State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
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.
Kaul v. Urmanski, 2025 WI 32
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).
Wis. Stat. § 939.75(1) · Wis. Stat. § 939.75(2)(b) · Wis. Stat. § 20.927(1g)
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.
Wisconsin has no statute requiring a husband's consent to or notice of his wife's abortion.
| Actor | Offense | Penalty |
|---|---|---|
| Physician — 20-week ban violation | Performing or inducing abortion at 20+ weeks postfertilization without medical emergency | 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 |
| Physician — post-viability abortion | Intentionally performing abortion after viability without life/health necessity | Class I felony: up to 3 years 6 months imprisonment and/or fine up to $10,000 |
| Non-physician performing abortion | Performing an abortion while not licensed as a physician | Class I felony: up to 3 years 6 months imprisonment and/or fine up to $10,000 |
| Physician — medication abortion violation | Providing abortion-inducing drug without physical exam or in-person presence | Class I felony: up to 3 years 6 months imprisonment and/or fine up to $10,000; civil liability |
| Physician — partial-birth abortion | Intentionally performing a partial-birth abortion | Class A felony: imprisonment up to life; enforceability uncertain post-Dobbs |
No active major litigation
Litigation · The two major post-Dobbs cases (Kaul v. Urmanski and Planned Parenthood v. Urmanski) are resolved.
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.
SB 553 (definition of abortion)
Legislation · Passed Senate November 2025; pending in Assembly as of the 2025-2026 session.
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.
No active ballot measure
Ballot measure · Wisconsin does not have a citizen-initiated ballot measure process.
None in the immediate term. A constitutional amendment would require legislative referral, which is unlikely under divided government.
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.
The primary operative gestational limit: prohibits abortion at 20 or more weeks postfertilization, with a medical emergency exception.
Criminalizes post-viability abortion (Class I felony) with life-or-health exception; also establishes the physician-only requirement.
The comprehensive statutory exemption shielding the pregnant woman from all criminal and civil liability for any abortion-related conduct.
Imposes the 24-hour waiting period, state-scripted counseling, mandatory ultrasound display, and physician-only counseling.
Generated from the structured legal focused deep-research record for WI (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 Wisconsin survey. This document has not been reviewed by a lawyer and should not be used as legal advice.