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Arizona Abortion Laws

If you’re seeking reproductive healthcare and wondering what’s legal in Arizona, you’re not alone. The law can be confusing and change quickly.

Arizonans should understand three key points.

One. The Arizona Constitution now protects a fundamental right to an abortion through Proposition 139, which was approved by Arizona voters and took effect on November 25, 2024. Abortion—including medication abortion—is legal in Arizona prior to fetal viability. And abortion is legal after fetal viability 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.” 
The new constitutional provision also prevents the government from penalizing any person or group who helps a pregnant person access lawful abortion care..

Two. Arizona has many regulations on abortion care.

Three. Arizona courts are still determining how the new constitutional right to abortion impacts other abortion laws currently on the books. Arizona has numerous laws regulating abortion, some of which are no longer enforceable now that the Arizona Constitution protects abortion rights. We will update these pages as things develop.

 

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Understand the abortion rights in the Arizona Constitution.

Proposition 139 added a new provision to the Arizona Constitution (Article 2, § 8.1). The full text of the measure can be found here.

That provision declares that “every individual has a fundamental right to abortion” and limits the government’s ability to interfere with that right depending on whether the abortion is sought before or after fetal viability.

The Constitution defines “fetal viability” as “the point in pregnancy when … there is a significant likelihood of the fetus’s sustained survival outside of the uterus without the application of extraordinary medical measures.” That determination is left to the good faith judgment of the treating health care professional, based on the particular circumstances of the case.

Before fetal viability, the government cannot interfere with the right to abortion unless it has a compelling state interest, as defined in the Constitution, and does so in the least restrictive way possible. After fetal viability, the government cannot interfere with the good-faith judgment of a treating health care professional that an abortion is necessary to protect the life or health of the mother.

Finally, the provision provides that the government cannot penalize any person or group for aiding or assisting another person in exercising the right to an abortion.

So, what does this mean in practice? 

  • Doctors can perform abortions prior to fetal viability. 
  • After fetal viability, access to abortion care is available 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. 
  • Whether a pregnancy is viable is left to the good-faith judgment of the treating health care professional, based on the particular facts of the situation.
  • You are entitled to autonomy in making decisions about whether and when to have an abortion.
  • If you elect to have an abortion, it can be performed surgically or with medication.
  • It is legal to use the medication abortion drug mifepristone in Arizona.

Understand that the law is in flux and might change.

Arizona has many existing statutes on the books that restrict or regulate abortion care. Some of these statutes may clearly conflict with the new constitutional right to abortion access and are no longer enforceable. For example, the old 15-week ban restricted pre-viability abortions and was struck down by Arizona courts.

With other statutes, it is less clear whether they will continue to be enforceable in light of the new constitutional right to abortion. As outlined on the “Litigation” page, the constitutionality of many abortion laws is currently the subject of active litigation in Arizona courts. The Legislature may repeal some of these statutes, or courts may declare them unconstitutional. In the meantime, however, they remain on the books.

 

Disclaimers

This website is not intended to be legal advice and creates no attorney-client relationship between readers and the Attorney General’s Office. This website is not an exhaustive explanation of all abortion-related information and does not provide medical advice. Patients should always consult with licensed medical providers to answer their questions. The law is in flux and may change; this website will be updated as reasonably appropriate to reflect relevant developments in the law.