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

Expanded Access

Illinois

Abortion remains legal in Illinois. In 2019, the Illinois legislature enacted a law establishing abortion as a fundamental right. The Illinois Supreme Court has also recognized the right to abortion under the state constitution.

State Legal Details

Bans in Effect

  • Gestational Ban, Viability

Restrictions in Effect

  • TRAP requirements: Providers, Reporting Requirement

State Protections

In 2019, Illinois enshrined abortion as a fundamental right under state law.1 The law provides:

(a) Every individual has a fundamental right to make autonomous decisions about the individual’s own reproductive health, including the fundamental right to use or refuse reproductive health care. (b) Every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth or to have an abortion, and to make autonomous decisions about how to exercise that right. (c) A fertilized egg, embryo, or fetus does not have independent rights under the laws of this State.

Illinois law authorizes physicians, advanced practice registered nurses (APRNs), and physician assistants to provide abortion care consistent with their scope of practice.2 Illinois’s interstate shield laws protect providers, patients, and people who help others access abortion and gender affirming care from out-of-state investigations and legal actions. 3

Illinois permits public funding for abortions and also requires private insurance plans to cover abortion care.4The state requires hospitals to provide emergency abortion care when medically necessary and authorizes state agencies to hold hospitals accountable for denying such care.5 Illinois law also prohibits anti-abortion centers from using deceptive or misleading practices to interfere with access to abortion or emergency contraception.6

In 2025, Illinois enacted legislation aimed at preserving access to abortion medications even in the event of federal rollbacks.7 Beginning in the 2025-2026 school year, the state will require that public colleges and universities with on-campus pharmacies or student health centers must offer students access to contraception and medication abortion.8

Illinois also prohibits discrimination based on reproductive health decisions, including abortion care, in employment, housing, credit, and public accomodations.9

Restrictions

Illinois law generally prohibits abortion after viability.10 Abortions after fetal viability are permitted when necessary to protect the life or health of the patient.11 When assessing a patient’s health, healthcare providers may consider any relevant factors, including physical, emotional, psychological, familial health, and the patient’s age.12

Illinois has reporting requirements, but these reports do not request or require information that identifies a patient or include identifying patient or health care professional information.13

Historical Restrictions

Illinois repealed its pre-Roe ban in 1973.14 In 2019, the legislature also repealed language in Illinois law that expressed the desire to prohibit abortion if Roe is overturned.15

Conclusion

Now that the Supreme Court has overturned Roe, abortion remains legal in Illinois. In 2019, Illinois enacted comprehensive abortion rights legislation. Since then, Illinois has expanded protections for patients and providers, including shielding them from out-of-state legal actions and ensuring access to emergency abortion care. The Illinois Supreme Court has also recognized the right to abortion under the state constitution.

  1. 7775 Ill. Comp. Stat. § 55/1-15. In 2013, the Illinois Supreme Court held that the state constitution’s due process clause provided protections for abortion equivalent to those provided under the U.S. constitution. See Hope Clinic for Women, Ltd. v. Flores, 991 N.E.2d 745, 760 (Ill. 2013). Although the U.S. Supreme Court later eliminated federal constitutional protections for abortion in Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022), Illinois preserved access by codifying abortion rights through state legislation. ↩︎
  2. 775 Ill. Comp. Stat. §§ 55/1-25(a), 55/1-10. Illinois repealed its physician-only requirement provisions in 2019. See Ill. Pub. Act 101-13 (eff. June 12, 2019). ↩︎
  3. 735 Ill. Comp. Stat. § 40/28-11, 725 Ill. Comp. Stat. § 225/6. In 2025, Illinois expanded its shield law protections to protect additional healthcare providers, including licensed professional midwives, as well as drug wholesalers. See Ill. Pub. Act 104-0432 (eff. Jan. 1, 2026) (codified in various sections of Ill. Comp. Stat.). ↩︎
  4. Ill. Pub. Act 100-0538, § 5 (eff. Sept. 28, 2017) (amending 305 Ill. Comp. Stat. § 5/5-5 to remove “a provision excluding abortions or induced miscarriages or premature births from the list of services provided under the State’s medical assistance program”); 215 Ill. Comp. Stat. § 5/356z.4a. ↩︎
  5. 210 Ill. Comp. Stat. §§ 80/1, 80/2, 80/2.1. ↩︎
  6. 815 Ill. Comp. Stat. § 505/2BBBB. ↩︎
  7. 410 Ill. Comp. Stat. § 620/14-15. ↩︎
  8. 110 Ill. Comp. Stat. §§ 167/5, 167/19, 167/20. ↩︎
  9. 775 Ill. Comp. Stat. §§ 5/1-102, 5/1-103(O-2). ↩︎
  10. 775 Ill. Comp. Stat. §§ 55/1-25(a), 55/1-10 (“‘Fetal viability’ means that, in the professional judgment of the attending health care professional, based on the particular facts of the case, there is a significant likelihood of a fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.”). ↩︎
  11. 775 Ill. Comp. Stat. §§ 55/1-25(a), 55/1-10. ↩︎
  12. 775 Ill. Comp. Stat. §§ 55/1-25(a), 55/1-10. ↩︎
  13. 775 Ill. Comp. Stat. § 55/1-25(b)–(c); Ill. Admin. Code 77, § 505.40. ↩︎
  14. See 1973 Ill. Laws 692–695; see also People v. Frey, 294 N.E.2d 257, 259 (Ill. 1973). ↩︎
  15. Ill. Pub. Act 100-0538, § 20 (eff. Jan. 1, 2018) (amending 720 Ill. Comp. Stat. § 510/1). ↩︎