State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Rhode Island has codified a statutory right to abortion up to fetal viability, with post-viability bans permitted only to preserve life or health, and protects providers and patients from out-of-state prosecutions through a shield law.
R.I. Gen. Laws § 23-4.13-2(a) · Benson v. McKee, 273 A.3d 121 (R.I. 2022)
Rhode Island is internally consistent on fetal personhood in a way that favors abortion access. The state repealed its fetal-homicide statute, rejected a fetal-personhood constitutional amendment, and codified a statutory right to abortion. The only tension is between the wrongful-death line of cases — which treats a viable fetus as a person for civil recovery purposes — and the RPA's treatment of the fetus as not a rights-holder.
R.I. Gen. Laws § 11-23-5 (repealed) · R.I. Const. Art. I, § 2 · Rhode Island Question 14 (1986)
An unemancipated minor under 18 who has not married must obtain consent from one parent or guardian, or obtain a judicial bypass from family court.
Rhode Island's spousal-notice requirement (Chapter 23-4.8) was repealed in 2019 by the Reproductive Privacy Act; no spousal or paternal consent law remains.
| Actor | Offense | Penalty |
|---|---|---|
| Physician | Post-viability termination without life-or-health necessity; failure to obtain informed consent | Unprofessional conduct — license denial, revocation, or discipline by Board of Medical Licensure and Discipline; civil liability for failure to obtain informed consent (prima facie evidence). No criminal penalty. |
| Nurses and licensed medical personnel | Knowing and intentional failure to provide reasonable medical care to infant born alive during abortion | Felony — fine up to $5,000, imprisonment up to 5 years, or both. If death results: manslaughter. |
| Pregnant person | None | No criminal or civil penalty exists for obtaining, procuring, or self-managing an abortion. |
Interstate shield-law challenges (Louisiana and Texas cases against New York physician)
Litigation · Pending in federal courts; Rhode Island not a party but its shield law could be affected by the legal principles established.
If federal courts hold that shield-law protections are unconstitutional or preempted, Rhode Island's Healthcare Provider Shield Act could be challenged or limited in effect.
2025 Anti-abortion bills (H5295, H5296, H5661)
Legislation · All three bills failed to pass during the 2025 legislative session.
If reintroduced and passed in a future session, H5296 would have expanded born-alive protections with felony penalties; H5661 would have expanded wrongful-death actions for fetal death; H5295 would have imposed additional abortion restrictions.
The cornerstone of Rhode Island abortion law, codifying a statutory right to abortion up to viability and post-viability for life or health.
Establishes written informed-consent requirements, parental consent for minors, and physician liability for violations.
Comprehensive shield law protecting providers and patients from out-of-state investigations and creating a cause of action against hostile litigation.
Expanded abortion coverage to Medicaid and state-employee plans, removing decades-old restrictions on public funding of abortion.
Imposes a felony duty of care on medical personnel for infants born alive during attempted abortion; expressly preserved by the RPA.
Generated from the structured legal focused deep-research record for RI (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Rhode Island survey. This document has not been reviewed by a lawyer and should not be used as legal advice.