Voting & Civil Rights

Yes. Illinois is currently the only Midwestern state to have abortion access written as a law. The Illinois Reproductive Health Act confirms everyone has a fundamental right to make decisions about their own reproductive health. This includes the right of pregnant people to continue their pregnancy and give birth, or to have an abortion. Abortion and contraception are considered health care just like any medical treatment or care. There are some restrictions on abortions, as described below.

Yes. If a doctor determines a fetus is “viable,” they can only perform an abortion to protect the patient’s life. This includes to protect the patient's general health and 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. Pregnant people do not need to undergo an ultrasound or listen to any lectures regarding abortion before accessing abortion.

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

No. Under the Youth Health and Safety Act, a person under 18 does not need parental consent When someone gives permission for someone else to do something to get an abortion.

Yes. Medical providers are required to keep patients’ information private. Hospitals can share a patient’s medical information under very limited circumstances:

• If the patient has given permission,
• If the patient is facing a life-threatening emergency, or
• If the patient's condition poses an immediate health risk to others.

If someone believes a hospital worker has violated their right to health information privacy, they can file a HIPAA complaint.

The Illinois Reproductive Health Act also prevents Illinois state officials from giving health care information to out-of-state entities. This includes information about legally provided health care services in Illinois, including abortions. 

Yes. The law does not require an individual or health care provider to provide care that is against their beliefs. Healthcare providers with religious objections must give their patients information about where they can access abortion.

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

If someone believes they’ve been denied health care because of someone else's religious beliefs, they can possibly seek help from the ACLU of Illinois.

Illinois law requires insurance plans to provide abortion care if they provide other pregnancy-related benefits. 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.

Insurance companies must also cover services provided by perinatal doulas and licensed certified professional midwives supporting people before, during, and after an abortion.

Illinois Medicaid is also required to cover abortion care.

An employer's health plan may not be considered “insured.” If that’s the case, the plan may not be covered by state insurance laws. Ask your employer to find out what benefits are offered under your employer's plan.

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

Under federal civil rights law, pregnancy is a protected class. A group of people who get special protection against discrimination This means if an employer fires someone because they are pregnant, they can be sued for discrimination. This also means an employer cannot fire someone for accessing abortion. 

The Illinois Human Rights Act also prohibits discrimination based on pregnancy and reproductive health decisions. These include decisions about contraception, fertility or sterilization care, assisted reproductive technologies, miscarriage management care, health care related to continuing or terminating a pregnancy, and prenatal, intranatal, or postnatal care. Learn more about filing a discrimination claim with the Illinois Department of Human Rights.    

People who travel to Illinois are allowed to seek abortion care here. They are not violating Illinois law and have all the same protections as Illinoisians. The records of services they received in Illinois are protected from disclosure to out-of-state entities.

The Illinois laws that don’t apply to individuals from out of state are the insurance rules. Illinois can’t require out-of-state insurance to cover abortion services.

All forms of contraception are still legal. However, pharmacists may decide not to prescribe contraceptive pills like Plan B. If someone feels they have been wrongfully denied access to contraception, they can file a complaint A written statement to start a lawsuit that says what the defendant did with the Department of Health and Human Services Office of Civil Rights.