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High School Civil Liberties Project
Student Rights
WOMEN'S ABORTION RIGHTS
Are abortions legal?
Yes. Abortion is legal until approximately twenty-four weeks, or six months, into the pregnancy. Thereafter, abortion is legal if necessary to preserve the life or health of the pregnant women. The earlier an abortion is performed the less complicated it tends to be for a woman. The safest time to have an abortion is between six to ten weeks from the last menstrual period.
Are medical abortions (RU-486) legal?
Yes. Also known as Mifepristone, this medication was invented in France by Dr. Etienne-Emile Baulieu in 1980. Medical abortions work only during the first nine weeks of the pregnancy. They are 95.5% effective in inducing abortion during the first seven weeks of pregnancy. The medication is taken in the form of a pill in a three or four step procedure. A minimum of two visits to an authorized medical center is required. These visits are important because only authorized medical personnel can tell whether an abortion has occurred or not. More than 500,000 women in Europe and millions of women worldwide have had medical abortions.
May a pregnant woman have an abortion without notifying her husband or obtaining his consent?
Yes. A married woman may choose to have an abortion without the consent of her husband,
Can a minor have an abortion without notifying her parents?
Yes. A pregnant minor can have an abortion without informing her parents or obtaining their permission. Most teenagers who choose not to involve their parents consult clinic staff, a family member, clergy or other adults close to them. Teenagers with unplanned pregnancies face difficult choices. Teens who become parents are more likely to drop out of school, receive insufficient prenatal care, rely on public aid to raise the child, and develop health problems. Of the teenage women who become pregnant, about 35% choose to have an abortion rather than give birth to the child.
Must abortions be performed by a physician?
Yes, but they can be performed in a clinic or office setting. It is not necessary for an abortion to be performed in a hospital setting. Access to abortion services is affected by the number of licensed physicians providing such services. There is currently a shortage of physicians trained to provide abortion services. Many of the doctors working in hospitals and obstetrics gynecology (ob/gyn) units nearly three decades ago, when Roe v. Wade was decided, are retiring. And, increasing threats of violence and harassment towards abortion clinics and providers affect access to services.
Is it legal to travel to another state to have an abortion?
Yes. There is no law banning travel to another state to obtain an abortion. The number of women traveling to Illinois for abortions has risen in recent years as result of a severe and escalating shortage of abortion providers throughout this country, mandatory parental involvement laws in other states and other restrictive legislation. The need to travel to access abortion services significantly increases the burdens on women seeking to exercise their right to choose.
Is there a requirement that women submit to a state-mandated lecture about fetal development or adoption before obtaining an abortion?
No such requirement exists in Illinois. Many other states have mandatory waiting periods that prohibit women from obtaining abortion services until a specified period of time after receiving a state-mandated lecture or materials. For example, in some states, a woman may not obtain an abortion until at least 24 hours after she has signed a consent form that must include a description of the stage of development of the fetus, the type of abortion procedure to be used, and availability of alternatives to abortion.
Do Medicaid and insurance pay for abortions?
Sometimes. A woman eligible for state medical assistance for general healthcare may obtain public funds to pay for an abortion when the abortion is necessary to preserve her life or health, or when the pregnancy is the result of rape or incest. Otherwise Medicaid will not cover such services. Most states have similar laws restricting financial help to women who need abortions. About one-third of private insurance plans do not cover abortion or will only cover such care in certain limited circumstances.
What is emergency contraception?
Emergency Contraception (EC) works to prevent pregnancy if taken within seventy-two hours of unprotected sex. It does not protect against sexually transmitted diseases. Emergency contraception can be used when a condom breaks, after sexual assault, or after unprotected sex, but should be taken as soon after intercourse as possible. You can get EC at a family planning clinic. In Illinois, hospital emergency rooms that treat sexual assault survivors are required to provide information about EC and can also provide EC.
Does Illinois require a waiting period before an abortion?
No. In Illinois there is no required waiting period to obtain an abortion. State laws restricting abortions such as waiting periods between abortion counseling and abortion procedures are doubly burdensome for some teenage women who have limited resources and privacy. However, since no such law exists in Illinois, once a woman makes the choice to have an abortion, she may seek to act on that choice without delay.
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