After Roe Fell: U.S. Abortion Laws by State

Expanded Access

Hawaii

Abortion remains legal in Hawaii. Hawaii has legalized abortion, and the state has enacted additional laws to expand access to abortion.

State Legal Details

Bans in Effect

  • Gestational Ban, Viability

State Protections

Hawaii legalized abortion March 11, 1970,1 and Hawaii law includes express statutory protections for abortion.2 In addition, the Hawaii Constitution contains a right to privacy, which may provide additional protections for abortion.3 The state provides public funding for abortion care.4

Hawaii prohibits state agencies from cooperating with out-of-state investigations5 and shields providers, patients, and people who help others access abortion from professional licensure consequences6 and the reach of out-of-state investigations7 and legal actions.8 Further, on October 11, 2022, the Hawaii governor issued an executive order that 1) prohibits executive departments and agencies from providing information or cooperating with criminal or civil investigations and legal actions (including extradition) undertaken by other states based on the lawful provision of abortion in Hawaii.9 Minors above the age of 14 may consent to an abortion without the consent of a parent or guardian.10

Restrictions

Hawaii law allows abortion until viability.11 Licensed physicians, surgeons, physician assistants, and advanced practice registered nurses to provide surgical abortion and medication abortion care.12

Historical Restrictions

Hawaii does not have a pre-Roe ban, as the state legalized abortion on March 11, 1970.13

Conclusion

Now that the Supreme Court has overturned Roe, abortion remains legal in Hawaii. Hawaii has legalized abortion, and the state has enacted additional laws to expand access to abortion.

  1. 1970 Haw. Sess. Laws, Act 1, § 2; Haw. Rev. Stat. § 453-16. ↩︎
  2. Haw. Rev. Stat. §§ 453-16(b)(12); 457-8.7(b)(2) (both statutes have exceptions for when the termination is necessary to protect the life or health of the pregnant person). ↩︎
  3. Haw. Const. art. I, § 6. ↩︎
  4. State of Hawaii, Medicaid Provider Manual, ch. 6 (Oct. 2002, rev’d Jan. 2011), https://medquest.hawaii.gov/content/dam/formsanddocuments/resources/Provider-Resources/provider-manuals/PMChp06.pdf. ↩︎
  5. Haw. Rev. Stat. §§ 323J-4 (barring state agency/employee assistance); 323J-5 (prohibits state investigation into pregnancy outcomes). ↩︎
  6. Haw. Rev. Stat. §§ 453-8; 457-12; 461-21. ↩︎
  7. Haw. Rev. Stat. §§ 323J-6; 636C-9 (bars the application of out-of-state laws for reproductive health care); 836-2 (governs issuance of summons). ↩︎
  8. Haw. Rev. Stat. §§ 323J-3 (governs issuance of subpoenas); 836-2 (governs issuance of summons). ↩︎
  9. Haw. Exec. Order No. 22-05 (Oct. 11, 2022). ↩︎
  10. Haw. Rev. Stat. §§ 577A-1; 577A-2. ↩︎
  11. Haw. Rev. Stat. § 453-16 (abortion defined as “intentional termination of the pregnancy of a nonviable fetus”). ↩︎
  12. Haw. Rev. Stat. §§ 453-16(a); 457-8.7. ↩︎
  13. 1970 Haw. Sess. Laws, Act 1, § 2; Haw. Rev. Stat. § 453-16. ↩︎