{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-wi","type":"legislation","level":"state","jurisdiction":"Wisconsin","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Legal to ~22 weeks LMP","summary":"Abortion is legal in Wisconsin up to 20 weeks postfertilization (approximately 22 weeks LMP), governed by a web of regulatory statutes rather than a total ban.","machine_readable_summary":{"legal_classification":"gestational_limit","gestational_limit_weeks":20,"limit_measured_from":"fertilization","abortion_currently_available":"yes","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":"unclear","personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":true,"mailing_pills_banned":true,"method_bans":["d_and_x"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Class I felony, up to 3.5 years imprisonment and $10,000 fine","helpers_criminally_exposed":"unclear","travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":24,"state_scripted_counseling":true,"ultrasound_required":"mandatory_display","in_person_visits_required":2,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_providers","rape_incest_exception":true,"exceptions_present":["life","physical_health","rape","incest","ectopic_miscarriage_carveout"],"major_pending_change":false},"links":{"html":"https://www.abhortion.org/legislation/wi.html","markdown":"https://www.abhortion.org/legislation/wi.md","summary_json":"https://www.abhortion.org/legislation/wi.json","full_json":"https://www.abhortion.org/legislation/wi-full.json","verbose_json":"https://www.abhortion.org/legislation/wi-verbose.json"},"overview":{"title":"Legal to ~22 weeks LMP","summary":"Abortion is legal in Wisconsin up to 20 weeks postfertilization (approximately 22 weeks LMP), governed by a web of regulatory statutes rather than a total ban.","description":"Abortion is legal in Wisconsin. The Wisconsin Supreme Court ruled in July 2025 that the state's 1849 near-total abortion ban had been impliedly repealed by decades of subsequent abortion-regulating legislation and does not prohibit abortion. Today, the key limit is a ban on abortion at 20 weeks postfertilization (about 22 weeks from the last menstrual period), with a medical emergency exception. However, many restrictive regulations remain in force: a 24-hour waiting period, state-scripted counseling, mandatory ultrasound display, physician-only provision, a ban on telehealth for medication abortion, and parental consent for minors. Abortion providers operate in Wisconsin subject to these constraints.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Supreme Court","href":"https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=979066"}]},"sections":{"definitions":{"title":"'Abortion' defined in § 253.10","summary":"Wisconsin defines 'abortion' as use of an instrument, medicine, drug, or device with intent to terminate a pregnancy, with intent other than to increase probability of live birth, preserve infant life/health after live birth, or remove a dead fetus.","description":"Wisconsin law defines 'abortion' as using any instrument, medicine, drug, or other substance or device with the intent to end a known or reasonably suspected pregnancy, for a purpose other than to increase the chance of a live birth, to preserve the life or health of an infant after live birth, or to remove a dead fetus. This definition applies across the informed consent, medication abortion, and 20-week ban statutes. A separate definition in the parental-consent statute (Wis. Stat. § 48.375(2)(a)) also covers minors and adds the language 'after implantation of a fertilized human ovum,' which could exclude pre-implantation interventions. The definition in the abortion-subsidy prohibition (Wis. Stat. § 20.927) defines abortion as 'the intentional destruction of the life of an unborn child' where 'unborn child' means 'a human being from the time of conception until it is born alive.' These differing definitions create potential interpretive tensions across the statutory scheme.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/253.10"},{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/48.375"},{"name":"Justia","href":"https://law.justia.com/codes/wisconsin/chapter-20/section-20-927"}]},"current_status":{"title":"Legal to 20 weeks postfertilization","summary":"Abortion is legal in Wisconsin up to 20 weeks postfertilization (approximately 22 weeks LMP); the 1849 near-total ban was ruled impliedly repealed by the Wisconsin Supreme Court on July 2, 2025.","description":"Abortion is legal in Wisconsin. On July 2, 2025, the Wisconsin Supreme Court resolved years of legal uncertainty by ruling that the state's 1849 law — which appeared to ban nearly all abortions — had been effectively repealed by the Legislature when it passed dozens of laws regulating the details of abortion over the following decades. The key limit today is that abortion is prohibited once the pregnancy reaches 20 weeks postfertilization (about 22 weeks measured from the last menstrual period), unless a medical emergency exists. Abortion after viability is also separately criminalized with a life-or-health exception. Providers in Wisconsin currently offer abortion services subject to these gestational limits and the state's numerous regulatory requirements.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/statutes/statutes/253/107?view=section"},{"name":"Wisconsin Supreme Court","href":"https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=979066"}]},"enforcement_status":{"title":"1849 ban repealed; regulations enforced","summary":"The 1849 near-total ban (§ 940.04) is dead as to abortion per the Wisconsin Supreme Court; all other abortion restrictions are fully enforceable except the permanent injunction against the admitting-privileges requirement.","description":"The Wisconsin Supreme Court's July 2025 ruling in Kaul v. Urmanski resolved that the 1849 law does not ban abortion. All other abortion-restrictive statutes — the 20-week ban, the 24-hour waiting period, the informed consent and ultrasound requirements, the medication-abortion in-person requirements, the physician-only rule, the parental consent law, and the public funding ban — remain in active force. The only provision currently blocked by court order is the requirement that abortion providers hold admitting privileges at a hospital within 30 miles (Wis. Stat. § 253.095), which was permanently enjoined by a federal district court in 2015 and affirmed by the Seventh Circuit. A separate original action seeking a state constitutional right to abortion (Planned Parenthood v. Urmanski, 2024AP330-OA) was dismissed as moot on the same day Kaul was decided.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Supreme Court","href":"https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=979066"},{"name":"Justia","href":"https://law.justia.com/cases/wisconsin/supreme-court/2025/2024ap000330-oa.html"},{"name":"Wisconsin Legislature / annotator note","href":"https://docs.legis.wisconsin.gov/document/statutes/253.095"}]},"exceptions":{"life":{"title":"Life exception in both limits","type":"life","summary":"The 20-week ban has a 'medical emergency' exception; the viability ban has a life-or-health exception.","description":"The 20-week postfertilization ban does not apply if the pregnant woman is experiencing a 'medical emergency.' The separate viability ban permits abortion to preserve the woman's life or health. The physician must use the method most likely to preserve the life and health of the fetus unless doing so would increase risk to the woman.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.15"},{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/statutes/statutes/253/107?view=section"}]},"physical_health":{"title":"Health exception at viability","type":"physical_health","summary":"Abortion after viability is permitted when necessary to preserve the woman's 'life or health,' but the 20-week ban uses the narrower 'medical emergency' standard.","description":"For abortions after viability (when the fetus could survive outside the womb with or without medical support), there is an exception when the abortion is needed to preserve the pregnant woman's life or health, as determined by her doctor's reasonable medical judgment. The 20-week ban has a narrower exception for 'medical emergency' — meaning a condition that requires an immediate abortion to prevent death or serious risk of substantial and irreversible impairment of a major bodily function.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/253.10"},{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.15"}]},"mental_health":{"title":"No explicit mental health exception","type":"mental_health","summary":"Neither the 20-week ban nor the viability ban contains an explicit mental health exception, though the viability statute's broad 'health' language could arguably encompass mental health.","description":"Wisconsin law does not contain an explicit exception for mental health in its abortion restrictions. The 20-week postfertilization ban only has a 'medical emergency' exception, which is limited to conditions threatening death or serious physical impairment. The viability ban has a 'life or health' exception, but it is undefined and has not been judicially construed to expressly include or exclude mental health conditions.","verification":"not_applicable","confidence":"medium"},"rape":{"title":"Rape exception only for funding","type":"rape","summary":"The 20-week and viability bans contain no rape or incest exceptions for the abortion itself; rape and incest exceptions exist only for public funding.","description":"Neither the 20-week postfertilization ban nor the viability ban contains an exception for rape or incest. This means that even a pregnancy resulting from rape or sexual assault is subject to the same gestational limits as any other pregnancy. Rape and incest matter only for public funding: state Medicaid funds can cover an abortion in cases of rape or incest, but only if the crime has been reported to law enforcement and a physician certifies the circumstances.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/wisconsin/chapter-20/section-20-927"}]},"incest":{"title":"Incest exception only for funding","type":"incest","summary":"Same as rape: incest is an exception only for the public-funding prohibition and requires a police report and physician certification.","description":"As with rape, incest is an exception only for public funding — not for the abortion restrictions themselves. For state Medicaid to cover an abortion in a case of incest, the crime must have been reported to law enforcement and a physician must certify its occurrence.","verification":"not_applicable","confidence":"high"},"fatal_fetal_anomaly":{"title":"No fetal anomaly exception","type":"fatal_fetal_anomaly","summary":"Wisconsin has no exception for fatal fetal anomalies in any of its abortion restrictions.","description":"Wisconsin law does not contain any exception that permits abortion beyond the standard gestational limits because of a diagnosis of a fatal fetal anomaly. A pregnancy involving a condition incompatible with life after birth is subject to the same 20-week postfertilization limit as any other pregnancy, unless a medical emergency exists.","verification":"not_applicable","confidence":"high"},"ectopic_miscarriage_carveout":{"title":"Miscarriage removal carved out","type":"ectopic_miscarriage_carveout","summary":"The statutory definition of 'abortion' excludes removal of a dead fetus, so miscarriage management is not legally treated as abortion.","description":"Wisconsin's definition of 'abortion' specifically excludes procedures done with the intent to remove a dead fetus. This means that managing a miscarriage — including removing fetal tissue after a pregnancy loss — is not legally considered an abortion and is not subject to abortion restrictions. Ectopic pregnancy treatment is not separately addressed in the same definitions, but a pending bill (SB 553) would explicitly exclude it.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/253.10"}]}},"methods":{"procedural_surgical":{"title":"Legal under limits; D&E not banned","summary":"Procedural abortion is legal up to 20 weeks postfertilization; there is no standalone D&E ban, but a partial-birth abortion ban (Class A felony) exists on the books with uncertain post-Dobbs enforcement status.","description":"Surgical (procedural) abortion is legal in Wisconsin through 20 weeks postfertilization. The state does not have a separate 'dismemberment' or D&E ban beyond the gestational limit. A partial-birth abortion (D&X) ban exists, making it a Class A felony — the most serious category — with a life-of-the-mother exception only. However, this law was blocked by a federal injunction before Dobbs, and whether it would be enforced today is uncertain.","verification":"verified","confidence":"medium","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.16"},{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/statutes/statutes/253/107?view=section"}]},"medication":{"title":"Legal but heavily restricted","summary":"Medication abortion is legal within the gestational limit but subject to unique restrictions: the prescribing physician must perform a physical exam and be physically present in the room when the drug is given, effectively banning telehealth and mail-based medication abortion under Wisconsin law.","description":"Medication abortion — using mifepristone and misoprostol — is legal in Wisconsin up to 20 weeks postfertilization, but it is subject to strict rules. The physician who prescribes the medication must personally perform a physical exam before the informed-consent process and must be physically present in the same room when the medication is taken. This effectively means a person cannot get abortion pills through telehealth or by mail from a Wisconsin-licensed provider. However, some Wisconsin residents access medication abortion by mail through shield-law providers in other states, who mail pills into Wisconsin under the protection of their own state's laws.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/253.105?view=section"}]},"self_managed":{"title":"Mother exempt; no criminal exposure","summary":"The pregnant woman who self-manages an abortion is expressly shielded from all criminal and civil penalty under multiple Wisconsin statutes.","description":"A person who self-manages an abortion in Wisconsin — for example, by obtaining abortion pills and taking them without a doctor's involvement — faces no criminal penalty under Wisconsin law. Multiple statutes, including the general abortion-exception provision (Wis. Stat. § 940.13) and the specific penalty provisions of the 20-week ban, the medication-abortion law, and the viability ban, all explicitly state that the pregnant woman cannot be fined, imprisoned, or prosecuted. This is one of the strongest mother-exemption schemes in the country. A person who self-manages an abortion past 20 weeks still cannot be prosecuted, though the provider (if any) could be.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.13"},{"name":"Justia","href":"https://law.justia.com/codes/wisconsin/chapter-939/section-939-75"}]}},"actors":{"who_may_perform":{"title":"Physicians only","summary":"Only licensed physicians may perform or induce an abortion in Wisconsin; advanced practice clinicians are excluded by statute.","description":"Wisconsin law requires that only a licensed physician (a medical doctor or doctor of osteopathy) may perform or induce an abortion. This restriction applies to both procedural and medication abortion. Nurse practitioners, physician assistants, and certified nurse midwives cannot provide abortion care, even though they can manage miscarriage and provide many other reproductive health services. The physician-only requirement is embedded in multiple statutes: the viability ban, the medication-abortion law, the informed-consent law, and the parental-consent law.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.15"},{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/253.105?view=section"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempted, no exposure","summary":"The pregnant woman is expressly and comprehensively shielded from all criminal and civil penalty for any abortion-related conduct under Wis. Stat. § 940.13.","description":"A pregnant woman cannot be prosecuted, fined, or imprisoned for obtaining an abortion or for violating any abortion statute in Wisconsin. The law (Wis. Stat. § 940.13) says this in the broadest possible terms — covering every abortion statute — and specifically says she cannot be charged as an accomplice or co-conspirator either. This protection is repeated in the specific penalty sections of the 20-week ban, the medication-abortion statute, the viability ban, and the admitting-privileges statute. The fetal-homicide statute also exempts a pregnant woman whose own acts cause the death of or harm to her unborn child.","verification":"semi_verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.13"}]},"physician":{"title":"Class I felony; Class A for D&X","summary":"Physicians who violate abortion restrictions face Class I felonies (up to 3.5 years, $10,000 fine) for violating the 20-week or viability bans, or medication-abortion rules; a Class A felony (up to life) for partial-birth abortion.","description":"A physician who performs an abortion in violation of Wisconsin's restrictions faces criminal penalties. For violating the 20-week ban, the viability ban, or the medication-abortion rules, the penalty is a Class I felony — punishable by up to 3.5 years in prison and a fine of up to $10,000. A physician who is not licensed could face a separate Class I felony. For a partial-birth abortion, the penalty is a Class A felony, the most serious category, carrying up to life in prison (though its present enforceability is uncertain). Physicians also face civil liability: the woman, the father (unless the pregnancy resulted from his sexual assault), and in some cases grandparents may sue for damages, including emotional distress.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/statutes/statutes/253/107?view=section"},{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/statutes/statutes/939/50"}]},"prescriber_pharmacist":{"title":"Only physicians may prescribe","summary":"Only physicians may prescribe abortion-inducing drugs; pharmacists filling out-of-state prescriptions for pills dispensed in Wisconsin face uncertain exposure.","description":"Wisconsin law limits the prescribing of abortion-inducing drugs to licensed physicians. Pharmacists are not directly regulated by the abortion-specific statutes, but a pharmacist who dispenses mifepristone or misoprostol from an out-of-state prescription could face scrutiny under general pharmacy law. Because the statute requires the prescribing physician to be physically present in the room when the drug is given, a pharmacy-based dispensing model is effectively foreclosed for in-state prescriptions. Non-physician prescribers (nurse practitioners, physician assistants) are categorically excluded from prescribing abortion medication.","verification":"not_applicable","confidence":"medium"},"nurses_and_staff":{"title":"Potential accomplice exposure","summary":"Nurses and clinic staff who assist in an abortion could theoretically face accomplice liability, though the mother-exemption does not extend to them and no known prosecutions exist.","description":"Nurses and clinic staff who assist in providing abortion care could theoretically face criminal liability as accomplices to the physician's violation of a restriction. The broad mother-exemption that protects the pregnant woman from prosecution does not apply to nurses, medical assistants, counselors, or administrative staff. However, no Wisconsin prosecutor has charged clinic staff for assisting in abortion care in the modern era.","verification":"not_applicable","confidence":"low"},"other_helpers":{"title":"Unclear accomplice exposure","summary":"A friend who drives, a parent who pays, or an employer who reimburses travel could theoretically face accomplice liability, but no such prosecutions have occurred and the mother-exemption does not shield them.","description":"Wisconsin law does not specifically criminalize helping someone obtain an abortion — there is no 'aiding and abetting an abortion' statute. However, general accomplice liability law could theoretically reach someone who intentionally assists in an illegal abortion. The mother-exemption statutes explicitly say that the pregnant woman cannot be charged as an accomplice, but that protection does not extend to her friends, family, or employer. In practice, no person has been prosecuted in Wisconsin for helping someone obtain an abortion by, for example, providing transportation or money.","verification":"not_applicable","confidence":"low"}}},"aiding_and_assisting":{"travel_assistance":{"title":"No criminalization of travel help","summary":"Wisconsin has no 'abortion trafficking' or travel-assistance ban; helping someone travel out of state for an abortion is not criminalized.","description":"Wisconsin law does not punish anyone for helping a person travel to another state to obtain an abortion. There is no statute that makes it a crime to assist with or fund travel for an abortion, whether in-state or out-of-state. Wisconsin residents may lawfully travel to neighboring states like Illinois or Minnesota for abortion care, and anyone who helps them — by driving, buying a bus ticket, or providing money — does not face criminal exposure under Wisconsin law.","verification":"not_applicable","confidence":"high"},"funding":{"title":"No direct funding ban","summary":"No Wisconsin statute penalizes private funding of abortion or abortion travel; the funding prohibition targets only the use of public (state and local) funds.","description":"Private individuals and organizations may lawfully pay for another person's abortion or abortion-related travel. The Wisconsin funding prohibition (Wis. Stat. § 20.927) restricts only the use of state, county, city, or other public funds — not private money. Abortion funds, private charities, employers, and individuals may financially support abortion access without violating Wisconsin law.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/wisconsin/chapter-20/section-20-927"}]},"mailing_pills":{"title":"Banned for in-state providers","summary":"Wisconsin law effectively prohibits in-state physicians from mailing abortion medication, but out-of-state shield-law providers mail pills into Wisconsin under their own states' legal protections.","description":"Wisconsin law requires the prescribing physician to be physically present in the room when abortion medication is taken. This means a Wisconsin physician cannot lawfully mail abortion pills to a patient or prescribe them via telehealth. However, providers in states with 'shield laws' (such as Massachusetts, New York, and California) mail abortion medication to Wisconsin residents under the protection of their own states' laws, and neither Wisconsin nor those states have attempted to block this practice. Wisconsin does not have its own law prohibiting the receipt of abortion pills by mail — the prohibition targets the prescriber, not the recipient.","verification":"verified","confidence":"medium","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/253.105?view=section"}]},"providing_information":{"title":"No information liability","summary":"Wisconsin has no statute penalizing the provision of information about abortion; First Amendment protections apply.","description":"There is no Wisconsin law that makes it a crime to give someone information about abortion, refer them to an abortion provider, or share websites or resources about how to obtain an abortion. The First Amendment would likely protect most such speech from criminalization.","verification":"not_applicable","confidence":"high"},"civil_bounty":{"title":"No civil bounty law","summary":"Wisconsin has no SB8-style private civil enforcement mechanism; civil remedies are limited to the woman, father, and grandparents suing the provider.","description":"Wisconsin does not have a law like Texas's SB8 that allows private citizens to sue anyone who 'aids or abets' an abortion for a cash bounty. Wisconsin's civil liability provisions are narrower — only the woman herself, the father (unless the pregnancy is from his own sexual assault), and in some statutes grandparents may sue the person who performed the abortion. The mother cannot be sued under these provisions. There is no provision for strangers to bring suit.","verification":"not_applicable","confidence":"high"}},"procedural_requirements":{"waiting_period":{"title":"24-hour mandatory delay","summary":"Wisconsin law requires a 24-hour waiting period between the informed-consent counseling and the abortion procedure.","description":"A person seeking an abortion in Wisconsin must receive state-mandated counseling from a physician at least 24 hours before the abortion can be performed. This means at least two separate trips to the clinic are required — one for the counseling and one for the procedure — unless the counseling occurs early enough on the first visit that the 24-hour period can expire before the next day's appointment. A medical emergency exception allows bypassing the waiting period.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/253.10"}]},"mandatory_counseling":{"title":"State-scripted counseling required","summary":"Wisconsin mandates specific state-scripted counseling by a physician, including information about fetal development, abortion risks, alternatives, and the availability of ultrasound imaging.","description":"Before an abortion, a physician must provide the pregnant woman with specific state-mandated information, including: the probable gestational age of the fetus; the medical risks of abortion and of carrying the pregnancy to term; the availability of fetal ultrasound imaging and heartbeat auscultation; information about the father's financial responsibilities; public and private resources available to support the pregnancy; and that benefits may be available for prenatal care, childbirth, and neonatal care. The physician must also provide state-prepared printed materials.","verification":"semi_verified","confidence":"high"},"ultrasound_requirement":{"title":"Ultrasound display required","summary":"Wisconsin law requires that an ultrasound be performed before an abortion and that the physician display and describe the ultrasound image to the woman.","description":"Wisconsin has one of the strictest ultrasound laws in the country. Before an abortion, the physician must perform an ultrasound, display the image so the woman can see it, and describe what the image shows — including the presence of cardiac activity and the dimensions of the embryo or fetus. The woman may decline to view the images without penalty, but the physician must still perform and describe the ultrasound. The law also requires that the woman be offered the opportunity to hear the fetal heartbeat if it is audible.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/253.10"}]},"in_person_visits":{"title":"Two in-person visits","summary":"The combined requirements of physician-only counseling, mandatory ultrasound, and a 24-hour waiting period effectively compel at least two in-person visits to the clinic.","description":"Because the law requires that a physician personally perform the counseling, ultrasound, and physical exam — and then that at least 24 hours pass before the procedure — a person seeking an abortion typically must make at least two separate trips to the clinic: one for the counseling visit and one for the procedure. For medication abortion, the additional requirement that the physician be in the room when the pills are taken effectively necessitates a third interaction, though the second visit usually satisfies the dispensing requirement.","verification":"semi_verified","confidence":"high"}},"minors":{"parental_involvement":{"title":"Parental consent required","summary":"A minor (under 18, not emancipated) must obtain the consent of one parent, guardian, adult family member (25+), or foster parent, or obtain a judicial waiver, before an abortion can be performed.","description":"If a person seeking an abortion is under 18 and not emancipated (by marriage, prior childbirth, or court order), Wisconsin law requires that one parent, legal guardian, or certain adult family members — a grandparent, aunt, uncle, or sibling who is at least 25 years old — give written consent. If the minor has been placed in foster care and the parent has signed a waiver, a foster parent may consent. The minor may also seek a court order (judicial bypass) instead. Medical emergencies are exempt from the consent requirement.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/48.375"}]},"judicial_bypass":{"title":"Judicial bypass available","summary":"A minor may petition any Wisconsin circuit court for a waiver of parental consent; the court must grant the petition if the minor is mature enough to decide independently or if the abortion is in her best interests.","description":"A minor who does not want to or cannot involve a parent may ask a judge for permission instead. The judge must grant the petition if the minor proves she is mature enough to make the decision on her own, or if the abortion is in her best interests. The process is confidential, takes priority on the court's calendar, and includes the right to a free attorney. If the court denies the petition, the minor has the right to an expedited appeal.","verification":"semi_verified","confidence":"high"}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice law","summary":"Wisconsin has no statute requiring a husband's consent to or notice of his wife's abortion.","description":"Wisconsin law does not require a married person to get their spouse's permission or to tell their spouse before having an abortion. The father of the pregnancy has no statutory right to consent to or be notified of an abortion.","verification":"not_applicable","confidence":"high"},"enforceability":{"title":"Not applicable","summary":"No spousal-consent law exists to enforce or challenge; the Danforth/Casey analysis is moot for Wisconsin.","description":"Because Wisconsin has no spousal consent or notice law, the question of whether Dobbs reopens the door to such laws does not arise here.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"Father may sue provider civilly","summary":"The father of the unborn child may bring a civil damages action against a provider who violates abortion restrictions, unless the pregnancy resulted from his sexual assault.","description":"Wisconsin law gives the father of the unborn child the right to sue the abortion provider for damages — including emotional distress — if the provider violated the 20-week ban, the medication-abortion rules, or the admitting-privileges requirement. The father cannot sue if the pregnancy resulted from his own sexual assault. The father has no right to veto or block the abortion.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/statutes/statutes/253/107?view=section"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide from fertilization","summary":"Wisconsin treats the killing of an unborn child as homicide from fertilization, but expressly exempts the pregnant woman, lawful abortion, and medical treatment.","description":"Under Wisconsin law, if a third party causes the death of an unborn child at any stage from fertilization until birth, that person can be charged with homicide — including first-degree intentional homicide, which carries a life sentence. However, the law explicitly says this does not apply to a lawful abortion, to medical treatment provided by a physician, to a health care provider acting under a pregnant woman's health care power of attorney, to the pregnant woman herself, or to the use of birth control.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/wisconsin/chapter-939/section-939-75"}]},"wrongful_death":{"title":"Unclear for unborn child","summary":"Whether Wisconsin's general wrongful-death statute (Wis. Stat. § 895.04) extends to an unborn child is not definitively resolved by statute or controlling precedent.","description":"Wisconsin's wrongful-death law allows certain family members to sue when someone's negligence causes a death. Whether this law covers the death of an unborn child is not clearly settled. Wisconsin appellate courts have not ruled definitively on this question. The partial-birth abortion civil liability statute (Wis. Stat. § 895.038) allows the father and the minor's parents to sue for damages, but this is specific to that procedure. The widespread recognition of fetal wrongful death in other contexts (such as car accidents causing pregnancy loss) suggests Wisconsin courts could recognize such a claim, but no controlling precedent exists.","verification":"not_applicable","confidence":"low"},"personhood_definition":{"title":"Unborn child is 'human being'","summary":"Multiple Wisconsin statutes define 'unborn child' as a human being from fertilization/conception; these definitions coexist with permissive abortion statutes.","description":"Several Wisconsin statutes define 'unborn child' as a human being from the moment of fertilization or conception. The fetal-homicide law defines 'unborn child' as 'any individual of the human species from fertilization until birth.' The funding-prohibition law defines 'unborn child' as 'a human being from the time of conception until it is born alive.' The partial-birth abortion law defines 'child' as 'a human being from the time of fertilization until it is completely delivered from a pregnant woman.' These definitions exist alongside statutes that permit and regulate abortion, creating an internal tension in the Wisconsin code.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/wisconsin/chapter-20/section-20-927"},{"name":"Justia","href":"https://law.justia.com/codes/wisconsin/chapter-939/section-939-75"},{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.16"}]},"contradictions_analysis":"Wisconsin's statutory scheme is internally contradictory on fetal personhood. The same code that defines an 'unborn child' as 'a human being from the time of conception' (§ 20.927(1g)) and 'any individual of the human species from fertilization' (§ 939.75(1)) also permits and extensively regulates abortion — and expressly exempts the pregnant woman from all criminal and civil liability for any abortion-related conduct (§ 940.13). The fetal-homicide statute (§ 939.75) recognizes the unborn as a potential homicide victim from fertilization, yet simultaneously carves out all induced abortions, lawful medical treatment, birth control, and the pregnant woman's own acts from that framework. The partial-birth abortion ban (§ 940.16) defines 'child' as 'a human being from the time of fertilization,' creating a Class A felony for the procedure, yet the Wisconsin Supreme Court in Kaul v. Urmanski cited § 940.16 as one of the post-Roe statutes demonstrating that the Legislature has chosen to regulate — not totally prohibit — abortion. Meanwhile, § 940.15 permits abortion before viability and after viability when the woman's life or health is at risk, § 253.107 permits abortion before 20 weeks postfertilization, and all of the informed-consent requirements in § 253.10 presuppose lawful abortion. Wisconsin law thus simultaneously treats the unborn as a 'human being' and 'individual of the human species' for some purposes while authorizing its destruction for others. This tension is not merely theoretical: the personhood language in § 20.927(1g) (defining abortion as 'the intentional destruction of the life of an unborn child') applies to the very funding prohibition that permits state funding for abortion in cases of rape, incest, and life/health endangerment. The Wisconsin Supreme Court's Kaul decision did not resolve this contradiction; it held only that the 1849 ban was impliedly repealed, leaving the personhood definitions in other statutes intact."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth for abortion banned","summary":"Wisconsin law prohibits the use of telehealth to prescribe or provide medication abortion by requiring the physician to be physically present for the physical exam and when the drug is dispensed.","description":"Wisconsin does not allow telehealth for abortion. The law requires the prescribing physician to personally perform a physical exam and to be physically present in the same room when abortion medication is given. This means a person cannot get a prescription for abortion pills through a video call or phone appointment with a Wisconsin provider. However, providers in other states with shield laws regularly prescribe and mail abortion medication to Wisconsin residents without legal consequence.","verification":"verified","confidence":"high","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/253.105?view=section"}]},"out_of_state_travel":{"title":"Travel out of state is lawful","summary":"Wisconsin residents may lawfully travel to other states to obtain abortion care; no Wisconsin statute purports to restrict or penalize such travel.","description":"Wisconsin residents may freely travel to other states — such as Illinois, Minnesota, or Michigan — to obtain an abortion. Wisconsin law does not prohibit, regulate, or penalize out-of-state travel for abortion. There is no Wisconsin statute analogous to the 'abortion trafficking' laws in Idaho or Tennessee. The constitutional right to travel between states also protects this freedom.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"No shield law; no hostile law","summary":"Wisconsin has neither a shield law protecting abortion providers from other states' investigations nor a law targeting cross-border abortion activity.","description":"Wisconsin has not enacted a 'shield law' — unlike states such as Illinois, New York, and Massachusetts, Wisconsin does not have statutes protecting abortion providers or patients from out-of-state investigations, subpoenas, extradition requests, or license actions. Conversely, Wisconsin has not enacted any law that targets abortion-related conduct across state lines, such as 'abortion trafficking' bans. Wisconsin is thus a neutral jurisdiction in the interstate abortion-law conflict: it does not shield, but neither does it pursue.","verification":"not_applicable","confidence":"high"}},"funding_and_insurance":{"medicaid":{"title":"Hyde Amendment only","summary":"Wisconsin Medicaid covers abortion only in cases of life endangerment, rape, or incest (with police report), plus a state-funded exception for grave long-lasting physical health damage.","description":"Wisconsin's Medicaid program follows the federal Hyde Amendment, covering abortion only when the pregnancy endangers the woman's life or results from rape or incest. Wisconsin adds a state-funded exception when the abortion is medically necessary to prevent 'grave, long-lasting physical health damage.' For rape and incest cases, the crime must be reported to law enforcement and a physician must certify the circumstances. Abortions for other reasons are not covered.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/wisconsin/chapter-20/section-20-927"}]},"private_insurance":{"title":"Restricted; riders may be needed","summary":"Wisconsin restricts private insurance coverage of abortion, generally requiring a separate rider for elective abortion coverage, though the scope of the restriction depends on the type of plan.","description":"Wisconsin law restricts private health insurance plans from covering abortion. For certain plans, abortion coverage may only be available through a separate, additional insurance rider. State employee health plans are not subject to the public-funding ban (per an attorney general opinion) and some cover abortion. The degree of restriction varies by plan type and how the plan is funded.","verification":"verify_before_publication","confidence":"medium"},"exchange_plans":{"title":"ACA exchange plans restricted","summary":"ACA marketplace plans in Wisconsin are subject to state restrictions on abortion coverage, consistent with Wisconsin's Hyde-only funding policy.","description":"Health insurance plans sold on Wisconsin's ACA marketplace (Healthcare.gov) are subject to Wisconsin's restrictions on abortion coverage. As a practical matter, most or all exchange plans in Wisconsin do not cover elective abortion.","verification":"verify_before_publication","confidence":"medium"},"state_funding_of_providers":{"title":"State defunds providers","summary":"Wisconsin law prohibits the use of state and local public funds for abortion services and historically has targeted family-planning providers that offer abortion.","description":"Wisconsin law prohibits state and local government funds from being used for abortion services, except in the narrow Hyde categories. The state has also historically sought to defund family-planning providers that provide or refer for abortion, including through Title X fund distribution policies and state budget provisions.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/wisconsin/chapter-20/section-20-927"}]}}},"penalties":[{"actor":"Physician — 20-week ban violation","offense":"Performing or inducing abortion at 20+ weeks postfertilization without medical emergency","penalty":"Class I felony: up to 3 years 6 months imprisonment and/or fine up to $10,000; civil liability for damages including emotional distress and punitive damages","verification":"verified","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/statutes/statutes/253/107?view=section"}]},{"actor":"Physician — post-viability abortion","offense":"Intentionally performing abortion after viability without life/health necessity","penalty":"Class I felony: up to 3 years 6 months imprisonment and/or fine up to $10,000","verification":"verified","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.15"}]},{"actor":"Non-physician performing abortion","offense":"Performing an abortion while not licensed as a physician","penalty":"Class I felony: up to 3 years 6 months imprisonment and/or fine up to $10,000","verification":"verified","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.15"}]},{"actor":"Physician — medication abortion violation","offense":"Providing abortion-inducing drug without physical exam or in-person presence","penalty":"Class I felony: up to 3 years 6 months imprisonment and/or fine up to $10,000; civil liability","verification":"verified","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/253.105?view=section"}]},{"actor":"Physician — partial-birth abortion","offense":"Intentionally performing a partial-birth abortion","penalty":"Class A felony: imprisonment up to life; enforceability uncertain post-Dobbs","verification":"semi_verified","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.16"}]},{"actor":"Pregnant woman","offense":"None — expressly exempted from all criminal and civil penalty for any abortion-related conduct","penalty":"None","verification":"semi_verified","sources":[{"name":"Wisconsin Legislature","href":"https://docs.legis.wisconsin.gov/document/statutes/940.13"}]},{"actor":"Physician — admitting privileges violation","offense":"Performing abortion without admitting privileges within 30 miles","penalty":"Civil forfeiture: $1,000-$10,000; permanently enjoined","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/wisconsin/chapter-253/section-253-095"}]}],"recent_changes":[{"date":"2022-06-24","event":"U.S. Supreme Court decides Dobbs v. Jackson Women's Health Organization, overruling Roe v. Wade and Planned Parenthood v. Casey, returning abortion regulation to the states. Wisconsin's 1849 pre-Roe statute (§ 940.04) becomes the focus of legal uncertainty.","sources":[{"name":"U.S. Supreme Court","href":"https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf"}]},{"date":"2022-06-28","event":"Wisconsin Attorney General Josh Kaul files suit in Dane County Circuit Court seeking declaratory judgment that § 940.04 does not ban abortion, arguing it applies only to feticide or has been impliedly repealed.","sources":[{"name":"Wisconsin Attorney General","href":"https://www.axley.com/publication_article/abortion-ban-repealed"}]},{"date":"2022-06-28","event":"Several Wisconsin district attorneys (Dane County, Milwaukee County) issue statements that they will not prosecute abortion-related cases under § 940.04.","sources":[{"name":"Fair and Just Prosecution","href":"https://fairandjustprosecution.org/wp-content/uploads/2022/06/FJP-Post-Dobbs-Abortion-Joint-Statement.pdf"}]},{"date":"2022-06-28","event":"Governor Tony Evers calls a special legislative session to repeal the 1849 abortion statute; the Republican-controlled legislature gavels in and out without action."},{"date":"2022-12-05","event":"Dane County Circuit Court rules that § 940.04(1) does not ban abortion because the statute has been interpreted as applying only to feticide, not consensual abortions.","sources":[{"name":"CORE at UW-Madison","href":"https://core.wisc.edu/2023/12/07/dane-county-court-affirms-legal-right-to-abortion-in-wisconsin"}]},{"date":"2024-02-22","event":"Planned Parenthood of Wisconsin files a petition for original action in the Wisconsin Supreme Court (2024AP330-OA), arguing that § 940.04, if interpreted as an abortion ban, violates the Wisconsin Constitution (Article I, § 1: inherent rights to life and liberty).","sources":[{"name":"Planned Parenthood","href":"https://cdn.plannedparenthood.org/uploads/filer_public/a8/cd/a8cdfc06-6a50-4189-9dab-ee8fd3ddac92/39d3185-ppwi_v_urmanski_petition_for_original_action.pdf"}]},{"date":"2024-07-02","event":"Wisconsin Supreme Court grants Planned Parenthood's petition for leave to commence an original action and also accepts the appeal in Kaul v. Urmanski.","sources":[{"name":"Wisconsin Supreme Court","href":"https://www.wicourts.gov/news/view.jsp?id=1635"}]},{"date":"2025-07-02","event":"Wisconsin Supreme Court decides Kaul v. Urmanski, 2025 WI 32, holding 4-3 that § 940.04(1) was impliedly repealed as to abortion and does not prohibit abortion in Wisconsin. On the same day, the court dismisses Planned Parenthood v. Urmanski (2024AP330-OA) as moot.","sources":[{"name":"Wisconsin Supreme Court","href":"https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=979066"},{"name":"Justia","href":"https://law.justia.com/cases/wisconsin/supreme-court/2025/2024ap000330-oa.html"}]},{"date":"2025-11-19","event":"Wisconsin Senate passes SB 553 along party lines, which would exclude certain life-saving medical procedures (ectopic pregnancy treatment, removal of dead embryos) from the statutory definition of 'abortion.' The bill has not yet passed the Assembly.","sources":[{"name":"Wisconsin Examiner","href":"https://wisconsinexaminer.com/2025/11/19/senate-passes-bills-to-eliminate-400-year-veto-and-redefine-abortion"}]},{"date":"2026-03-23","event":"Assembly Bill 355 (Right to Bodily Autonomy Act), which would have established a statutory right to abortion and repealed numerous restrictions including the 24-hour waiting period, telehealth ban, physician-only requirement, and 20-week limit, fails to pass pursuant to Senate Joint Resolution 1.","sources":[{"name":"LegiScan","href":"https://legiscan.com/WI/bill/AB355/2025"}]}],"pending_changes":[{"name":"No active major litigation","type":"litigation","status":"The two major post-Dobbs cases (Kaul v. Urmanski and Planned Parenthood v. Urmanski) are resolved. No current litigation with a realistic prospect of materially changing the Wisconsin abortion regime is pending.","effect":"None identified. The Wisconsin Supreme Court's Kaul decision resolved the central post-Dobbs question. Future litigation seeking a state constitutional right to abortion could be filed but would require a new complaint."},{"name":"SB 553 (definition of abortion)","type":"legislation","status":"Passed Senate November 2025; pending in Assembly as of the 2025-2026 session.","effect":"If enacted, would exclude certain life-saving medical procedures (ectopic pregnancy treatment, removal of dead embryos/fetuses) from the statutory definition of 'abortion,' clarifying that they are not subject to abortion restrictions.","sources":[{"name":"Wisconsin Examiner","href":"https://wisconsinexaminer.com/2025/11/19/senate-passes-bills-to-eliminate-400-year-veto-and-redefine-abortion"}]},{"name":"No active ballot measure","type":"ballot_measure","status":"Wisconsin does not have a citizen-initiated ballot measure process. Constitutional amendments must originate in the legislature and pass two consecutive sessions before a public referendum. No abortion-related constitutional amendment has been referred to the ballot. Governor Evers has proposed creating a citizen-initiated ballot measure process, but that proposal has not advanced.","effect":"None in the immediate term. A constitutional amendment would require legislative referral, which is unlikely under divided government."}],"key_authorities":[{"name":"Kaul v. Urmanski","citation":"Kaul v. Urmanski, 2025 WI 32","type":"case","url":"https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=979066","why":"The controlling Wisconsin Supreme Court decision holding that the 1849 abortion ban (§ 940.04) was impliedly repealed by subsequent legislation and does not prohibit abortion in Wisconsin."},{"name":"20-week postfertilization ban","citation":"Wis. Stat. § 253.107","type":"statute","url":"https://docs.legis.wisconsin.gov/statutes/statutes/253/107?view=section","why":"The primary operative gestational limit: prohibits abortion at 20 or more weeks postfertilization, with a medical emergency exception."},{"name":"Viability ban","citation":"Wis. Stat. § 940.15","type":"statute","url":"https://docs.legis.wisconsin.gov/document/statutes/940.15","why":"Criminalizes post-viability abortion (Class I felony) with life-or-health exception; also establishes the physician-only requirement."},{"name":"Mother exemption","citation":"Wis. Stat. § 940.13","type":"statute","url":"https://docs.legis.wisconsin.gov/document/statutes/940.13","why":"The comprehensive statutory exemption shielding the pregnant woman from all criminal and civil liability for any abortion-related conduct."},{"name":"Informed consent and waiting period","citation":"Wis. Stat. § 253.10","type":"statute","url":"https://docs.legis.wisconsin.gov/document/statutes/253.10","why":"Imposes the 24-hour waiting period, state-scripted counseling, mandatory ultrasound display, and physician-only counseling."},{"name":"Medication abortion restrictions","citation":"Wis. Stat. § 253.105","type":"statute","url":"https://docs.legis.wisconsin.gov/document/statutes/253.105?view=section","why":"Requires physician physical exam and in-person presence for medication abortion; effectively bans telehealth and mailing by Wisconsin providers."},{"name":"Parental consent","citation":"Wis. Stat. § 48.375","type":"statute","url":"https://docs.legis.wisconsin.gov/document/statutes/48.375","why":"Requires parental consent or judicial bypass for abortions on unemancipated minors."},{"name":"Public funding prohibition","citation":"Wis. Stat. § 20.927","type":"statute","url":"https://law.justia.com/codes/wisconsin/chapter-20/section-20-927","why":"Bans state and local public funds for abortion with narrow Hyde-plus exceptions; defines unborn child as 'human being' from conception."},{"name":"Fetal homicide","citation":"Wis. Stat. § 939.75","type":"statute","url":"https://law.justia.com/codes/wisconsin/chapter-939/section-939-75","why":"Defines 'unborn child' as human from fertilization; establishes fetal-homicide crimes with abortion, medical, maternal, and birth-control carve-outs."},{"name":"Admitting privileges injunction","citation":"Planned Parenthood of Wisconsin, Inc. v. Van Hollen, 94 F. Supp. 3d 949 (W.D. Wis. 2015), aff'd, 806 F.3d 908 (7th Cir. 2015)","type":"case","url":"https://docs.legis.wisconsin.gov/document/statutes/253.095","why":"Permanently enjoins Wisconsin's admitting-privileges requirement for abortion providers; current post-Dobbs status unresolved."},{"name":"Partial-birth abortion ban","citation":"Wis. Stat. § 940.16","type":"statute","url":"https://docs.legis.wisconsin.gov/document/statutes/940.16","why":"Class A felony ban on partial-birth abortion; cited in Kaul as part of the post-Roe regulatory scheme; pre-Dobbs injunction status unresolved."},{"name":"Planned Parenthood v. Urmanski (dismissed)","citation":"Planned Parenthood of Wisconsin v. Urmanski, 2025 WI 33 (2024AP330-OA)","type":"case","url":"https://law.justia.com/cases/wisconsin/supreme-court/2025/2024ap000330-oa.html","why":"Dismissed original action seeking state constitutional right to abortion under Article I, § 1 of the Wisconsin Constitution; no ruling on the merits."},{"name":"Conscience / refusal clause","citation":"Wis. Stat. § 253.09","type":"statute","url":"https://docs.legis.wisconsin.gov/document/statutes/253.09","why":"Protects hospitals, physicians, and employees who refuse on moral or religious grounds to participate in abortion or sterilization; prohibits discrimination against those who refuse."}],"research_notes":{"overall_confidence":"high","editor_notes":"The 2025-2026 legislative session remains active through the end of 2026. SB 553 (definition of abortion) passed the Senate in November 2025 and awaits Assembly action; its status should be checked before publication. The 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 (published July 1, 2026) were the most current accessed. All statutes should be re-checked against the latest published edition. The admitting-privileges permanent injunction at § 253.095 remains officially annotated in the Wisconsin Statutes; however, no post-Dobbs motion to dissolve the injunction has been adjudicated, and its continuing force should not be assumed without current docket confirmation. The partial-birth abortion ban's enforceability post-Dobbs is the single biggest gray area in Wisconsin abortion law. Finally, several district attorneys' non-prosecution pledges from 2022 are political statements, not legal immunities, and could be reversed by successor prosecutors.","gaps":["The post-Dobbs enforceability of Wisconsin's partial-birth abortion ban (§ 940.16) is unresolved. The pre-Dobbs federal injunction (Hope Clinic v. Ryan, 249 F.3d 603 (7th Cir. 2001)) was based on the constitutional right to abortion. Whether the state can or will enforce § 940.16 today is an open question that no court has addressed.","Whether Wisconsin's general wrongful-death statute (§ 895.04) encompasses an unborn child is unresolved by Wisconsin appellate courts.","The precise scope of Wisconsin's private-insurance abortion-coverage restriction (§ 632.8985) and its interaction with ACA exchange plans merits re-verification against the current insurance code and administrative guidance.","The exact contours of accomplice liability for clinic staff, pharmacists, and helpers who assist in abortion that may violate a restriction are unadjudicated. Theoretical exposure exists under § 939.05, but no known prosecutions have been brought.","The OAG 1-95 opinion exempting the Public Employee Trust Fund from § 20.927's funding restrictions should be reviewed in full for precise reasoning and scope.","Current exchange-plan abortion coverage in Wisconsin should be verified with Healthcare.gov for the current plan year."]}}