Is Abortion Legal in Arizona? Yes, Up to Viability After Prop 139 (2026)
What You Need to Know Right Now
Abortion—including medication abortion—is legal in Arizona prior to fetal viability. On March 5, 2025, a judge permanently blocked the state’s 15-week ban because it denies Arizonans’ access to abortion care in violation of the state’s 2024 constitutional amendment. Here’s the truth: Arizonans can access abortion care (including medication abortion) up to the point of “fetal viability” (when the fetus could most likely survive outside the uterus).
Why This Matters to You
Arizona voters fundamentally changed abortion access in November 2024. Arizonans approved a ballot measure to enshrine abortion rights in the state constitution, according to a call by the Associated Press.
Arizona voters passed Proposition 139, the Arizona for Abortion Access Act, which will establish a fundamental right to abortion in the state constitution. Prop. 139 ensures Arizonans have a right to abortion in the state Constitution.
Bottom line: after years of restrictions—including a brief moment when Arizona’s 1864 total ban was nearly enforced—you now have constitutionally protected abortion access through viability.
Most sites won’t tell you this, but: 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. The legal landscape is still evolving.
What You Came to Know: Arizona Abortion Laws After Proposition 139
Is Abortion Legal in Arizona in 2026?
Yes. The state cannot limit access to abortion before fetal viability, and protects access to abortion 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.
Let’s break this down: After the point of fetal viability, abortion care is legal if a doctor determines it is needed to save the life of the mother, or to keep the mother physically and mentally healthy.
What Happened to Arizona’s 15-Week Ban?
It’s permanently blocked. The Arizona attorney general had agreed in December not to enforce the ban, agreeing it was unconstitutional under the Act and allowing doctors to resume providing care.
Arizona’s 15-week abortion law is expected to fall once the new constitutional amendment goes into effect. That’s exactly what happened on March 5, 2025.
Do Minors Need Parental Consent for Abortion in Arizona?
Yes—this restriction remains in effect. 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”).
If you are under 18, a parent or legal guardian must give you permission to get an abortion. Visit Minors & Abortion Law page for more resources and information. If getting permission of a parent or guardian is not an option for you, you can seek a judicial bypass (JB) by calling the JB Helpline at 844.868.2812.
Are There Waiting Periods or Mandatory Counseling?
Yes. At least twenty-four hours before the abortion, a medical provider (as specified under the statute) must tell the patient certain information in person.
Arizona has dozens of other laws on the books regulating abortion. There’s a required 24-hour waiting period for patients, a law barring abortion medication through the mail and a requirement that patients have an ultrasound before the procedure, which may be medically unnecessary.
Here’s what that actually means for you: 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,” the medical risks associated with the procedure, and the medical risks of continuing with the pregnancy.
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.
Can I Get Medication Abortion (The Abortion Pill) in Arizona?
Yes. It is legal to use the medication abortion drug mifepristone in Arizona.
Medication abortion with mifepristone and misoprostol is currently a legal method of abortion care in Arizona.
However: a law barring abortion medication through the mail remains on the books, meaning you’ll likely need an in-person visit.
Related article: Are Poppers Legal? Yes, But the FDA Is Cracking Down (2026)
Does Insurance Cover Abortion in Arizona?
Coverage varies by plan. Unlike states like Illinois that mandate abortion coverage, Arizona doesn’t require private insurance to cover abortion.
Financial assistance may be available. Please call 855.207.PLAN (7526) for more information. Call for assistance with transportation, lodging, gas and childcare needs.
What You Must Know
Arizona’s Path to Constitutional Protection Was Chaotic
On April 9, 2024, the Arizona Supreme Court ruled a 160-year-old near total ban on abortion is enforceable, thrusting the issue to the top of the agenda in a key US presidential election swing state.
On April 9, 2024, the Arizona Supreme Court ruled in Planned Parenthood Arizona v. Mayes that the 1864 law could be enforced, to take effect 14 days later. That law made abortion illegal except to save the pregnant woman’s life—no exceptions for rape or incest.
The backlash was immediate. To qualify for ballots, supporters of the citizen-led initiative gathered over 800,000 signatures — more than double the required threshold — and raised $32 million — 25 times more than opponents raised.
Proposition 139 became effective on November 25, 2024.
Many Restrictive Laws Remain—For Now
Lawsuit argues that several burdensome abortion restrictions, including a 24-hour waiting period, violate new state constitutional amendment.
Ongoing litigation will determine which pre-Proposition 139 restrictions remain enforceable. The Legislature may repeal some of these statutes, or lawsuits may be brought to have them declared unconstitutional. In the meantime, however, they remain on the books.
Privacy Protections Exist
No, unless you authorize the doctor or clinic to release that information to your spouse or partner. That decision is up to you—you are not legally required to tell your spouse or partner about your decision to seek abortion care.
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.
What to Do Next
Find an Abortion Provider
Contact Planned Parenthood Arizona at 855.207.PLAN (7526) or search the Abortion Finder directory.
If you believe you may need abortion care, you should contact a licensed medical professional as soon as possible to get answers to your questions and understand your treatment options.
Understand the 24-Hour Waiting Period
Plan for two visits: one for the required in-person counseling and ultrasound, then the procedure at least 24 hours later.
Get Financial Help if Needed
Contact the Tucson Abortion Support Collective (TASC) for assistance with costs, travel, lodging, and other needs.
💡 Pro Tip: If you’re under 18 and cannot get parental consent, start the judicial bypass process immediately by calling 844.868.2812. Judges typically grant these requests, but the process adds time—don’t wait until you’re further along in pregnancy.
Frequently Asked Questions
Can I travel to Arizona from another state for an abortion?
Yes, and many do. Abortion beyond 15 weeks of pregnancy is permitted, making Arizona more accessible than neighboring states with stricter bans.
What if I need an abortion after viability?
After viability, it is available based on a physician’s determination that it is necessary to protect the life or health of the pregnant person. This includes mental health.
Are there exceptions for rape or incest?
The current law doesn’t require these as justifications. Arizonans can access abortion care (including medication abortion) up to the point of “fetal viability” for any reason.
Can Arizona punish me for getting an abortion?
No. The Act also prevents the state from penalizing anyone, such as a relative or a doctor, who assists another person in exercising their right to abortion.
What about emergency contraception?
Legal. Arizona’s definition of “abortion” does not include birth control or emergency contraception like the “morning after” pill.
A new law allows pharmacists to provide contraceptives to patients who are 18 and older without a doctor’s prescription.
Can my employer find out I had an abortion?
Not directly. If you use insurance to pay for your visit, your spouse or partner may be able to see what services were performed on your billing or insurance paperwork. Talk to your provider if you have concerns.
Is abortion legal for sex-selective reasons?
No. Abortion for reasons of fetal race, sex or genetic abnormality is not permitted under Arizona law.
Take Action
If you need abortion care in Arizona, contact a licensed provider immediately. For official information, visit Arizona Reproductive Health or the Arizona Attorney General’s Abortion Laws page.
Need help understanding other constitutional rights? Learn about Your Rights When ICE Stops You for more on constitutional protections.
Disclaimer: This article provides general legal information about Arizona abortion laws, abortion access, and reproductive rights for informational purposes only. Arizona abortion laws may change over time and circumstances vary by individual situation. AllAboutLawyer.com does not provide legal advice or representation. For authoritative guidance on Arizona abortion laws, abortion access, reproductive rights, or Arizona’s legal system, consult a qualified Arizona attorney licensed to practice in Arizona, the Arizona Department of Health Services, state government resources, reproductive rights organizations, or healthcare providers.
Stay informed, stay protected. — AllAboutLawyer.com
Last Updated: February 7, 2026
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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