Voting & Civil Rights

On Friday, June 24, 2022, the Supreme Court overturned Roe. v. Wade. 

In response A formal written answer to the plaintiff or petitioner's written statement , President Biden signed an Executive Order to protect access to reproductive health services. Also, the US Department of Health and Human Services (HHS) strengthened HIPAA privacy protections for highly sensitive protected health information. This applies to reproductive health care information, including abortions. 

In Illinois, the Reproductive Health Act protects health care providers and their patients from legal attacks by other states and expands health care access and options across Illinois. State and local officials also can't give information to out-of-state entities investigating health care that was legally provided in Illinois, including abortions.  

The following are some questions you may have about abortion and reproductive health law in Illinois.

Is abortion legal in Illinois?

Yes. In Illinois, abortion and contraception are considered health care just like any medical treatment or care. There are some restrictions on abortions, as described below. 

All the rights in this article exist for people in Illinois even though Roe is overturned.

HHS has up-to-date information about reproductive rights. You can also file a complaint with HHS's Office for Civil Rights if you believe your rights have been violated when seeking an abortion.

Are there any restrictions on abortion?

Yes. If a doctor determines that a fetus is "viable," they can only perform an abortion to protect the patient’s life or general health (including mental health). "Viable" means there is a significant chance the fetus can survive outside the womb without medical help. This can be different for every pregnancy, though it usually happens around 24 to 26 weeks of pregnancy. 

Any further restrictions must be necessary to protect the health of the patient. They must be the least restrictive possible on the person’s right to make choices about their health.

There is no mandatory waiting period in Illinois. You do not need to undergo an ultrasound or listen to any lectures regarding abortion before accessing abortion.

You can leave a clinic at any time. If a healthcare provider stops you from leaving when you want to, reach out to a legal aid organization like the ACLU of Illinois.

Do I need my spouse/significant other’s consent to get an abortion?

No. The pregnant person has the right to decide whether to continue a pregnancy or to get an abortion.

You have the right to confidentiality when accessing abortion. Who you tell about exercising your rights is up to you.

If I am under 18, do I need my parent or guardian's consent to get an abortion?

No. As of June 1, 2022, a person under 18 does not need parental consent When someone gives permission for someone else to do something to get an abortion. Read more about the Youth Health and Safety Act.

Do I have to tell anyone about my abortion?

No. You have the right to have your health information kept private and your medical providers are also required to keep your information private. Hospitals are only allowed to share your medical information if you have given permission, are facing a life-threatening emergency, or if your condition poses an immediate health risk to others.

If a hospital worker has violated your right to health information privacy, you can file a HIPAA complaint.

You may be concerned about your data privacy when using apps to track your health. Many experts have warned about using apps to track your menstrual cycle. HHS has information about how to ensure your health information stays private while using these apps.

Can I be punished by the government for doing something that could harm my pregnancy?

No. The government cannot punish someone for doing or not doing something that could have a harmful effect on their pregnancy. In addition, a fetus or embryo does not have independent rights in Illinois. 

You have these rights, even if you are in state custody or supervision. This includes people in jail, prison, or DCFS custody.

If you are a federal employee, you have the right to use your sick leave to travel for the purpose of accessing abortion. You can also use sick leave to travel with a family member who is accessing abortion. Find out more information about using sick leave to travel.

Can a health care provider refuse to provide, refer, or participate in abortion care?

Yes. The law does not require an individual, health care provider, or insurance company to provide care that is against their beliefs. If you have been denied health care because of someone else's religious beliefs, you can file a complaint with the ACLU of Illinois.

Healthcare providers with religious objections to abortion must, by law, give their patients information about where else they can access abortion.

Also, Illinois hospitals must provide emergency medical care to people who come to the hospital. This care includes abortions. Hospitals must provide emergency care when an abortion is needed to help a patient's injury or acute medical condition that is likely to cause death, severe injury, or serious illness.

Does insurance cover an abortion?

Illinois law requires that, if an insurance plan provides pregnancy-related benefits, they must also cover abortion care. It also states that coverage for abortion care may not require any:

• Deductible,
• Coinsurance,
• Waiting period, or
• Other cost-sharing limitation that is greater than that required for other pregnancy-related benefits covered by the policy.

If you are covered by an employer's health plan, the health plan may not be "insured." So, the plan may not be covered by state insurance laws. You should ask your employer to find out what benefits are offered under your employer's plan. 

Illinois Medicaid is also required to cover abortion care. 

Use this chart from the ACLU of Illinois to find out if your insurance covers abortion.

Do Illinois’s abortion laws apply to individuals from out of state?

The requirements that abortion care be treated just like any other health care do apply. They do not apply to out-of-state insurance and may not apply to an employer's self-insured health plan.

Find out more about your abortion rights now that Roe is overturned, as well as how to access abortion for yourself and those you know.