State Abortion Laws in Wisconsin

1. How accessible is abortion in Wisconsin?


Access to abortion in Wisconsin is limited. Under the current state law, abortions are only legal if necessary to save the life of the mother or if the pregnancy posed a serious risk to her physical or mental health. Abortions are also legal if the pregnancy is a result of rape or incest. All abortions must be performed by a licensed physician, and the procedure must be done in a hospital or clinic licensed by the State of Wisconsin. In addition, women must receive state-directed counseling that includes information designed to discourage them from having an abortion and then wait 24 hours before the procedure is provided. Finally, Medicaid does not cover most abortions in Wisconsin unless the procedure is necessary to save the life of the mother or if the pregnancy posed a serious risk to her physical or mental health.

2. What is the legal gestational limit for abortion in Wisconsin?


In Wisconsin, the gestational limit for abortion is up to 20 weeks after the date of the woman’s last menstrual period. After 20 weeks, it is illegal to perform an abortion in Wisconsin except in rare cases where it is necessary to protect the life or health of the woman.

3. Does Wisconsin require parental involvement for minors seeking an abortion?


Yes, Wisconsin requires parental involvement for minors seeking an abortion. Minors are required to get written consent from a parent or guardian before they can get an abortion.

4. Does Wisconsin mandate waiting periods before an abortion?


Yes, Wisconsin mandates a 24-hour waiting period before an abortion.

5. Does Wisconsin require the disclosure of any information prior to an abortion?


Yes. Wisconsin requires that any woman seeking an abortion must receive counseling from either a doctor, nurse or other medical professional, and must be given information about the potential risks and complications associated with the procedure. The woman must also be told about the availability of ultrasound and other diagnostic tests, and the availability of other medical services related to the pregnancy. In addition, the woman must be provided with printed materials explaining the development of the fetus and fetal pain.

6. Does Wisconsin provide public funding for abortion services?


No, Wisconsin does not provide public funding for abortion services. The only exceptions are for cases involving medical necessity or in the cases of rape or incest.

7. Are there any exceptions to the gestational limit in Wisconsin?


Yes, there are exceptions to the gestational limit in Wisconsin. The state law allows for abortion after viability if the pregnant person’s life or health is at risk, or if the fetus has a lethal anomaly. Further, the Wisconsin Supreme Court has ruled that the gestational limit may be unconstitutional if it places an undue burden on a pregnant person’s right to an abortion.

8. Can a physician or medical facility refuse to provide abortion services in Wisconsin?


Yes, a physician or medical facility may refuse to provide abortion services in Wisconsin. In Wisconsin, abortion providers are allowed to decline to provide abortions for any reason. There is currently no law in place that requires abortion providers to perform the procedure.

9. Are there any laws related to medication or surgical abortions in Wisconsin?


Yes, there are laws related to medication and surgical abortions in Wisconsin. The state requires that a woman seeking an abortion must first receive in-person counseling at least 24 hours before the procedure. The counseling must include information about the medical risks associated with the procedure, as well as alternatives to abortion such as adoption. Women must also receive information about the gestational age of the fetus and the availability of ultrasound services.

In addition, Wisconsin requires that all abortions after the 20th week of gestation be performed in a hospital. Women seeking abortions must also sign a consent form indicating that they have been provided with the required information regarding the risks of the procedure and alternatives to it.

Finally, Wisconsin prohibits the use of state funds for abortion procedures except in cases of rape, incest or when the life of the mother is at risk.

10. Is informed consent required by providers before performing an abortion in Wisconsin?


Yes, informed consent is required by providers before performing an abortion in Wisconsin. The Wisconsin Department of Health Services website states that “A woman must provide informed consent prior to having an abortion. The provider must explain the risks, benefits, and alternatives of the procedure, as well as information on fetal development.”

11. Does Wisconsin allow for the provision of telemedicine abortion services?


Yes, Wisconsin does allow for the provision of telemedicine abortion services. In June 2020, the Wisconsin Supreme Court struck down a 2015 law that had banned the practice.

12. Are specific medical facilities required to provide abortions in Wisconsin?


No, specific medical facilities are not required to provide abortions in Wisconsin. Each health care provider can decide whether or not to offer this service.

13. Does Wisconsin have any regulations regarding the provision of post-abortion care?


Yes, Wisconsin does have regulations regarding the provision of post-abortion care. The state requires that any healthcare facility where abortions are provided must offer follow-up care to patients who receive an abortion. The follow-up care must include a physical exam, testing for certain infections, and counseling on contraceptive options. The regulations also require that the follow-up care be provided within 21 days of the abortion procedure.

14. Does Wisconsin have any restrictions on abortion protestors near clinics or medical facilities providing abortions?


Yes. Wisconsin prohibits anyone from picketing, demonstrating, or protesting within a certain distance from any clinic providing abortions. The distance must be at least 50 feet from the entrance of the clinic. In addition, anyone who “remains or patrols” within this radius or obstructs or interferes with patients, personnel, or vehicles entering the facility can be charged with a misdemeanor.

15. Can health insurance plans cover abortion services in Wisconsin?


No, health insurance plans cannot cover abortion services in Wisconsin.

16. Are there any requirements for the disposal of fetal tissue after an abortion in Wisconsin?


In Wisconsin, the disposal of fetal tissue after an abortion is subject to the requirements set forth in Wisconsin Administrative Code DHS 101.07. This code requires that fetal tissue be disposed of in a manner that meets accepted medical standards, including incineration or interment, and that all costs associated with the disposal of fetal tissue must be borne by the facility providing the abortion services.

17. How are fetal remains handled after an abortion in Wisconsin?


According to Wisconsin law, the remains of a fetus must be disposed of in a humane manner. The law does not specify what this means. The procedure will vary depending on the abortion provider and the time of gestation of the fetus. Generally, the remains may be buried or cremated, and some providers may offer parents the option to take the remains home.

18. Does Wisconsin recognize gestational and fetal age based on ultrasound measurements?


Yes, Wisconsin recognizes gestational and fetal age based on ultrasound measurements.

19. Are there any laws related to informed consent for minors seeking an abortion in Wisconsin?


Yes, there are laws related to informed consent for minors seeking an abortion in Wisconsin. Minors must obtain consent from a parent or legal guardian before obtaining an abortion, unless they are granted a waiver from this requirement by a judge. Additionally, the minor must be provided with certain information about the abortion procedure, the development of the fetus, and potential medical risks of the procedure.

20. Is there a judicial bypass process to allow minors to obtain an abortion without parental consent in Wisconsin?


Yes, there is a judicial bypass process to allow minors to obtain an abortion without parental consent in Wisconsin. A minor may petition for a judicial bypass in the county in which she resides or is present. The court must then issue an order granting the bypass if it finds that the minor has sufficient maturity and knowledge to make the abortion decision on her own or that an abortion would be in her best interest.