Is Abortion Legal in Illinois? 2026 Abortion Laws
Short answer
Yes. Abortion is legal in Illinois. The Reproductive Health Act, 775 ILCS 55, makes it a fundamental right. Illinois sets no fixed week limit, but after viability it is allowed only to protect the patient’s life or health.
Last verified: October 26, 2026 against 775 ILCS 55 (Reproductive Health Act) and Illinois Department of Public Health guidance
Is abortion legal in Illinois? Yes. The Illinois abortion law is one of the most protective in the Midwest, and it is written into state statute, not left to court rulings alone. Illinois has no waiting period, no required ultrasound and no parental notice rule, and it draws a line only at fetal viability.
That makes Illinois a destination for people from nearby states where abortion is banned or limited. This page explains what the law allows, how many weeks apply, what the rules are for abortion pills and minors, and what changed in 2025 and 2026.
Key facts
- The Reproductive Health Act (
775 ILCS 55) says every individual has a fundamental right to decide whether to continue a pregnancy or have an abortion. - There is no set week cutoff. After viability, abortion is allowed only when necessary to protect the patient’s life or health.
- No mandatory waiting period, no required ultrasound and no spousal consent.
- Minors do not need parental consent or notice since the Youth Health and Safety Act took effect on June 1, 2022.
- Physicians, advanced practice registered nurses and physician assistants can provide abortion care within their scope of practice.
- Illinois law requires private insurance and Medicaid to cover abortion care.
- Abortion pills (mifepristone and misoprostol) are available by telehealth in Illinois while federal litigation continues.
Is abortion legal in Illinois right now?
Yes. Abortion is legal in Illinois today, and no court order or pending law has changed that as of October 26, 2026. Governor JB Pritzker signed the Reproductive Health Act on June 12, 2019, and it took effect immediately.
The Act repealed the Illinois Abortion Law of 1975, which penalized doctors for abortions not considered medically required, and the state’s Partial-Birth Abortion Ban Act. It also states that a fertilized egg, embryo or fetus does not have independent rights under Illinois law.
Under 775 ILCS 55/1-20, the State may not deny, restrict or discriminate against the right to an abortion. It also cannot penalize a person for their own pregnancy-related conduct based mainly on the effect on the pregnancy.
How many weeks is abortion legal in Illinois?
Illinois does not set a number of weeks. The line is fetal viability, and the attending health care professional decides it case by case.
775 ILCS 55/1-10 defines viability as the attending health care professional’s judgment that there is a significant likelihood of the fetus’ sustained survival outside the uterus without extraordinary medical measures. Many summaries put that around 24 weeks, but the statute itself names no week.
Before viability, the decision belongs to the patient and the provider. After viability, 775 ILCS 55/1-25 allows an abortion only when it is necessary to protect the life or health of the patient.
| Stage | What Illinois law says |
|---|---|
| Before viability | Legal. The patient decides with a health care professional. No waiting period or ultrasound. |
| After viability | Allowed only if necessary to protect the patient’s life or health, as the provider judges it. |
| Reporting | Providers report abortions to the Illinois Department of Public Health (IDPH) each quarter. Reports are anonymous and confidential. |
Are abortion pills legal in Illinois?
Yes. Medication abortion is legal in Illinois, and the state does not require a physician to provide it. Advanced practice clinicians can prescribe it, and Illinois has neither a ban on telemedicine abortion nor a rule that you must be physically present.
Federal court fights have put abortion pills in the news. On May 1, 2026, the 5th Circuit, in Louisiana v. FDA, stayed the FDA’s 2023 rule change that allowed mifepristone to be prescribed by telehealth and mailed. That order would have required in-person dispensing nationwide while Louisiana’s appeal continues. On May 14, 2026, the U.S. Supreme Court stayed the 5th Circuit’s order pending further proceedings in that court, with Justices Thomas and Alito dissenting. The case is still going, and the FDA’s current rules remain in effect, so mifepristone stays available by telehealth and mail.
Two Illinois laws signed in August 2025 also touch on pills. House Bill 3637 expanded the state shield law to protect Illinois health care workers for care that is legal here. It also lets Illinois health care professionals keep prescribing certain medications, such as mifepristone, if federal approval is revoked, provided the drug had FDA approval before 2025 and is still approved by the World Health Organization. House Bill 3709 requires public colleges and universities that have an on-campus pharmacy or student health center to offer medication abortion and contraception to students.
Is it illegal to get an abortion in Illinois if you are a minor?
No. A person under 18 does not need a parent’s consent or notice to get an abortion in Illinois. The Youth Health and Safety Act (House Bill 370) repealed the state’s Parental Notice of Abortion law, which had required doctors to notify a parent at least 48 hours before the procedure.
Governor Pritzker signed the repeal in December 2021, and it took effect on June 1, 2022. Illinois also does not require a spouse or partner to consent.
Who can perform an abortion in Illinois?
Licensed physicians, advanced practice registered nurses and physician assistants can provide abortion care in Illinois. Each works within their scope of practice and professional judgment under 775 ILCS 55/1-25.
Illinois dropped its physician-only requirement in 2019. Advanced practice nurses and physician assistants may perform aspiration abortions that do not need general anesthesia, consistent with their training and any collaborative agreement.
Does insurance or Medicaid cover abortion in Illinois?
Yes, in most cases. Illinois requires state-regulated private plans that cover pregnancy-related benefits to cover abortion, including abortion pills, and Illinois Medicaid covers it too.
Some self-funded employer plans fall under federal rules and are not bound by state insurance law. Call your plan or the Illinois Department of Insurance if a claim is denied.
Illinois abortion laws: 2019 to 2026 timeline
| Date | Change | Source |
|---|---|---|
| June 12, 2019 | Reproductive Health Act signed; abortion made a fundamental right; 1975 law repealed | 775 ILCS 55 |
| June 1, 2022 | Parental notice requirement ends | Youth Health and Safety Act (HB 370) |
| August 2025 | Shield law expanded; public campuses must offer medication abortion | HB 3637; HB 3709 |
| January 1, 2026 | Shield protections extend to licensed professional midwives and drug wholesalers | Illinois shield law |
| May 14, 2026 | U.S. Supreme Court pauses 5th Circuit order that would have barred mailing mifepristone | Louisiana litigation against the FDA |
| June 24, 2026 | Governor signs HB 5295, the Reproductive Health Records Privacy Act; takes effect July 1, 2027 | HB 5295 |
HB 5295 requires abortion-related information to be separated from a patient’s digital medical records and limits access by out-of-state entities. It can be shared only in limited circumstances, generally with the patient’s consent. The records are shielded, not deleted.
How Illinois compares with its neighbors
Illinois is the most protective state around it. If you live nearby, the rules you face at home are very different.
| State | Status as reported in 2026 |
|---|---|
| Illinois | Legal until viability, then to protect life or health |
| Indiana | Illegal with narrow exceptions, including life, physical health, fatal fetal abnormalities (through 20 weeks) and rape or incest (through 10 weeks) |
| Iowa | Illegal after 6 weeks, with exceptions for the patient’s life and physical health, rape, incest and fatal fetal abnormalities |
| Kentucky | Illegal except to prevent death or permanent impairment of a life-sustaining organ |
| Wisconsin | Legal until 20 weeks since fertilization, with exceptions for life and physical health; the state Supreme Court struck down the 1849 ban on July 2, 2025 |
Missouri voters approved Amendment 3 in November 2024, which protects abortion access through viability. A new Amendment 3 on the November 2026 ballot would repeal those protections and replace them with a ban with limited exceptions, so check current Missouri status before you rely on it.
Illinois law protects patients who travel here and the providers who treat them. The shield law guards providers and patients from out-of-state investigations and legal actions.
Myths vs. facts about Illinois abortion law
| Myth | Fact |
|---|---|
| Illinois has a week limit like 15 or 20 weeks. | No fixed week limit. The line is viability, decided by the provider. |
| Minors need a parent to sign. | Not since June 1, 2022. |
| You must wait or see an ultrasound first. | Illinois has no waiting period and no ultrasound requirement. |
| Abortion pills are banned in Illinois. | They are legal, including by telehealth. |
| A patient can be charged for their own pregnancy outcome. | 775 ILCS 55/1-20 bars penalties for pregnancy-related conduct based mainly on its effect on the pregnancy. |
Chicago and Illinois local rules
No Chicago or Cook County rule differs from state law on abortion. Chicago, Cook County and every other Illinois city follow the state’s Reproductive Health Act, and the Act applies to all state and local laws and government actions under 775 ILCS 55/1-30.
What to do if you need care or face a problem
- Ask a licensed Illinois provider about timing, medication or procedure options and what your insurance covers.
- If a plan denies coverage, request the denial in writing and contact the Illinois Department of Insurance.
- If you are a minor, you can consent on your own. A trusted adult is welcome but not required by law.
- If you are traveling from another state, keep your medical records and ask the clinic how it handles privacy.
How Michigan compares: Michigan voters approved Proposal 3 in November 2022, which put reproductive freedom in the state constitution (Const 1963, art 1, § 28). Like Illinois, Michigan allows the state to regulate abortion after viability, but it cannot prohibit an abortion that a health professional judges necessary to protect the patient’s life or physical or mental health.
Frequently asked questions
Is abortion legal in Illinois?
Yes. The Reproductive Health Act, 775 ILCS 55, makes abortion a fundamental right. It is legal before viability, and after viability it is allowed when necessary to protect the patient’s life or health. Illinois has no waiting period and no required ultrasound.
Is abortion illegal in Illinois after a certain week?
Illinois sets no fixed week. The cutoff is viability, which the provider decides case by case. After that point, an abortion is allowed only to protect the patient’s life or health. Many sources put typical viability around 24 weeks.
Are abortion pills legal in Illinois?
Yes. Mifepristone and misoprostol can be prescribed by physicians and advanced practice clinicians, including by telehealth. The U.S. Supreme Court paused a 5th Circuit ruling on May 14, 2026, so telehealth access continued while the Louisiana case goes on.
Is it illegal to get an abortion in Illinois if you live in another state?
No. Illinois care is open to out-of-state patients. You must follow your home state’s law on travel and mailing medication, so ask a licensed attorney in your state if you have concerns. Illinois shield laws protect providers and patients from out-of-state actions.
Do minors need parental consent for an abortion in Illinois?
No. The Youth Health and Safety Act repealed the parental notice law effective June 1, 2022. A person under 18 can consent on their own, and no spouse or partner consent is needed either.
Does Illinois insurance cover abortion?
Usually yes. Illinois requires state-regulated private plans that cover pregnancy-related benefits to cover abortion care, and Illinois Medicaid covers it. Some self-funded employer plans follow federal rules instead.
Can Illinois ban abortion in the future?
The Reproductive Health Act is a state statute, so the General Assembly could change it. Nothing has passed to change it as of today. Any change would need to pass both chambers and the governor.
What changed on this page
- October 26, 2026: First published. Covers the Reproductive Health Act (June 12, 2019), the Youth Health and Safety Act (June 1, 2022), the August 2025 laws on shield protections and campus medication abortion, HB 5295 (June 24, 2026) and the May 14, 2026 Supreme Court order on mifepristone. See our editorial policy and corrections page.
If this affects you
For questions about reporting, clinic licensing or health data, contact the Illinois Department of Public Health. For insurance denials, contact the Illinois Department of Insurance. If you face a legal problem, speak with a licensed Illinois attorney. The Illinois State Bar Association lawyer referral service can connect you with one. This page gives general legal information and is not legal advice.
More laws in this area are in Health & Privacy, and the full Illinois library is at Illinois laws.
