Is Abortion Legal in Arizona? What You Need to Know About the State’s New Constitutional Protection (2025)
Abortion is legal in Arizona up to fetal viability (approximately 24 weeks) following the approval of Proposition 139, which established a fundamental constitutional right to abortion and took effect November 25, 2024. In March 2025, a Maricopa County Superior Court judge permanently struck down the state’s 15-week abortion ban, declaring it unconstitutional under the new constitutional amendment. Arizona now offers broader abortion access than at any point since the Dobbs decision overturned Roe v. Wade.
This landmark victory came after voters collected 823,685 signatures—the most of any citizen initiative in Arizona history—and approved the measure with 62% support. But dozens of restrictions remain on the books, creating confusion for residents seeking abortion services.
Is Abortion Legal in Arizona?
Yes. Abortion is legal in Arizona prior to fetal viability, and abortion is legal after fetal viability when necessary to preserve the life or physical or mental health of the mother based on the good-faith judgment of a treating health care professional.
Fetal viability typically occurs around 22-24 weeks of pregnancy. The Arizona Constitution defines “fetal viability” as “the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.”
This represents a dramatic shift from Arizona’s recent legal chaos. In April 2024, the Arizona Supreme Court ruled to uphold an 1864 law that banned nearly all abortions in Arizona, which was signed into law in May to repeal the law.
Recent Changes to Arizona Abortion Law: What Just Happened?
On March 5, 2025, Maricopa County Superior Court Judge Frank Moskowitz permanently blocked Arizona’s 15-week abortion ban, ruling it unconstitutional because it denies Arizonans access to abortion care in violation of the 2024 constitutional amendment.
The judge stated that Arizona and its agents are “immediately and permanently and forever enjoined and restrained from implementing, enforcing, or giving any effect to” the 2022 law.
Two local OB-GYNs and the Arizona chapter of Planned Parenthood took the state to court over the ban late last year, arguing that the 2022 law, which prohibited abortions after its gestational deadline unless a patient was facing death or the impairment of a major bodily function, should be struck down. Attorney General Kris Mayes had already agreed not to enforce the ban under a December stipulation in which both the State and abortion providers agreed that the ban is unconstitutional.
Timeline of Arizona’s Turbulent Abortion Legal Landscape
- March 2022: Legislature passed 15-week abortion ban
- June 2022: Dobbs decision overturned Roe v. Wade
- April 2024: State Supreme Court upheld 1864 near-total abortion ban
- May 2024: Governor Hobbs signed repeal of 1864 ban
- November 2024: Voters approved Proposition 139 (62% support)
- November 25, 2024: Proposition 139 took effect
- December 2024: Attorney General agreed not to enforce 15-week ban
- March 5, 2025: Court permanently struck down 15-week ban
What Are Arizona’s Current Abortion Restrictions?
While the 15-week ban is no longer enforceable, Arizona has many existing statutes on the books that restrict or regulate abortion care. Some of these statutes may clearly conflict with the new constitutional right to abortion access and are no longer enforceable, while with other statutes, it is less clear whether they will continue to be enforceable.
Restrictions Currently on the Books
Examples of statutes that are currently on the books and regulate abortions include:
24-Hour Waiting Period: At least twenty-four hours before the abortion, a medical provider (as specified under the statute) must tell the patient certain information in person.
Parental Consent for Minors: A physician cannot perform an abortion for a minor without either (1) the written and notarized consent of one of the minor’s parents or the minor’s guardian, or (2) authorization from a judge on the Arizona Superior Court (through a process called “judicial bypass”).
Medication Abortion Restrictions: Medication abortion may be provided only by a qualified physician, and it cannot be provided through a courier, delivery or mail service.
Mandatory Ultrasound: At least twenty-four hours before the abortion, the patient must undergo an ultrasound and be offered the opportunity to view the active ultrasound image and hear an explanation of what the ultrasound shows.
In-Person Counseling Requirements: Some, but not all, of the information the provider is legally required to tell the patient includes: “The probable anatomical and physiological characteristics” of the fetus when the abortion is scheduled to be performed, “The nature of the proposed procedure or treatment,” and “The immediate and long-term medical risks associated with the procedure that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.”
Provider Licensing and Reporting Requirements: Abortion providers and clinics are subject to a number of requirements, including that providers must have admitting privileges, and they must record and report certain information about the abortions they perform. Importantly, although the hospital or facility that performed the abortion is required to report certain information, the hospital or facility is legally prohibited from identifying the patient’s name or any other information that would make it possible to identify the patient who sought or obtained an abortion.
Advocates say more than 40 restrictions still on the books—including the 24-hour waiting period, reporting restrictions, and telehealth ban—are unnecessary restrictions that don’t allow people to gain full access to abortion care.
What Legal Challenges Are Coming Next?
With the state’s 15-week abortion law now overturned, Planned Parenthood is now deciding what restrictions that remain on the procedure to next target in court, with lawyers combing through them now to determine which are ripe for legal challenge.
One which is a likely candidate for litigation is a statute that requires women to wait for 24 hours between seeking the procedure and it actually being performed, as there is no medical reason for that delay. The waiting period and the prohibition against tele-health abortion care have a particular impact on those who live outside the main population areas where Planned Parenthood or others have staff to provide abortion services.
The ACLU was one of the key legal groups involved in the case to nullify Arizona’s gestational ban and is in “continuous conversations with partners and providers” to determine which laws should be taken to court next.
Where Can Arizona Residents Access Abortion Services?
The ruling permanently blocks the 15-week ban, which allows doctors across the state to provide care after 15 weeks of pregnancy. Since the passage of Prop. 139 and a December legal agreement that Arizona wouldn’t enforce the 15-week ban while litigation against it continued, many doctors, including at local Planned Parenthood clinics, resumed providing abortions beyond the gestational limit.
Finding Abortion Care in Arizona
Resources available for those seeking abortion services include:
- Reproductivehealth.az.gov: Get the latest information on laws, find resources, and learn about your reproductive healthcare options in Arizona
- Abortion Finder: Features the most comprehensive directory of trusted and verified abortion service providers and assistance resources in the United States
- Planned Parenthood Arizona Patient Navigator: Call or Text (480) 848-8530 to speak to the Patient Navigator (available M-F, 9:00AM-5:00PM), an RN dedicated to helping you access the abortion care you need, including financial assistance
- Abortion Fund of Arizona: Provides financial and practical support to people seeking abortion care at an independent abortion clinic in Arizona
In 2019, 80% of counties in Arizona did not have a clinic that provided abortion services. While access has expanded since Proposition 139 passed, many rural residents still face significant travel barriers.
How Does Arizona Compare to Neighboring States?
Arizona’s constitutional protection now makes it the southernmost continental state where abortion is broadly protected. Here’s how neighboring states compare:
New Mexico: Laws remained broad and consistent after Roe’s reversal—saw abortions decline slightly last year, possibly because patients in Arizona were no longer traveling for care.
Colorado: Laws remained broad and consistent after Roe’s reversal, also seeing slight declines as Arizona patients stayed in-state.
Nevada: Abortion is protected by state law
Utah: Restrictive abortion laws with limited exceptions
California: Strong abortion protections
Now that abortion access has further expanded through the passage of Prop. 139, Arizona could see procedures increase even more among locals and visitors. The state’s geographic position makes it a crucial access point for residents from more restrictive neighboring states.
What Exceptions Exist Under Arizona Law?
Before fetal viability, the government cannot interfere with the right to abortion unless it has a compelling state interest, as defined in the Constitution, and does so in the least restrictive way possible.
Post-viability abortions are allowed if they are necessary to protect the life or physical or mental health of the mother. This determination is left to the good faith judgment of the treating health care professional, based on the particular circumstances of the case.
Unlike the previous 15-week ban, which prohibited abortions after its gestational deadline unless a patient was facing death or the impairment of a major bodily function, the current constitutional protection offers much broader health exceptions after viability.
What’s Happening in the Legislature?
While Republicans may not try to end abortion access for now, some GOP lawmakers are still pushing bills about the abortion process, including House Bill 2547 which would prohibit the state from funding any person who performs or promotes abortion care.
So far, not a single measure to end abortion restrictions or reporting has advanced in the Republican-controlled Legislature. Senator Ortiz has introduced SB 1553 which aims to repeal more than 40 abortion-related statutes that impact Arizonans’ access to care, with the primary goal of harmonizing Arizona’s statutory framework with the constitutional protections established by Prop 139.
For now, any restrictive bills would undoubtedly meet Gov. Katie Hobbs’ veto stamp, though they could be revived if she loses her reelection bid next year.
Frequently Asked Questions
Q: Can I get an abortion in Arizona right now?
Yes. Abortion—including medication abortion—is legal in Arizona prior to fetal viability (approximately 24 weeks). The 15-week ban that was in effect has been permanently struck down.
Q: What is the gestational limit for abortion in Arizona?
Arizona law protects abortion up to fetal viability, which is typically around 22-24 weeks of pregnancy. After viability, abortions are permitted when necessary to protect the patient’s life or physical or mental health.
Q: Do I need parental consent if I’m under 18?
Yes, a physician cannot perform an abortion for a minor without either the written and notarized consent of one of the minor’s parents or the minor’s guardian, or authorization from a judge on the Arizona Superior Court through a process called “judicial bypass.”
Q: Are there waiting period requirements?
Yes, Arizona currently requires at least a twenty-four hours waiting period before the abortion, during which a medical provider must tell the patient certain information in person. This requirement may face legal challenges.
Q: Can I get medication abortion by mail in Arizona?
No, medication abortion cannot be provided through a courier, delivery or mail service under current Arizona law. It may only be provided by a qualified physician. However, this restriction may be challenged under the new constitutional protections.
Q: Will I have to pay for an abortion in Arizona?
Costs vary by provider and gestational age. The Abortion Fund of Arizona provides financial and practical support to people seeking abortion care, and Planned Parenthood Arizona offers a Patient Navigator who can help with financial assistance.
Q: What if I face complications after 24 weeks?
Abortion is legal after fetal viability if a treating healthcare provider determines an abortion is needed to protect the life or physical or mental health of the patient. The decision is left to the good faith judgment of your healthcare provider based on your specific circumstances.
Key Takeaways
✅ Abortion is legal in Arizona up to fetal viability (approximately 24 weeks) following voter approval of Proposition 139
✅ The 15-week ban was permanently struck down in March 2025 by a Maricopa County Superior Court judge
✅ Post-viability exceptions exist for the life or physical or mental health of the mother
✅ More than 40 restrictions remain on the books, including waiting periods, parental consent requirements, and medication abortion limitations
✅ Legal challenges are expected to target remaining restrictions that may conflict with the constitutional amendment
✅ Arizona is now the southernmost continental state where abortion is broadly protected, providing crucial access for the region
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Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Abortion laws are rapidly evolving in Arizona as courts determine which existing restrictions conflict with Proposition 139. Consult an attorney specializing in reproductive law or healthcare law for legal guidance specific to your situation. For the most current information, visit the Arizona Attorney General’s reproductive rights page at azag.gov or contact a healthcare provider directly.
Last Updated: October 2025 | Sources: Arizona Attorney General’s Office, ACLU of Arizona, Arizona Mirror, Maricopa County Superior Court records
About the Author
Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
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