Late-Term Abortion Laws in Wisconsin

1. What is the definition of a late-term abortion in Wisconsin?


In Wisconsin, a late-term abortion is defined as an abortion performed after the twentieth week of gestation. The state also categorizes abortions performed at or after the twenty-fourth week, regardless of whether they are performed for medical reasons, as late-term abortions.

2. What are the time limits for late-term abortions in Wisconsin?


The time limit for late-term abortions in Wisconsin is 24 weeks, which is the earliest point at which a fetus is viable according to medical standards. However, abortions are only allowed during this period if it is necessary for the physical or mental health of the pregnant woman or if the fetus has a lethal anomaly.

3. Does Wisconsin allow for late-term abortions due to fetal anomalies?


Yes, Wisconsin does allow for late-term abortions due to fetal anomalies. The state’s law allows for abortions to be performed after the 24th week of pregnancy if the fetus has been diagnosed with a “serious medical condition.”

4. Does Wisconsin permit Medicaid funding for late-term abortions?


No, Wisconsin does not permit Medicaid funding for late-term abortions.

5. Does Wisconsin require parental consent or notification for minors seeking a late-term abortion?


No. Because Wisconsin does not have any laws that specifically address late-term abortions, there is no requirement for parental consent or notification. However, minors may be required to obtain the consent of their parent or guardian in order to receive other types of medical care.

6. Does Wisconsin provide exceptions to the time limits for late-term abortions in cases of rape or incest?


Yes, Wisconsin does provide exceptions to the time limits for late-term abortions in cases of rape or incest. According to Wisconsin law, a physician may perform a late-term abortion if it is necessary to protect the health or life of the pregnant woman or if the pregnancy is the result of sexual assault or incest.

7. Does Wisconsin require doctors to perform a medical test to determine gestational age before a late-term abortion?


No, Wisconsin does not require doctors to perform a medical test to determine gestational age before a late-term abortion. The state does, however, require the gestational age of the fetus to be established by a physician before any abortion is performed.

8. Does Wisconsin require written informed consent from the patient prior to a late-term abortion?


No, Wisconsin does not require written informed consent from the patient prior to a late-term abortion. However, Wisconsin does require that all patients be provided with information about the risks and alternatives associated with the procedure, and that they consent to the abortion verbally before it is performed.

9. Does Wisconsin restrict the use of certain methods for performing late-term abortions?


Yes, Wisconsin does restrict the use of certain methods for performing late-term abortions. The state requires that any procedure performed after 20 weeks gestation must be done in a manner that is intended to provide the best opportunity for the fetus to be born alive, if it is viable. This includes the use of digital dilatation and evacuation, induction of labor, or any other method that can be used to cause the fetus to be expelled alive.

10. Are there any restrictions on public funding for late-term abortions in Wisconsin?


Yes, there are restrictions on public funding for late-term abortions in Wisconsin. The state only allows Medicaid funding for late-term abortions in cases of medical necessity, rape, or incest. The state also requires women to receive state-directed counseling and wait 24 hours before receiving an abortion.

11. How much do late-term abortions typically cost in Wisconsin?


The cost of a late-term abortion in Wisconsin can vary significantly depending on which clinic is used, the complexity of the procedure, and individual patient circumstances. Generally speaking, the procedure can cost anywhere from $1,500 to more than $10,000.

12. Are there any special requirements for facilities that perform late-term abortions in Wisconsin?


Wisconsin has no specific requirements for facilities that perform late-term abortions. Any physician who meets the requirements to practice medicine in Wisconsin may perform an abortion, regardless of the gestation of the fetus.

13. Are there any insurance plans available in Wisconsin that cover the cost of a late-term abortion?


No. Currently, there are no insurance plans available in Wisconsin that cover the cost of a late-term abortion. Abortion is not covered by any public funding sources in Wisconsin, including Medicaid, the state Children’s Health Insurance Program (CHIP), and the state Employee Health Plan.

14. Does Wisconsin allow for pre-abortion counseling regarding the risks associated with a late-term abortion procedure?


No, Wisconsin does not require pre-abortion counseling regarding the risks associated with a late-term abortion procedure. However, prior to obtaining an abortion at any stage of pregnancy, prospective patients must receive in-person counseling regarding the procedure, alternatives to abortion, and other information related to the decision to terminate a pregnancy.

15. What are the criminal penalties for performing a late-term abortion in Wisconsin without meeting legal requirements?


In Wisconsin, performing a late-term abortion without meeting legal requirements is considered a Class H felony and can be punishable by up to six years in prison and a fine of up to $10,000.

16. Are there any laws regarding the disposal of fetal remains after a late-term abortion in Wisconsin?


Wisconsin does not have any laws regarding the disposal of fetal remains after a late-term abortion. The regulations for the disposal of fetal remains after a first trimester abortion are covered under Wisconsin Administrative Code DHS 95.18.

17. Does Wisconsin prohibit health care providers from refusing to perform or refer for a late-term abortion due to moral or religious beliefs?


Yes, Wisconsin law prohibits health care providers from refusing to perform or refer for a late-term abortion due to moral or religious beliefs.

18. Are there any restrictions on who can provide information about obtaining a late-term abortion in Wisconsin?


Yes, there are restrictions on who can provide information about obtaining a late-term abortion in Wisconsin. Physicians must be licensed and practicing in Wisconsin, and performing the abortion must have admitting privileges at a hospital within 30 miles of where the abortion is occurring. Physicians must also provide patients with information regarding the risks of abortion and alternatives to abortion, and must obtain informed consent prior to performing an abortion.

19. Does Wisconsin place any restrictions on advertising regarding late-term abortion services?


Yes, Wisconsin has some restrictions on advertising regarding late-term abortion services. According to the Wisconsin Department of Health Services, “Advertising of late-term abortion services must clearly state the medical indications and the gestational age limitations in both print and electronic media.”

20. Is there any legal recourse available for women who experience complications after undergoing a late-term abortion in Wisconsin?


Yes, complications from a late-term abortion in Wisconsin may be grounds for legal recourse. Women can file a medical malpractice claim against the health care provider responsible for the procedure. They may also be able to pursue a legal action for negligence or civil rights violations. Additionally, victims of medical negligence may be able to file a wrongful death claim if the complication leads to the death of the woman. Additionally, there are organizations in Wisconsin that offer free legal and counseling services to women who have experienced late-term abortion complications.