IMPORTANT INFORMATION ABOUT ABORTION ACCESS IN ARIZONA
On November 5, 2024, the voters approved Proposition 139, which establishes a fundamental right to abortion under the Arizona Constitution. Proposition 139 took effect on November 25, 2024.
Under this new constitutional provision, Arizonans can access abortion care prior to fetal viability. After fetal viability, Arizonans can access abortion care when necessary to preserve the life or physical or mental health of the mother based on the good-faith judgment of a treating health care professional.
The Arizona Constitution defines “fetal viability” as “the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.” In other words, “fetal viability” is a medical determination that health care providers make based on the particular circumstances of each case.
As a result of the Arizona Constitution’s fundamental right to abortion and definition of fetal viability, the Attorney General believes that the 15-week and 20-week bans that are currently on the books are now plainly unconstitutional. The Attorney General expects Arizona courts to quickly strike those laws down.
In all events, Arizonans who think they may be pregnant and need abortion care should consult with healthcare providers as soon as possible to understand their treatment options and get answers to their medical questions.
Arizonans take pride in their personal freedom and their privacy. The decision of how and when to grow one’s family is deeply personal and private.
Arizonans deserve to decide what’s right for their families on their own terms, in consultation with their doctors, significant others, and faith communities, as they deem appropriate.
The Arizona Attorney General’s Office provides clear and credible information about reproductive health care access in the state. Empowered with objective facts and context, Arizonans can make informed decisions about their reproductive health.
Disclaimers
Arizonans should understand that these webpages are not an exhaustive explanation of all abortion-related information. The pages are meant to be a tool to better understand how abortion is regulated in Arizona. Patients should always consult with licensed medical providers and seek additional information to answer their specific questions.
Arizonans should also understand that the law is subject to change due to several cases making their way through the courts right now. The information on the webpages is meant to be a starting point to understand the legal landscape regarding abortion, and it will be updated to reflect relevant developments in the law.
Finally, Arizonans should understand that this information is not intended to be legal advice and creates no attorney-client relationship with the Arizona Attorney General’s Office.