Are abortions legal in Arizona right now? Here's what you need to know (2024)

Arizona abortion providers say they routinely get questions from patients about what's legal in the state, given more than two years of debate, legal flip-flopping and politicization of abortion care not only in Arizona but across the country.

The U.S. Supreme Court's June 24, 2022, ruling overturned the landmark 1973 Roe vs. Wade decision, which had guaranteed a constitutional right to an abortion. The justices ruled that, for the first time in nearly 50 years, states could set their own abortion laws without any federal standard protecting abortion access.

In Arizona, the Dobbs decision ignitedconfusion, a court battle and intermittent stops in abortion care. In April, the Arizona Supreme Court ruled that a near-total abortion ban dating back to 1864 was enforceable and the ruling made national headlines. Arizona Gov. Katie Hobbs subsequently signed a law repealing the ban.

Election season has only added to confusion around the status of abortion in Arizona, said Dr. DeShawn Taylor, an obstetrician/gynecologist who is the CEO and founder of the Desert Star Institute for Family Planning in Phoenix, which is an abortion provider.

Taylor sees firsthand the impact messaging that she says is at times sensational, fear-based and deceptive. Her patients sometimes, "don't know what's real," she said. What she wishes more of her Arizonans knew is that abortion is legal in the state right now, and it's available, too.

Here are some common questions and answers about where the Arizona law stands now:

How late can I get an abortion in Arizona right now?

Abortions are legal up to 15 weeks' gestation, according to an Arizona law that first took effect on Oct. 7, 2022, after an appeals court temporarily blocked an 1864 total abortion ban in Arizona that had previously been put into effect on Sept. 23, days before the 15-week ban was expected to go into effect.

Whether or not 15 weeks means 14 weeks and six days, 15 weeks exactly or 15 weeks and six days is up to providers. Prior to the 15-week ban, abortions in Arizona were legal up until viability.

How many appointments will I need to get an abortion in Arizona?

At least two. Arizona has a mandatory 24-hour waiting period to get an abortion, so patients must attend an initial counseling appointment followed by an appointment at least 24 hours later to either get a surgical abortion or to obtain abortion pills.

Will Medicaid pay for my abortion?

The short answer is no. Medicaid and most private health insurance plans generally do not cover abortions in Arizona. Medicaid in Arizona provided state money to cover just one abortion in 2022, which is the most recently available data.

Arizona Medicaid:What is Arizona's Medicaid program and who does it cover?

What if I want an abortion but can't afford it?

Financial aid is sometimes available through nonprofit groups, including the Abortion Fund of Arizona.

Are abortion pills legal in Arizona?

Yes, but patients have to get them in person, from a clinic, according to state law. Medication abortions, sometimes referred to as abortion pills, are a two-drug combination recommended for use up to 10 weeks of pregnancy, though some clinics provide them to patients up to 11 weeks of pregnancy.

What if I have been raped or am a victim of incest or domestic violence?

After the 15-week cutoff, under Arizona law, there are no exceptions for rape, incest or domestic violence, which some providers say is difficult to explain to patients who are in dangerous situations.

Do I have to be close to death to get an abortion after 15 weeks?

The Arizona law makes an exception to the 15-week limit for medical emergencies. It defines a medical emergency as a condition that, according to a physician's "good faith clinical judgment," complicates a woman's health making the abortion necessary to "avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function."

Arizona Attorney General Kris Mayes issued an opinion in June that says Arizona doctors who provide abortions in cases of medical emergency are immune from prosecution if they act based on their clinical judgment and in good faith.

What if I go into premature labor and my baby is not expected to survive?

It's unclear. If you are in medical distress, it's likely you will be able to get an abortion at a hospital, even if the fetus still has a heartbeat.

The Arizona Republic reached out to six major hospital systems in the state and asked them five questions about abortion care, including whether they would induce labor if a pregnant person's water broke at 17 weeks, the fetus still had a heartbeat yet was not expected to survive, and there were no signs of infection in the pregnant person. None of the hospital systems queried directly answered the questions.

Opinion:I lost my pregnancy at 20 weeks. Arizona's draconian abortion law made it worse.

What if I have an ectopic pregnancy?

Arizona's statute excludes terminating an ectopic pregnancy from the definition of abortion, which suggests providers in Arizona should be able to help terminate at any stage of an ectopic pregnancy. However, the major Arizona hospital systems queried, when asked, declined to provide that information to The Republic.

Will Arizona hospitals help me if I am having a miscarriage?

The definition of abortion excludes removing a dead fetus, so if the fetus is no longer living when a miscarriage is happening, then according to the law, it is not an abortion.

But, patients in other states with restrictive abortion laws have reported problems with miscarriage care, and a lack of response from hospitals in Arizona suggests the answer may not be straightforward. Hospital systems that The Republic queried did not provide an answer to the question: "Can patients count on receiving care for a miscarriage at any stage of pregnancy?"

Are there any restrictions on Plan B?

Plan B is emergency contraceptionthat is intendedto prevent pregnancy within 72 hours after a contraceptive accident or unprotected intercourse and is technically available over-the-counter to anyone regardless of age, and without a prescription, though under Arizona law, a pharmacist may refuse to provide it on "religious or moral grounds."

It's not a medical emergency but I still want an abortion after 15 weeks. What are my options?

You may choose to obtain an abortion in a state with less restrictive abortion laws than Arizona such as New Mexico, Nevada or California, which all allow abortions after 15 weeks.

How would Proposition 139 change the Arizona law?

Proposition 139, if passed, prohibits restrictions on abortion until fetal viability: around 23 weeks or 24 weeks of pregnancy and when a treating health care provider determines there is a significant likelihood a fetus would survive outside the womb. After viability, the government could not restrict abortions that are necessary to protect the life or physical or mental health of the mother.

What are the arguments against Proposition 139?

Opponents of Proposition 139 say a constitutional amendment would pose a safety risk to women and girls who seek abortions. They also say the current 15-week law is not a ban, and is sufficient because it means abortion is legal.

Arizona ballot measures 2024:Voters to weigh in on abortion, immigration, minimum wage

How does Arizona's abortion law compare with laws in other states?

Thirteen states, most of them in the South, ban abortions at all stages of pregnancy, according to The Guttmacher Institute, a nonprofit public policy research organization that aims to expand reproductive rights worldwide.

Arizona is one of seven states that ban abortions at or before 18 weeks gestation. The other six are Florida (six weeks), Iowa (six weeks), Nebraska (12 weeks), North Carolina (12 weeks), South Carolina (six weeks) and Utah (18 weeks), The Guttmacher Institute research says, as of Oct. 1.

A Superior Court judge in Georgia recently rolled back a six-week abortion ban in the state to a prior law that allowed abortions until viability, roughly 22 to 24 weeks into a pregnancy, the Associated Press reported Oct. 2.

Reach health care reporter Stephanie Innes atStephanie.Innes@gannett.comor follow her on X, formerlyTwitter:@stephanieinnes.

Are abortions legal in Arizona right now? Here's what you need to know (2024)
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