Abhortion · State legal snapshot
Legal to ~22 weeks LMP. Abortion is legal in Wisconsin up to 20 weeks postfertilization (approximately 22 weeks LMP), governed by a web of regulatory statutes rather than a…
§ I · Gestational limit
│ Legal to 20 weeks postfertilization · measured from fertilization · Wis. Stat. § 253.107(3)(a)
§ II · Restriction inventory — 15 checked, 11 in force
◐20-week ban · fertilizationIn force
◐2 in-person visitsIn force
◐Method ban · D&XIn force
◐Physician-only lawIn force
◐One-parent consentIn force
✓Telehealth prescribing banIn force
◐24-hour waiting periodIn force
●Spousal consent or noticeNone
●Abortion trafficking lawNone
◐Scripted counselingIn force
●Civil bounty (SB8-style)None
✓Private insurance restrictionIn force
◐Mandatory ultrasoundDisplay
✓Pill-mailing banIn force
●Self-managed abortion crimeNone
§ III · Access
Criminal exposure
Procedure
Coverage & interstate
Available now
Yes
Pregnant person
Expressly exempt
Waiting period
24 hours
Medicaid
Hyde only
Medication · telehealth
Regulated separately · telehealth barred
Self-managed
Not a crime
Compelled visits
2 in person
Private insurance
Restricted
Who may perform
Physicians only
Provider max penalty
Class I felony, up to 3.5 years…
Minors
One-parent consent
Shield state
No
Mailing pills
Banned
Fetal homicide law
Yes · abortion carved out
Judicial bypass
Available
Major pending change
None noted
✓ Abolition-aligned — forbids abortion or imposes liability◐ Partial — a hurdle, an enjoined law, or a carve-out● No restriction○ Unclear or not applicable
§ IV · Where the line is drawn — governing authorities
Kaul v. Urmanski, Kaul v. Urmanski, 2025 WI 32 — The controlling Wisconsin Supreme Court decision holding that the 1849 abortion ban (§…
■20-week postfertilization ban, Wis. Stat. § 253.107 — The primary operative gestational limit: prohibits abortion at 20 or more weeks…
■Viability ban, Wis. Stat. § 940.15 — Criminalizes post-viability abortion (Class I felony) with life-or-health exception;…
“We conclude that, under the unique circumstances presented here, the legislature impliedly repealed § 940.04(1) as to abortion by enacting comprehensive legislation about virtually every aspect of abortion including…”— Kaul v. Urmanski, 2025 WI 32
Fetal personhood — how the contradiction is walled off
✓ Wis. Stat. § 20.927(1g)
“'Unborn child' means a human being from the time of conception until it is born alive.”
Unborn child is 'human being'
→
● Exempt · pregnant woman
Expressly exempted, no exposure
● Carved out · abortion
Abortion is not chargeable under the homicide statutes.
✓ Reached · third parties
Fetal homicide from fertilization
Wisconsin's statutory scheme is internally contradictory on fetal personhood. Wrongful death: Unclear for unborn child.
§ V · Criminal exposure by actor
●
Pregnant woman
Expressly exempted, no exposure
✓
Physician
Class I felony; Class A for D&X
✓
Non-physician prescriber
Only physicians may prescribe
○
Helpers · funds
Unclear accomplice exposure
●
Travel helpers
No criminalization of travel help
●
Civil bounty
No civil bounty law
✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical
Penalties on the books — top 5
§ VI · How the law got here ● court ■ statute ◆ executive / agency
Several Wisconsin district attorneys (Dane County, Milwaukee County) issue statements that they will not prosecute…
28 Jun 2022◆Governor Tony Evers calls a special legislative session to repeal the 1849 abortion statute; the R…
5 Dec 2022●Dane County Circuit Court rules that § 940.04(1) does not ban abortion because the statute has been interpreted as…
22 Feb 2024●Planned Parenthood of Wisconsin files a petition for original action in the Wisconsin Supreme Court (2024AP330-OA),…
2 Jul 2024●Wisconsin Supreme Court grants Planned Parenthood's petition for leave to commence an original action and also…
2 Jul 2025●Wisconsin Supreme Court decides Kaul v.
19 Nov 2025■Wisconsin Senate passes SB 553 along party lines, which would exclude certain life-saving medical procedures (ectopic…
23 Mar 2026■Assembly Bill 355 (Right to Bodily Autonomy Act), which would have established a statutory right to abortion and…
§ VII · Exceptions matrix
Named in law: ◐ the exception is written into the ban · ✓ no such exception · ● no ban for an exception to operate against. Verified (neutral): ✓ quoted text confirmed at source · ◐ semi-verified · ○ verify before publication · — not applicable.
§ VIII · Interstate & helpers
✓ No shield law
No shield law; no hostile law
● Travel unrestricted
Travel out of state is lawful
✓ Telehealth prescribing barred
Telehealth for abortion banned
✓ Pill mailing banned
Banned for in-state providers
○ Funding help unclear
No direct funding ban
○ Providing information
No information liability
Interstate postureWisconsin has neither a shield law protecting abortion providers from other states' investigations nor a law targeting cross-border abortion activity.
§ IX · Who pays
Hyde Amendment only
Life
Hyde · federal
Rape
Hyde · federal
Incest
Hyde · federal
Beyond Hyde
Not covered
Restricted; riders may be needed
ACA exchange plans restricted
✓State defunds providers
§ X · Pending changes status and effect as recorded — no forecast
No active major litigationThe two major post-Dobbs cases (Kaul v. Urmanski and Planned Parenthood v. Urmanski) are resolved. No current…
None identified. The Wisconsin Supreme Court's Kaul decision resolved the central post-Dobbs question. Future litigation seeking a state constitutional right to abortion…
LegislationSB 553 (definition of abortion)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…
Ballot measureNo active ballot measureWisconsin does not have a citizen-initiated ballot measure process. Constitutional amendments must originate…
None in the immediate term. A constitutional amendment would require legislative referral, which is unlikely under divided government.
§ XI · Key authorities ● case ■ statute ◆ agency
●Kaul v. Urmanski Kaul v. Urmanski, 2025 WI 32
■20-week postfertilization ban Wis. Stat. § 253.107
■Viability ban Wis. Stat. § 940.15
■Mother exemption Wis. Stat. § 940.13
■Informed consent and waiting period Wis. Stat. § 253.10
■Medication abortion restrictions Wis. Stat. § 253.105
■Parental consent Wis. Stat. § 48.375
■Public funding prohibition Wis. Stat. § 20.927
■Fetal homicide Wis. Stat. § 939.75
●Admitting privileges injunction Planned Parenthood of Wisconsin, Inc. v. Van Hollen, 94…
■Partial-birth abortion ban Wis. Stat. § 940.16
●Planned Parenthood v. Urmanski (dismissed) Planned Parenthood of Wisconsin v. Urmanski, 2025 WI 33…