Restrictions

Hawaii law allows abortion until viability.^[1]HAW. REV. STAT. § 453-16(b).

Hawaii law allows licensed physicians, physician assistants, and advanced practice registered nurses to provide surgical abortion and medication abortion care.^[2]S.B. 1, Gen. Assemb. Reg. Sess. (Haw. 2023); HAW. REV. STAT. § 457-8.7.

State Protections

Hawaii law includes express statutory protections for abortion.^[3]HAW. REV. STAT. § 453-16(c). In addition, the Hawaii Constitution contains a right to privacy, which may provide additional protections for abortion.^[4]HAW. CON. art. I, § 6. The state provides public funding for abortion care.^[5]STATE OF HAWAII. Medicaid Provider Manual, ch. 6 (Oct. 2002, revised Jan. 2011) 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 and 2) requires the state Department of Commerce to consider implementing policies that will protect abortion providers from out-of-state. ^[6]Haw. Exec. Order No. 22-05 (Oct. 11, 2022). On March 22, 2023, Hawaii codified the prohibition on state agencies cooperating with out-of-state investigations and enacted statutory protections shielding providers, patients, and people who help others access abortion from professional licensure consequences and the reach of out-of-state investigations and legal action. ^[7]S.B. 1, Gen. Assemb. Reg. Sess. (Haw. 2023).

Post-Roe Prohibitions

Hawaii does not have a pre-Roe ban, as the state legalized abortion on March 11, 1970.^[8]1970 Haw. Sess. Laws, Act. 1, § 2; Haw. Rev. Stat. § 453-16 (Supp. 1971).

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Hawaii. Three years before Roe, Hawaii legalized abortion, and the state has enacted additional laws to expand access to abortion.