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Wisconsin Abortion Laws



Explanation of Chart and More Information on Abortion Laws

Code Section 940.04; 48.375
Statutory Definition of Illegal Abortion(1) Intentionally destroys life of unborn child; (2) causes death of mother during procedure; (3) mother intentionally destroys unborn child or consents to same; (4) mother intentionally destroys life of unborn quick child or consents to same
Statutory Definition of Legal AbortionNecessary to save life of mother or advised by two other M.D.s as necessary
Penalty for Unlawful AbortionPerson other than mother performs abortion: imprisonment up to 3 years and/or fine to $5,000; mother dies or intentionally destroys life of unborn quick child: imprisonment to 15 years; mother performs or consents to abortion: imprisonment to 6 months and fine to $200; mother performs or consents to abortion on quick child: imprisonment to 2 years
Consent RequirementsInformed written consent of unemancipated minor as well as informed, written consent of 1 of her parents, or an adult family member, or her guardian, unless the pregnancy is a result of sexual assault, or incest, or a physician believes the minor to be suicidal, or medical emergency, or subject to a judicial waiver
Residency Requirements for Patients-
Physician Licensing RequirementsLicensed M.D., licensed maternity hospital except in medical emergency

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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