The abortion law in Illinois allows for abortion under specific conditions. An abortion includes both in-clinic and at-home via the abortion pill. This article provides an overview of current Illinois law regarding abortion and recent changes that have taken place.
What are the conditions for legal abortion in Illinois?
The “Reproductive Health Act” (RHA) of 2019 is the primary law related to abortion in Illinois. The main takeaway is that abortion in Illinois is legal up to the point of “fetal viability.” This must be determined by a doctor.
If the fetus is determined to be able to survive after delivery without extraordinary equipment, an abortion is not permitted unless continuing the pregnancy would put the woman’s life in danger.
The Act states:
- If the health care professional determines that there is fetal viability, the health care professional may provide abortion care only if, in the professional judgment of the health care professional, the abortion is necessary to protect the life or health of the patient.
When is a fetus viable?
The viability of a fetus can vary. Recently, the Guinness record for the earliest fetus surviving delivery was set at 21 weeks after receiving intensive care.
A 2024 study at the American Academy of Pediatrics studied survival rates on viability from 22-25 weeks. The farther along a fetus is, the less likely a fetus requires intensive care after delivery.
In the state of Illinois, the viability of the fetus is determined by a doctor.
What are recent changes to laws pertaining to abortion law in Illinois?
In 2023, Illinois passed House Bill 4664, which amended the Reproductive Health Act and several other laws related to abortion. The changes in law included the following:
- Requires any lawsuit filed under to the Reproductive Health Act to start within 2 years after the incident.
- Allows not only doctors, but a “nurse or physician assistant,” to perform certain abortions.
- Makes it easier for abortion practitioners who have had their license “revoked” in another state to practice in Illinois.
I’m considering abortion in Illinois. What’s my next step?
If you are pregnant and considering abortion, your first step is to obtain an ultrasound. The ultrasound is a crucial step and reveals information like:
- The location of your pregnancy. If your pregnancy has implanted anywhere outside the uterus you could have an ectopic pregnancy. In this instance, you would be advised to seek immediate medical attention. If you are considering the abortion pill, it’s important to know the FDA specifically says the abortion pill “will not be effective to terminate an ectopic pregnancy.”
- The gestational age is determined by measuring the dimensions of the pregnancy. If you are considering the abortion pill, it can be dangerous to you if your pregnancy is farther along than you may think. The FDA approves of the abortion pill up to 70 days (10 weeks). Abortion pill risks such as uterine rupture increase the farther along you are in your pregnancy. The ultrasound provides you with an accurate gestational age so you can make the best decision for you.
- The viability of your pregnancy. If a heartbeat cannot be detected, it is possible you may naturally miscarry. In this case, you would be advised to follow up with your physician, and you would avoid an unnecessary abortion procedure.
Schedule an appointment
If you are considering abortion or the abortion pill, obtaining an ultrasound first is an important step. At Waterleaf Women’s Center, our medical professionals can provide you with a free medical and pregnancy consultation, including ultrasound. No insurance is required. Call or text us today at 630-360-2256. You deserve compassionate care!
