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Illinois Abortion Laws
Explanation of Chart and More Information on Abortion Laws
| Code Section | 720 ILCS 510/1, et seq.; 750 ILCS 70/1, et seq.; act barred by permanent injunction by unpublished opinion from Zbaraz v. Ryan, No. 84 CV771 (N.D. Ill. 1996) |
| Statutory Definition of Illegal Abortion | Use of any instrument, drug, or any other device to terminate pregnancy of a woman known to be pregnant with an intention other than to increase the probability of live a birth, to preserve the life or health of the child after live birth, or to remove a dead fetus |
| Statutory Definition of Legal Abortion | If fetus nonviable and abortion not necessary to preserve mother's health, M.D. must certify nonviability; if fetus is viable, abortion must be medically necessary to preserve life, health of mother; M.D. must certify this necessity |
| Penalty for Unlawful Abortion | Fine to $1,000 and/or imprisonment 3 to 7 years for M.D. (Class 2 felony); if fetus could have survived with or without support and M.D. does not use method to keep it alive: Class 3 felony |
| Consent Requirements | 48 hours prior to abortion procedure on an unmarried woman less than 18, written informed consent by minor and actual or constructive notice must be given to an adult family member; exceptions for medical emergency or judicial notice |
| Residency Requirements for Patients | - |
| Physician Licensing Requirements | Licensed M.D. |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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