohibits the state from prosecuting, punishing, or otherwise depriving an individual of their rights based on pregnancy outcome. Second, Illinois's fetal homicide statutes (720 ILCS 5/9-1.2(b), 9-2.1, 9-3.2(c)) all expressly define 'person' to exclude 'the pregnant individual whose unborn child is killed,' and each contains an abortion exception. Third, in his June 1, 2022 guidance to law enforcement, Attorney General Kwame Raoul stated unambiguously: 'Obtaining an abortion in Illinois is not a crime. No provision in the Illinois Criminal Code establishes an offense for obtaining or performing an abortion.' The guidance cites 720 ILCS 5/12-3.1(d) (battery exclusion) and 720 ILCS 5/9-1.2(c) (homicide exclusion for consented abortion). There is no separate statute criminalizing self-managed abortion, and the repeal of the Illinois Abortion Law of 1975 removed any residual criminal exposure. *Sources — Verified at source · High confidence · Illinois Attorney General Guidance to Law Enforcement on Abortion (June 1, 2022), page 1, [Illinois Attorney General](https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf) · 720 ILCS 5/9-1.2(b), (c), subsections (b) and (c), [Illinois General Assembly](https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-1.2.htm) · 720 ILCS 5/9-3.2(c), (d), subsections (c) and (d), [Illinois General Assembly](https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-3.2.htm)* ## Actors ### Who may perform **Physicians, APRNs, and PAs authorized** 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. 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. > "An advanced practice registered nurse or physician assistant as defined in this Act may perform aspiration abortion procedures that do not require general anesthesia, consistent with their training and standards of clinical practice." > — 775 ILCS 55/1-25(a) **Legal analysis** Section 1-25(a) of the RHA (775 ILCS 55/1-25) authorizes 'a health care professional' to provide abortion care in accordance with the professional's judgment, training, and scope of practice. Section 1-10 defines 'health care professional' as 'a person who is licensed as a physician, advanced practice registered nurse, or physician assistant.' The provision expressly states: 'An advanced practice registered nurse or physician assistant as defined in this Act may perform aspiration abortion procedures that do not require general anesthesia, consistent with their training and standards of clinical practice and, if applicable, consistent with any collaborative agreement.' This provision was added by HB 4664 (PA 102-1117, 2023). Illinois does not have hospital-only or ambulatory-surgical-center-only requirements for abortion, though facilities meeting the ASTC definition under 210 ILCS 5/ must be licensed as such. No admitting-privileges requirement exists. *Sources — Verified at source · High confidence · 775 ILCS 55/1-25(a), subsection 1-25(a), [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25) · 775 ILCS 55/1-10, subsection 1-10, [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-10)* ### Criminal civil exposure #### Pregnant woman **Expressly exempt from all liability** 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. 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. > "There shall be no cause of action against a health care professional, a medical institution, or the pregnant person for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given." > — 740 ILCS 180/2.2 **Legal analysis** The pregnant person is shielded by multiple overlapping provisions. 775 ILCS 55/1-20(a)(2) prohibits the state from 'prosecuting, punishing, or otherwise depriving an individual of their rights' based on 'the impact on the individual's pregnancy, pregnancy outcome, or health.' The June 1, 2022 Attorney General guidance cites 720 ILCS 5/12-3.1(d) (battery exclusion) and 720 ILCS 5/9-1.2(c) (homicide exclusion for consented abortion). The fetal homicide provisions (720 ILCS 5/9-1.2(b), 720 ILCS 5/9-3.2(c)) expressly exclude the pregnant individual from the definition of 'person.' The Wrongful Death Act (740 ILCS 180/2.2) expressly provides that 'there shall be no cause of action against ... the pregnant person for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given.' No provision of Illinois law criminalizes self-managed abortion. *Sources — Verified at source · High confidence · 740 ILCS 180/2.2, Section 2.2, [FindLaw](https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-180-2-2) · Illinois Attorney General Guidance (June 1, 2022), page 1, [Illinois Attorney General](https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf)* #### Physician **No criminal exposure for lawful care** 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. 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. **Legal analysis** PA 101-13 (2019) repealed the Illinois Abortion Law of 1975 (720 ILCS 510/), which had criminalized abortion outside certain parameters as a Class 1 or Class 2 felony. The RHA moved abortion regulation from the criminal code to a rights-based framework. The Illinois Attorney General's 2022 guidance confirms: 'No provision in the Illinois Criminal Code establishes an offense for obtaining or performing an abortion.' Physicians are subject to general professional licensing discipline under the Medical Practice Act of 1987 for unprofessional conduct, but the shield law provisions (HB 3637, 2025) and HB 4664 (2023) protect providers from discipline for providing care that is lawful in Illinois even if it would be unlawful elsewhere. *Sources — Verified at source · High confidence · Illinois Attorney General Guidance (June 1, 2022), page 1, [Illinois Attorney General](https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf)* **Editor's note.** A physician who performs a post-viability abortion without the requisite health-or-life determination could theoretically face license discipline, but the RHA removed criminal penalties. #### Prescriber pharmacist **No criminal exposure; shield protections apply** APRNs and PAs who prescribe medication abortion and pharmacists who dispense it face no criminal liability; shield laws protect against out-of-state discipline. 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. **Legal analysis** APRNs and PAs are included in the RHA definition of 'health care professional' (775 ILCS 55/1-10) and are authorized to provide abortion care, including prescribing medication abortion, under Section 1-25. Pharmacists who lawfully dispense abortion medication are not subject to criminal exposure under Illinois law. HB 4664 (PA 102-1117, 2023) and HB 3637 (2025) provide shield protections: Illinois licensing boards may not discipline health care professionals for providing care that is lawful in Illinois; out-of-state subpoenas and extradition requests related to lawful Illinois health care are restricted; and professionals may countersue for damages if subjected to out-of-state judgments for care lawful in Illinois. *Sources — Verified at source · High confidence · 775 ILCS 55/1-10, 1-25, subsection 1-25(a), [FindLaw](https://codes.findlaw.com/il/chapter-775-human-rights/il-st-sect-775-55-1-25)* #### Nurses and staff **No criminal exposure** Nurses and clinic staff who assist in lawful abortion care face no criminal liability under Illinois law; the former criminal provisions were repealed. 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. **Legal analysis** The repeal of the Illinois Abortion Law of 1975 eliminated criminal accomplice liability for abortion-related conduct. The Illinois Health Care Right of Conscience Act (745 ILCS 70/) permits health care personnel to refuse to participate in abortion, but does not create criminal liability for those who do participate. The RHA Section 1-20 prohibits the state from prosecuting or punishing individuals for their role in reproductive health care. General criminal laws (aiding and abetting, conspiracy) cannot be applied to conduct that is not itself criminal. *Sources — Verified at source · High confidence · Illinois Attorney General Guidance (June 1, 2022), page 1, [Illinois Attorney General](https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf) · 745 ILCS 70/, [Illinois General Assembly](https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2082&ChapterID=58&Print=True)* #### Other helpers **No criminal exposure for assistance** 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. 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. **Legal analysis** Illinois law does not criminalize aiding, abetting, or facilitating lawful abortion care. The RHA's prohibition on state interference with reproductive health care (775 ILCS 55/1-20) extends to those who assist. HB 4664 (PA 102-1117, 2023) specifically protects 'any person or entity that assists' someone in obtaining lawful reproductive health care from out-of-state subpoenas and investigations. Illinois has no 'abortion trafficking' statute. Local ordinances — such as the Danville ordinance purporting to ban mailing abortion pills — would be of questionable enforceability under the RHA's home rule preemption (775 ILCS 55/1-35). *Sources — Verified at source · High confidence · 775 ILCS 55/1-20, page 1, citing 775 ILCS 55/1-20(a)(2), [Illinois Attorney General Guidance](https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf)* ## Aiding & assisting ### Travel assistance **Not criminalized; shielded** 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. 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. **Legal analysis** Illinois imposes no restriction on travel for abortion. The RHA's fundamental-rights provision and the shield law in HB 4664 protect travel assistance. No Illinois statute criminalizes transporting a minor across state lines for abortion or assisting interstate travel. The shield law prohibits Illinois officials from cooperating with out-of-state subpoenas or investigations targeting those who assist with travel for lawful abortion care. *Sources — Semi-verified · High confidence · HB 4664 (PA 102-1117, 2023) — Shield Law, [Shipman & Goodwin LLP](https://www.shipmangoodwin.com/insights/new-illinois-statute-seeks-to-protect-providers-and-patients-seeking-abortions-and-gender-affirming-care-in-that-state.html)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Funding **Not criminalized; protected** 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. 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. **Legal analysis** No Illinois statute criminalizes or restricts funding for abortion care. Illinois law affirmatively requires both Medicaid (via HB 40) and private insurance (via 215 ILCS 5/356z.4a and the Birth Equity Act) to cover abortion. Abortion funds face no legal impediments. The Illinois Human Rights Act, as amended effective January 1, 2025, prohibits discrimination based on reproductive health decisions in employment, housing, credit, and public accommodations. *Sources — Verified at source · High confidence · 215 ILCS 5/356z.4a, subsection (a), [FindLaw](https://codes.findlaw.com/il/chapter-215-insurance/il-st-sect-215-5-356z-4a)* ### Mailing pills **Not illegal under state law** 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. 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. **Legal analysis** Illinois imposes no state-level restriction on mailing abortion medication. The federal Comstock Act (18 U.S.C. §§ 1461-1462), if revived by a future administration, could theoretically create federal exposure. The Danville ordinance (Ordinance Adding Chapter 142, approved May 2, 2023) purports to ban mailing abortion pills into the city, invoking the Comstock Act. The Illinois Attorney General and ACLU have stated the ordinance is preempted by the RHA's home rule limitation (775 ILCS 55/1-35). No litigation has resolved the preemption question, but no enforcement actions under the Danville ordinance are publicly known. HB 3637 (2025) further reinforces medication abortion access. **Conflicting authority.** The Danville local ordinance conflicts with state law (Reproductive Health Act). The preemption question has not been litigated, but Illinois officials maintain the ordinance is unenforceable. *Sources — Semi-verified · Medium confidence · ACLU of Illinois on Danville Ordinance, [ACLU of Illinois](https://www.aclu-il.org/press-releases/aclu-illinois-warns-danville-proposed-ordinance-violates-state-law-and-constitution) · AP News on Danville Ordinance, [AP News](https://apnews.com/article/abortion-pills-ordinance-danville-illinois-a4bbda7fd47b76c2718470daf7bcbe13)* **Editor's note.** The Danville ordinance remains on the books but has not been enforced; its validity under RHA home rule preemption (775 ILCS 55/1-35) is unresolved. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Providing information **Not criminalized; free speech protected** 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. 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. **Legal analysis** No Illinois statute criminalizes providing abortion information. The SB 1909 Deceptive Practices of Limited Services Pregnancy Centers Act (PA 103-270, 2023), which subjected crisis pregnancy centers to consumer fraud liability for deceptive practices, was permanently enjoined by federal court consent order in December 2023 on First Amendment grounds. General consumer fraud statutes remain applicable to false commercial speech. The First Amendment fully protects truthful abortion-related speech, including referrals and website information. Illinois's shield laws reinforce protection from out-of-state investigations for those providing information about lawful abortion care. *Sources — Semi-verified · High confidence · Capitol News Illinois on SB 1909 injunction, [Capitol News Illinois](https://capitolnewsillinois.com/news/after-pushing-for-law-targeting-crisis-pregnancy-centers-attorney-general-backs-off-legal-fight)* **Editor's note.** The permanent injunction of SB 1909 means Illinois currently has no law specifically regulating speech by crisis pregnancy centers. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Civil bounty **No civil bounty law** Illinois has no SB8-style private civil enforcement law; private citizens cannot sue abortion providers or those who assist abortion patients. 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. **Legal analysis** No Illinois statute authorizes private civil enforcement against abortion providers, patients, or assisters. Illinois law affirmatively prohibits the use of state resources to penalize lawful reproductive health care. The RHA Section 1-20 prohibits any state actor from denying, restricting, interfering with, or discriminating against reproductive health decision-making. Illinois has rejected the SB8 model. *Sources — Verified at source · High confidence · 775 ILCS 55/1-20, page 1, [Illinois Attorney General Guidance](https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf)* ## Procedural requirements ### Waiting period **No waiting period** 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. 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. **Legal analysis** The Illinois Abortion Law of 1975 had contained a 24-hour waiting period, but that law was repealed in its entirety by PA 101-13 (2019). The RHA imposes no waiting period. No separate statutory waiting period exists. The Illinois Supreme Court in Hope Clinic v. Flores, 991 N.E.2d 745 (Ill. 2013), had previously addressed waiting-period-related issues under the state constitution in the context of the Parental Notice Act, but with the repeal of all restrictive statutes, no waiting period remains. *Sources — Semi-verified · High confidence · PA 101-13 (2019), Article 905, [ACLU of Illinois](https://www.aclu-il.org/legislation/sb-25-illinois-reproductive-health-act)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Mandatory counseling **No state-scripted counseling** Illinois does not require state-scripted counseling or mandatory informational materials before an abortion; standard informed consent under medical practice law applies. 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. **Legal analysis** Illinois has no state-scripted informed consent statute for abortion. The general informed consent requirements of the medical practice statutes and common law apply, but no statute mandates that specific information be provided (e.g., fetal development descriptions, adoption information, or abortion alternatives). The prior Illinois Abortion Law of 1975 had contained informed consent provisions, but those were repealed with the rest of that act. *Sources — Semi-verified · High confidence · PA 101-13 (2019), [ACLU of Illinois](https://www.aclu-il.org/legislation/sb-25-illinois-reproductive-health-act)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Ultrasound requirement **No ultrasound requirement** 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. 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. **Legal analysis** No Illinois statute mandates ultrasound before abortion. The repealed Illinois Abortion Law of 1975 had no ultrasound requirement, and the RHA imposes none. Illinois is among the minority of states with no ultrasound requirement of any kind. *Sources — No law on this point · High confidence* **Editor's note.** Absence of an ultrasound requirement is confirmed by comprehensive reviews (Guttmacher, Center for Reproductive Rights); no Illinois statute mandates it. ### In person visits **Zero mandatory in-person visits** Illinois requires zero in-person visits for abortion care; both medication abortion and procedural abortion may be initiated without a prior in-person visit. 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. **Legal analysis** No Illinois statute creates a mandatory in-person visit requirement. The absence of a waiting period, state-scripted counseling, or ultrasound mandate means the cumulative legal minimum is zero in-person visits. Telehealth prescribing of medication abortion is permitted under Illinois law and practice. The FDA's removal of the in-person dispensing requirement for mifepristone in January 2023 operates in Illinois without state-law impediment. *Sources — Semi-verified · High confidence · DOBI Company Bulletin 2022-15, [Illinois Department of Insurance](https://idoi.illinois.gov/content/dam/soi/en/web/insurance/companies/companybulletins/cb2022-15.pdf)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ## Minors ### Parental involvement **No parental involvement required** 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. 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. **Legal analysis** The Youth Health and Safety Act (PA 102-685, signed December 17, 2021, effective June 1, 2022) repealed the Parental Notice of Abortion Act of 1995 (formerly 750 ILCS 70/). Prior to repeal, that Act had required notification of an adult family member (parent, grandparent, stepparent, or guardian) at least 48 hours before a minor's abortion, with a judicial bypass procedure. The repeal eliminated all statutory parental involvement requirements. The Illinois Supreme Court had upheld the Parental Notice Act against constitutional challenges in Hope Clinic for Women, Ltd. v. Flores, 991 N.E.2d 745 (Ill. 2013), but the legislature chose to repeal it. No replacement requirements exist. *Sources — Semi-verified · High confidence · PA 102-685 (Youth Health and Safety Act), [Capitol News Illinois](https://capitolnewsillinois.com/news/new-law-ends-parental-notification-in-illinois) · ACLU of Illinois on PNA repeal, [ACLU of Illinois](https://www.aclu-il.org/press-releases/illinois-expands-access-abortion-care-ends-enforcement-parental-notice-law)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Judicial bypass **Not applicable; parental law repealed** 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. 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. **Legal analysis** Prior to June 1, 2022, the Parental Notice of Abortion Act of 1995 provided a judicial bypass procedure: a minor could petition a circuit court for a waiver of the notice requirement based on maturity or best interests. The court was required to rule within 48 hours, with confidentiality protections and an expedited appeal. The repeal of the Act (PA 102-685) eliminated this procedure entirely. Because no parental involvement requirement exists, judicial bypass is not applicable. *Sources — No law on this point · High confidence · Hope Clinic for Women, Ltd. v. Flores, 991 N.E.2d 745 (Ill. 2013), [Illinois State Bar Association](https://www.isba.org/barnews/2013/07/11/illinois-supreme-court-upholds-parental-notice-abortion-act-1995)* **Editor's note.** The statute that created the bypass was repealed; this finding describes the prior law only for background. ## Paternal spousal rights ### Consent or notice laws **No spousal/paternal consent or notice laws** 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. 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. **Legal analysis** No Illinois statute requires spousal or paternal consent or notice. The repealed Illinois Abortion Law of 1975 had contained no such provision. Any such law would be unconstitutional under Planned Parenthood v. Danforth, 428 U.S. 52 (1976) (striking down spousal consent) and Planned Parenthood v. Casey, 505 U.S. 833 (1992) (striking down spousal notification). The RHA's framework, establishing abortion as a fundamental individual right, is inconsistent with any third-party consent requirement. *Sources — Semi-verified · High confidence · Planned Parenthood v. Danforth, 428 U.S. 52 (1976), [U.S. Supreme Court](https://supreme.justia.com/cases/federal/us/428/52/) · Planned Parenthood v. Casey, 505 U.S. 833 (1992), [U.S. Supreme Court](https://supreme.justia.com/cases/federal/us/505/833/)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Enforceability **No state law to enforce or enjoin** 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. 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. **Legal analysis** Under Planned Parenthood v. Danforth, 428 U.S. 52 (1976), spousal consent requirements violate the constitutional right to abortion. Under Planned Parenthood v. Casey, 505 U.S. 833 (1992), spousal notification requirements constitute an undue burden. Dobbs (2022) overruled Roe and Casey, but Danforth's spousal-consent holding was grounded in the now-repudiated Roe framework and its future vitality is uncertain. However, this is academic in Illinois: the RHA (775 ILCS 55/1-15(b)) independently establishes abortion as a fundamental statutory right, and Section 1-20 prohibits governmental interference with that right. *Sources — Semi-verified · High confidence · Planned Parenthood v. Danforth, 428 U.S. 52 (1976), [Justia](https://supreme.justia.com/cases/federal/us/428/52/)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Other paternal rights **Father has no veto; fetal wrongful death claims possible** 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. 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. > "There shall be no cause of action against a health care professional, a medical institution, or the pregnant person for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given." > — 740 ILCS 180/2.2 **Legal analysis** No Illinois statute gives the father standing to prevent an abortion. The Wrongful Death Act (740 ILCS 180/2.2) permits a cause of action for fetal death 'arising from the death of a human being caused by wrongful act, neglect or default' and states that 'the state of gestation or development of a human being ... shall not foreclose maintenance of any cause of action.' However, the same section explicitly bars claims 'against a health care professional, a medical institution, or the pregnant person for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given.' The father — as a potential 'next of kin' under 740 ILCS 180/2 — may have standing in third-party fetal-death cases but not in abortion cases. Illinois has no putative-father registry relevant to abortion. *Sources — Verified at source · High confidence · 740 ILCS 180/2.2, Section 2.2, [FindLaw](https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-180-2-2)* ## Fetal personhood ### Fetal homicide law **Fetal homicide from implantation; abortion exempt** Illinois recognizes fetal homicide at any stage from implantation, but the statutes expressly exclude lawful abortion and the pregnant individual from liability. 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. > "'unborn child' shall mean any individual of the human species from the implantation of an embryo until birth, and 'person' shall not include the pregnant individual whose unborn child is killed." > — 720 ILCS 5/9-1.2(b), (c) **Legal analysis** Illinois has three fetal homicide statutes: (1) Intentional Homicide of an Unborn Child (720 ILCS 5/9-1.2), punishable as first-degree murder; (2) Voluntary Manslaughter of an Unborn Child (720 ILCS 5/9-2.1); and (3) Involuntary Manslaughter and Reckless Homicide of an Unborn Child (720 ILCS 5/9-3.2), Class 3 felonies. 'Unborn child' is defined in each as 'any individual of the human species from the implantation of an embryo until birth.' Each statute contains two critical carve-outs: (a) 'person' does not include the pregnant individual whose unborn child is killed (720 ILCS 5/9-1.2(b), 9-3.2(c)); and (b) the statute does not apply to acts committed during any abortion as defined in the RHA to which the pregnant individual consented, or to acts committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment (720 ILCS 5/9-1.2(c), 9-3.2(d)). *Sources — Verified at source · High confidence · 720 ILCS 5/9-1.2(b), (c), subsections (b) and (c), [Illinois General Assembly](https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-1.2.htm) · 720 ILCS 5/9-3.2(c), (d), subsections (c) and (d), [Illinois General Assembly](https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-3.2.htm)* ### Wrongful death **Fetal wrongful death allowed; abortion exempt** 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. 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. > "There shall be no cause of action against a health care professional, a medical institution, or the pregnant person for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given." > — 740 ILCS 180/2.2 **Legal analysis** The Illinois Wrongful Death Act (740 ILCS 180/2.2) provides: 'The state of gestation or development of a human being when an injury is caused, when an injury takes effect, or at death, shall not foreclose maintenance of any cause of action under the law of this State arising from the death of a human being caused by wrongful act, neglect or default.' This creates a fetal wrongful death cause of action from conception. However, the same section carves out abortion: 'There shall be no cause of action against a health care professional, a medical institution, or the pregnant person for the wrongful death of a fetus caused by an abortion where the abortion was permitted by law and the requisite consent was lawfully given.' An exception to the exception exists: 'a cause of action is not prohibited where the fetus is live-born but subsequently dies.' These provisions were enacted by HB 4664 (PA 102-1117, 2023) and represent a careful balancing of fetal-personhood tort principles against abortion rights. *Sources — Verified at source · High confidence · 740 ILCS 180/2.2, Section 2.2, [FindLaw](https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-180-2-2)* ### Personhood definition **No fetal personhood in law; expressly rejected** 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. 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. > "A fertilized egg, embryo, or fetus does not have independent rights under the laws of this State." > — 775 ILCS 55/1-15(c) **Legal analysis** Section 1-15(c) of the RHA (775 ILCS 55/1-15(c)) provides: 'A fertilized egg, embryo, or fetus does not have independent rights under the laws of this State.' This is an explicit statutory rejection of fetal personhood. However, the Criminal Code (720 ILCS 5/9-1.2, 9-2.1, 9-3.2) defines 'unborn child' as 'any individual of the human species from the implantation of an embryo until birth' for purposes of homicide. No Illinois constitutional provision defines fetal personhood. The Illinois Human Rights Act has not been construed to extend to the unborn. The Illinois Supreme Court in Hope Clinic recognized a right to abortion under the state constitution. There is no ballot measure or constitutional amendment pending that would establish fetal personhood, though anti-abortion groups have proposed constitutional amendments (HJRCA 0003, 2025) that would restrict abortion for minors. *Sources — Semi-verified · High confidence · 775 ILCS 55/1-15(c), subsection 1-15(c), [Illinois General Assembly](https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### 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 & interstate questions ### Telehealth prescribing **Telehealth allowed; no in-person requirement** Abortion medication can be prescribed via telehealth in Illinois with no in-person visit required; pills may be mailed directly to patients. 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. **Legal analysis** Illinois imposes no state-law restriction on telehealth prescribing of abortion medication. The FDA removed the in-person dispensing requirement for mifepristone in January 2023, and Illinois has not enacted any contrary requirement. The RHA's definition of abortion includes 'medicine, drug' and imposes no in-person requirement. HB 4664 (2023) allows telehealth by out-of-state providers with temporary Illinois permits. Illinois's general telehealth statute and medical practice regulations permit remote prescribing of medication, including abortion medication. The federal litigation over mifepristone (FDA v. Alliance for Hippocratic Medicine) resulted in the Supreme Court reinstating telehealth access; as of 2026, telehealth prescribing of mifepristone remains federally permitted. *Sources — Semi-verified · High confidence · DOBI Company Bulletin 2022-15, [Illinois Department of Insurance](https://idoi.illinois.gov/content/dam/soi/en/web/insurance/companies/companybulletins/cb2022-15.pdf) · Guttmacher Institute — Medication Abortion, [Guttmacher Institute](https://www.guttmacher.org/state-policy/explore/medication-abortion)* **Editor's note.** The federal litigation over mifepristone (FDA v. Alliance for Hippocratic Medicine) may affect the availability of telehealth prescribing nationwide; re-check the status of that litigation. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Out of state travel **Travel for abortion: fully lawful** 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. 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. **Legal analysis** No Illinois statute restricts or penalizes out-of-state travel for abortion. The constitutional right to interstate travel (Shapiro v. Thompson, 394 U.S. 618 (1969)) independently protects such travel. Illinois has affirmatively rejected the 'abortion trafficking' model adopted by some states. The RHA's fundamental-rights framework and the absence of any travel restriction mean that Illinois residents face no state-law exposure for traveling elsewhere for abortion care. Illinois also protects incoming patients through shield laws that prohibit cooperation with out-of-state investigations. *Sources — No law on this point · High confidence* ### Shield or hostile laws **Comprehensive shield state** 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. 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. **Legal analysis** HB 4664 (PA 102-1117, effective January 13, 2023), the Patient and Provider Protection Act, created Illinois's initial shield law framework. It prohibits Illinois agencies and officials from cooperating with out-of-state investigations related to lawful reproductive health care; restricts the issuance of subpoenas based on other states' laws targeting lawful health care; protects Illinois-licensed professionals from discipline for providing care lawful in Illinois; prohibits insurers from increasing rates based on provision of lawful care; and allows recovery of damages when a person is subjected to an out-of-state judgment for providing or obtaining care lawful in Illinois. HB 3637 (2025) expanded shield protections to further protect health care providers from discipline for providing care lawful in Illinois, even if medication had its FDA approval revoked. The Reproductive Health Records Privacy Act (HB 5295, signed June 2026) limits access to abortion-related electronic medical records and restricts out-of-state entities from obtaining such data without patient consent, effective July 1, 2027. Illinois also enacted protections for digital medical records (signed June 2026) shielding abortion patients' information from out-of-state entities. *Sources — Verified at source · High confidence · HB 4664 (PA 102-1117, 2023), [Illinois Government Newsroom](https://www.illinois.gov/news/release.html?releaseid=25906) · HB 3637 (2025), [Governor's Office](https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bills-to-fortify-reproductive-health-care-in-illinois) · Reproductive Health Records Privacy Act (HB 5295), [Governor's Office](https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-reproductive-health-records-privacy-act)* **Editor's note.** Multiple shield-law statutes enacted 2023-2026; confirm each has been codified in the Illinois Compiled Statutes. ## Funding and insurance ### Medicaid **Medicaid covers abortion fully** Illinois Medicaid covers abortion without restriction, funded by state dollars beyond the federal Hyde Amendment categories of life, rape, and incest. 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. **Legal analysis** House Bill 40 (PA 100-538, signed September 28, 2017, effective January 1, 2018) removed statutory prohibitions on state-funded abortion coverage. It amended the Illinois Public Aid Code and the State Employees Group Insurance Act to allow state funds to be used for abortion. The federal Hyde Amendment (annually renewed as a rider to HHS appropriations) prohibits federal Medicaid funds from covering abortion except in cases of life endangerment, rape, or incest, but states may use their own funds to cover abortion beyond those categories. Illinois does so. The Birth Equity Act (HB 5142, signed July 2024) further expanded coverage requirements. Illinois also has a program to cover abortion for uninsured and underinsured people (pending legislation SB 4011 in the 2025-2026 session). *Sources — Semi-verified · High confidence · HB 40 (PA 100-538, 2017), [ACLU](https://www.aclu.org/news/reproductive-freedom/medicaid-will-now-cover-abortion-low-income-women-illinois-take) · CORE/UW study on Illinois Medicaid abortion coverage, [University of Wisconsin CORE](https://core.wisc.edu/2025/02/03/study-medicaid-abortion-coverage-in-illinois-led-to-increased-access-to-care)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Private insurance **Private insurance must cover abortion** 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. 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. > "Coverage for abortion care may not impose any deductible, coinsurance, waiting period, or other cost-sharing limitation that is greater than that required for other pregnancy-related benefits covered by the policy." > — 215 ILCS 5/356z.4a(b) **Legal analysis** 215 ILCS 5/356z.4a (added by PA 101-13, 2019, and subsequently amended) mandates that no individual or group accident and health insurance policy providing pregnancy-related benefits may be issued, amended, delivered, or renewed in Illinois unless it covers abortion care. Coverage must include 'medications that are obtained through a prescription and used to terminate a pregnancy, regardless of whether there is proof of a pregnancy.' Cost-sharing for abortion may not exceed that for other pregnancy-related benefits, and policies may not impose restrictions or delays on abortion coverage. Multistate plans under 42 U.S.C. 18054(a)(6) are exempt if they do not provide abortion coverage. The Department of Insurance may grant exemptions to the minimum extent necessary to preserve federal funding. The Birth Equity Act (HB 5142, 2024) reinforced these requirements. Self-funded ERISA plans are preempted from state regulation, so the mandate does not apply to them. Religious employers may have some exemption under conscience provisions, though litigation on this point is ongoing (see Diocese of Springfield case, 2025 IL App (4th) 241282-U). *Sources — Verified at source · High confidence · 215 ILCS 5/356z.4a(b), subsection (b), [FindLaw](https://codes.findlaw.com/il/chapter-215-insurance/il-st-sect-215-5-356z-4a)* **Editor's note.** Section 215 ILCS 5/356z.4a has a version displayed by FindLaw that may have a sunset; confirm the current text in the official Illinois Compiled Statutes. ### Exchange plans **Exchange plans must cover abortion** 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. 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. **Legal analysis** Under 215 ILCS 5/356z.4a, Illinois-regulated plans — including qualified health plans sold on the ACA exchange — must cover abortion. Federal ACA regulations (45 C.F.R. § 156.280) require issuers of QHPs that cover abortion beyond Hyde categories to segregate at least $1 per member per month for such coverage and to provide notice to enrollees. The Illinois Department of Insurance has issued guidance (Company Bulletin 2022-15) clarifying that Illinois law remains unaffected with respect to abortion coverage. Multistate plans under 42 U.S.C. 18054(a)(6) are exempt from the Illinois mandate if they do not provide abortion coverage, per 215 ILCS 5/356z.4a(d). *Sources — Verified at source · High confidence · 215 ILCS 5/356z.4a, subsection (d), [FindLaw](https://codes.findlaw.com/il/chapter-215-insurance/il-st-sect-215-5-356z-4a)* ### State funding of providers **State funds abortion providers** Illinois affirmatively funds reproductive health care providers, including through Medicaid reimbursement for abortion and state grant programs. 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. **Legal analysis** HB 40 (2017) lifted the statutory ban on using state funds for abortion, enabling Medicaid reimbursement and state employee health plan coverage. Subsequent legislation has expanded funding: the Birth Equity Act (HB 5142, 2024) reinforced coverage mandates. Pending legislation (SB 4011, 2025-2026 session) would establish a state grant program to fund abortion services for uninsured and underinsured patients using state funds where federal funds are prohibited. The Illinois Attorney General has also sued to block federal efforts to defund Planned Parenthood and other providers. Illinois has rejected the Title X 'gag rule' and state-level defunding measures. *Sources — Semi-verified · High confidence · HB 40 (PA 100-538, 2017), [ACLU](https://www.aclu.org/news/reproductive-freedom/medicaid-will-now-cover-abortion-low-income-women-illinois-take) · SB 4011 (2025-2026), [LegiScan](https://legiscan.com/IL/text/SB4011/id/3353955)* **Editor's note.** SB 4011 is pending legislation; check its status for the most current information. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ## Penalties | Actor | Offense | Penalty | Verification | | --- | --- | --- | --- | | Pregnant woman | None — obtaining an abortion is not a crime in Illinois | None — expressly exempt from criminal and civil liability | Verified at source | | Physician | 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) | None — abortion is removed from the criminal code; professional licensing discipline possible for substandard care, though shielded for lawful care | Semi-verified | | Advanced practice registered nurse / Physician assistant | None — APRNs and PAs are authorized to provide abortion care including aspiration abortion under 775 ILCS 55/1-25 | None | Verified at source | | Pharmacist | None for lawful dispensing of abortion medication in Illinois | None | No law on this point | | Nurses and clinic staff | None — abortion care is not criminalized in Illinois | None | No law on this point | | Third party who kills fetus without consent | 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) | 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) | Verified at source | | Hospital that denies emergency abortion care | Violation of Illinois Hospital Emergency Service Act (210 ILCS 80/) | Business offense, fine up to $10,000 per violation; Department of Public Health may impose minimum $50,000 penalty per violation | Verified at source | ## Recent changes - **June 1, 2022** — 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 — Illinois AG Guidance (June 1, 2022), [Illinois Attorney General](https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf)* - **June 1, 2022** — 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 — PA 102-685, [ACLU of Illinois](https://www.aclu-il.org/press-releases/illinois-expands-access-abortion-care-ends-enforcement-parental-notice-law)* - **January 13, 2023** — 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 — PA 102-1117 (HB 4664), [Illinois Government Newsroom](https://www.illinois.gov/news/release.html?releaseid=25906)* - **May 2, 2023** — 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 — AP News, [AP News](https://apnews.com/article/abortion-pills-ordinance-danville-illinois-a4bbda7fd47b76c2718470daf7bcbe13)* - **July 27, 2023** — 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 — PA 103-270 (SB 1909), [Illinois Government Newsroom](https://www.illinois.gov/news/release.html?releaseid=26779)* - **December 13, 2023** — 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 — NPR Illinois / Capitol News Illinois, [NPR Illinois](https://www.nprillinois.org/illinois/2023-12-13/illinois-agrees-to-stop-enforcing-a-controversial-new-law-cracking-down-on-crisis-pregnancy-centers)* - **July 29, 2024** — 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 — HB 5142 (Birth Equity Act), [Chicago Abortion Fund](https://www.chicagoabortionfund.org/press-releases/governor-pritzker-signs-birth-equity-act-hb-5142new-legislation-mandates-comprehensive-abortion-coverage-in-illinois)* - **August 7, 2024** — 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 — PA 103-784 (210 ILCS 80/), [Justia](https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80)* - **June 10, 2025** — 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 — HB 3637 and HB 3709, [Governor's Office](https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bills-to-fortify-reproductive-health-care-in-illinois)* - **June 24, 2026** — 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 — Reproductive Health Records Privacy Act (HB 5295), [Governor's Office](https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-reproductive-health-records-privacy-act)* ## Pending changes ### FDA v. Alliance for Hippocratic Medicine (mifepristone federal litigation) (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. 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 — KFF Litigation Tracker, [KFF](https://www.kff.org/womens-health-policy/litigation-involving-reproductive-health-and-rights-in-the-federal-courts)* ### Diocese of Springfield v. Illinois Department of Insurance (No. 4-24-1282) (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. 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 — 2025 IL App (4th) 241282-U, [Illinois Attorney General / Illinois Courts](https://illinoisattorneygeneral.gov/News-Room/Current-News/Rule%2023%20Filed%20-%204th.pdf)* ### Effingham County 'sanctuary for the unborn' / Danville ordinance challenge (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. 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 — ACLU of Illinois on Danville ordinance, [ACLU of Illinois](https://www.aclu-il.org/press-releases/aclu-illinois-warns-danville-proposed-ordinance-violates-state-law-and-constitution)* ### SB 4011 (104th General Assembly) — Uninsured/Underinsured Abortion Grant Program (Legislation) **Status.** Pending in the Illinois General Assembly as of the 2025-2026 session 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 — SB 4011, [LegiScan](https://legiscan.com/IL/text/SB4011/id/3353955)* ### HB 3243 (104th General Assembly) — Proposed Illinois Abortion Law of 2025 (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. 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 — HB 3243, [Illinois General Assembly](https://ilga.gov/ftp/legislation/104/HB/10400HB3243.htm)* ## Key authorities - **Reproductive Health Act** — 775 ILCS 55/ _(Statute)_ · [ilga.gov/legislation/ILCS/details](https://www.ilga.gov/legislation/ILCS/details?ActID=3987&ActName=Reproductive+Health+Act.&ChapAct=775+ILCS+55%2F) The foundational Illinois statute establishing abortion as a fundamental right, defining key terms, and setting the viability limit with broad health exceptions. - **Patient and Provider Protection Act (HB 4664)** — Public Act 102-1117 (2023) _(Statute)_ · [illinois.gov/news/release.html](https://www.illinois.gov/news/release.html?releaseid=25906) 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. - **Hospital Emergency Service Act Amendments** — Public Act 103-784, 210 ILCS 80/ (2024) _(Statute)_ · [law.justia.com/codes/illinois/chap…](https://law.justia.com/codes/illinois/chapter-210/act-210-ilcs-80) Requires Illinois hospitals to provide emergency abortion care as stabilizing treatment and authorizes substantial penalties for noncompliance. - **Illinois Fetal Homicide Statutes** — 720 ILCS 5/9-1.2, 9-2.1, 9-3.2 _(Statute)_ · [ilga.gov/documents/legislati…](https://www.ilga.gov/documents/legislation/ilcs/documents/072000050K9-1.2.htm) Establish fetal homicide liability from implantation while expressly exempting the pregnant person and consented-to abortions. - **Wrongful Death Act — Fetal Death** — 740 ILCS 180/2.2 _(Statute)_ · [codes.findlaw.com/il/chapter-740-civi…](https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-180-2-2) Permits wrongful death claims for fetal death at any gestational stage but expressly excludes claims arising from lawful abortions. - **Private Insurance Abortion Coverage Mandate** — 215 ILCS 5/356z.4a _(Statute)_ · [codes.findlaw.com/il/chapter-215-insu…](https://codes.findlaw.com/il/chapter-215-insurance/il-st-sect-215-5-356z-4a) Requires Illinois-regulated private health insurance plans to cover abortion without additional cost-sharing; a key funding protection. - **Medicaid Abortion Funding (HB 40)** — Public Act 100-538 (2017) _(Statute)_ · [aclu.org/news/reproductive-f…](https://www.aclu.org/news/reproductive-freedom/medicaid-will-now-cover-abortion-low-income-women-illinois-take) Removed the statutory ban on state-funded abortion coverage, enabling Illinois Medicaid to cover abortion beyond Hyde Amendment categories. - **Youth Health and Safety Act (Parental Notice Repeal)** — Public Act 102-685 (2021) _(Statute)_ · [capitolnewsillinois.com/news/new-law-ends-p…](https://capitolnewsillinois.com/news/new-law-ends-parental-notification-in-illinois) Repealed the Parental Notice of Abortion Act, eliminating all parental involvement requirements for minors seeking abortion. - **Medication Abortion Protection (HB 3637)** — 2025 Illinois Laws (104th General Assembly) _(Statute)_ · [gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-…](https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-bills-to-fortify-reproductive-health-care-in-illinois) First-in-the-nation law ensuring medication abortion remains available in Illinois even if the FDA revokes approval of mifepristone. - **Campus Access to Medication Abortion (HB 3709)** — 2025 Illinois Laws (104th General Assembly) _(Statute)_ · [chicagoabortionfund.org/press-releases/gove…](https://www.chicagoabortionfund.org/press-releases/governor-pritzker-signs-landmark-bill-to-ensure-campus-access-to-medication-abortion-and-contraception) Requires public colleges and universities to offer medication abortion and contraception at campus health centers and pharmacies. - **Hope Clinic for Women, Ltd. v. Flores** — 991 N.E.2d 745 (Ill. 2013) _(Case)_ · [isba.org/barnews/2013/07/11/…](https://www.isba.org/barnews/2013/07/11/illinois-supreme-court-upholds-parental-notice-abortion-act-1995) Illinois Supreme Court recognized a constitutional right to abortion under the state constitution and upheld the (now-repealed) Parental Notice Act. - **Reproductive Health Records Privacy Act (HB 5295)** — 2026 Illinois Laws (104th General Assembly) _(Statute)_ · [gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-…](https://gov-pritzker-newsroom.prezly.com/gov-pritzker-signs-reproductive-health-records-privacy-act) Shields abortion-related electronic medical records from out-of-state access, effective July 1, 2027. - **Attorney General Guidance to Law Enforcement on Abortion** — Illinois Attorney General (June 1, 2022) _(Agency guidance)_ · [illinoisattorneygeneral.gov/Page-Attachments/Gu…](https://www.illinoisattorneygeneral.gov/Page-Attachments/Guidance%20to%20law%20enforcement%20on%20abortion%20060122.pdf) 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. Analysis current as of July 12, 2026; research completed July 12, 2026. 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. Unresolved points: 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..