In Arizona
After Roe, abortion will likely never be legal except to save a mother’s life. Hear from Center for Arizona Policy about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about what abortion law would be in your state after Roe.
The Big Question
After Roe, will my state ban nearly all abortions or allow nearly all abortions?
Arizona will likely ban nearly all abortions. Arizona has a near-total abortion ban that has been ruled unconstitutional by courts, but it has not been repealed and would presumably take effect if Roe were overturned. Arizona will probably have to decide whether and how this law would take effect in a world without Roe. Ariz. Rev. Stat. Ann. § 13-3603. Additionally, Arizona passed a 15-week ban in 2022 that would immediately take effect when Roe is overturned. 2022 Ariz. ALS 105, 2022 Ariz. Sess. Laws 105, 2022 Ariz. Ch. 105, 2022 Ariz. SB 1164.
Abortion Limits, Exceptions and Enforcement
Limitations on Abortion
If my state won’t ban all abortions, what are the limits to abortion?
Because Arizona has a near-total abortion ban that would go into effect immediately after Roe, Arizona’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary.
Arizona has also passed a 15-week ban that would prohibit abortions after the 15th week of pregnancy if the near-total abortion ban does not go into effect. 2022 Ariz. ALS 105, 2022 Ariz. Sess. Laws 105, 2022 Ariz. Ch. 105, 2022 Ariz. SB 1164.
Exceptions to Limitations
Are there any exceptions to those limitations placed on abortion?
Both the near-total ban and the 15-week ban have an exception for when the abortion is necessary to save the mother’s life. Ariz. Rev. Stat. Ann. § 13-3603, 2022 Ariz. ALS 105, 2022 Ariz. Sess. Laws 105, 2022 Ariz. Ch. 105, 2022 Ariz. SB 1164.
Penalties for Performing an Illegal Abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
Violations of the abortion ban incur imprisonment for 2-5 years. Ariz. Rev. Stat. Ann. § 13-3603.
Violations of the 15-week ban are a class 6 felony and an act of unprofessional conduct for medical professionals, resulting in a suspension of their license. 2022 Ariz. ALS 105, 2022 Ariz. Sess. Laws 105, 2022 Ariz. Ch. 105, 2022 Ariz. SB 1164.
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The parents or maternal grandparents of the unborn child may file suit against violators of the born-alive law. Ariz. Rev. State. Ann. § 36-2302.
The Attorney General is empowered to enforce the 15-week ban. 2022 Ariz. ALS 105, 2022 Ariz. Sess. Laws 105, 2022 Ariz. Ch. 105, 2022 Ariz. SB 1164.
Special Standards of Care
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
Yes: notarized consent from one parent is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. This provision would most likely become unnecessary when the trigger law takes effect. Ariz. Rev. Stat. Ann. § 36-2152.
Medical Professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Hospitals, pharmacies, medical facilities, or health-care professionals, or employees of hospitals, pharmacies, medical facilities, or health-care professionals, who object in writing, may refuse to participate in or facilitate abortions. Hospitals may refuse to admit women for the purpose of an abortion. Ariz. Rev. State. Ann. § 36-2154.
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Yes: physicians are required to promote, preserve, and maintain the life of a baby born alive, among other requirements. Ariz. Rev. State. Ann. § 36-2302.
Safety & Health of Women
Physician-Only Requirement
Does an abortion have to be provided by a licensed physician in my state?
Yes: one must be a licensed physician to perform an abortion in Arizona. Non-doctors are expressly prohibited from performing abortions. Ariz. Rev. Stat. § 36-2153(E).
Informed Consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Yes, counseling is required; however, this provision would most likely become unnecessary when the trigger law takes effect. Ariz. Rev. Stat. § 36-2153.
Waiting Period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
Yes, a 24-hour waiting period is required after counseling; however, this provision would most likely become unnecessary when the trigger law takes effect. Ariz. Rev. Stat. § 36-2153.