State Abortion Laws in Hawaii

1. How accessible is abortion in Hawaii?


Abortion is generally accessible in Hawaii. It is legal during the first 28 weeks of pregnancy, and minors can obtain an abortion without parental consent. However, Hawaii does have certain restrictions in place, such as a 24-hour waiting period and the requirement that the abortion procedure be performed by a licensed physician.

2. What is the legal gestational limit for abortion in Hawaii?


In Hawaii, abortions can be performed at any stage of pregnancy until the fetus is considered viable, which is typically around 24 weeks.

3. Does Hawaii require parental involvement for minors seeking an abortion?


Yes, Hawaii requires parental involvement for minors seeking an abortion. A minor must obtain consent from a parent or guardian before getting an abortion.

4. Does Hawaii mandate waiting periods before an abortion?


No, Hawaii does not mandate a waiting period before an abortion.

5. Does Hawaii require the disclosure of any information prior to an abortion?


Yes. Hawaii requires that a healthcare provider must inform a patient of the risks and alternatives to abortion at least 24 hours prior to the procedure. This information must also include an ultrasound image, if available, and a description of the fetus.

6. Does Hawaii provide public funding for abortion services?


No, Hawaii does not provide public funding for abortion services. The state does not allow the use of public funds for abortion services except in cases of medical emergency or when required by federal law.

7. Are there any exceptions to the gestational limit in Hawaii?


Yes. In Hawaii, there are exceptions to the gestational limit on abortion. For example, if the mother’s life or health is threatened by continuing the pregnancy, or if the fetus has a severe fetal anomaly, abortion after 24 weeks gestation may be legally allowed.

8. Can a physician or medical facility refuse to provide abortion services in Hawaii?


Yes, a physician or medical facility can refuse to provide abortion services in Hawaii. Under the Hawaii Revised Statutes, abortion providers may refuse to perform an abortion if it violates their conscience or ethical principles.

9. Are there any laws related to medication or surgical abortions in Hawaii?


In Hawaii, a woman is legally allowed to have an abortion performed by a licensed physician within 20 weeks gestation. The woman must first receive counseling and obtain parental consent if she is a minor. The abortion procedure must be performed in a licensed medical facility. Additionally, certain restrictions may apply to the use of public funds for the payment of abortion services.

10. Is informed consent required by providers before performing an abortion in Hawaii?


Yes, informed consent is required by providers before performing an abortion in Hawaii. The law requires that the patient be given information regarding the risks and benefits of the procedure, alternatives available to them, and a 24-hour waiting period before the procedure can be performed.

11. Does Hawaii allow for the provision of telemedicine abortion services?


Yes, Hawaii does allow for the provision of telemedicine abortion services. In 2020, the Hawaii State Legislature passed a bill that removed a previous blanket ban on telemedicine abortions. The bill also allowed for telemedicine visits for other reproductive health services such as birth control and STI testing.

12. Are specific medical facilities required to provide abortions in Hawaii?


Yes. Hawaii’s Department of Health requires licensed medical care facilities to provide abortion services upon request, as long as the facility is in compliance with the law.

13. Does Hawaii have any regulations regarding the provision of post-abortion care?


Yes, Hawaii has several regulations regarding the provision of post-abortion care. These regulations include:

1. All healthcare providers offering post-abortion care must ensure that the care is provided in a nonjudgmental manner and in a way that is respectful of the patient’s autonomy.

2. Healthcare providers must ensure that patients are provided with accurate and up-to-date information about their options for post-abortion care and that they receive counseling about the potential risks and complications associated with post-abortion care.

3. All healthcare facilities providing post-abortion care must have a written policy regarding the provision of post-abortion care, which must be readily available to all staff members.

4. All healthcare facilities must ensure that patients are provided with referrals for follow-up visits and support services if necessary.

5. Healthcare providers must ensure that all patients seeking post-abortion care are treated in a timely manner and receive appropriate follow-up care as specified in the patient’s medical record.

6. Healthcare providers must ensure that all patient records related to post-abortion care are kept confidential and secure at all times.

14. Does Hawaii have any restrictions on abortion protestors near clinics or medical facilities providing abortions?


Yes. Hawaii law makes it illegal to “physically obstruct, harass, intimidate or interfere with any person seeking to obtain services” at a medical facility providing abortions. This includes protesting, picketing, and physically approaching a person for the purpose of dissuading them from obtaining services.

15. Can health insurance plans cover abortion services in Hawaii?


Yes, health insurance plans in Hawaii are required to cover abortion services. The Hawaii Department of Commerce and Consumer Affairs mandates that all health insurance policies issued in the state must cover medically-necessary abortions.

16. Are there any requirements for the disposal of fetal tissue after an abortion in Hawaii?


Yes, fetal tissue must be disposed of in accordance with the Hawaii Department of Health’s “Disposition of Fetal Remains Following Abortion” regulations. These regulations require that fetal tissue be placed in a suitable container and disposed of by cremation or burial.

17. How are fetal remains handled after an abortion in Hawaii?


In Hawaii, fetal remains resulting from abortions must be disposed of in a dignified manner and in a manner that is consistent with customary medical practice. This could include cremation, interment, or medical waste disposal. The law also requires that the remains be disposed of within one business day of the abortion procedure. The abortion provider is responsible for ensuring that the fetal remains are disposed of in an appropriate manner.

18. Does Hawaii recognize gestational and fetal age based on ultrasound measurements?


Yes, Hawaii does recognize gestational and fetal age based on ultrasound measurements. The Hawaii Department of Health’s Prenatal Screening Program states that “ultrasound is the most accurate method of determining fetal age.”

19. Are there any laws related to informed consent for minors seeking an abortion in Hawaii?


Yes, there are laws related to informed consent for minors seeking an abortion in Hawaii. A minor must have the consent of one parent or guardian before they can obtain an abortion. If a minor is unable to obtain such consent, they can petition the court for a waiver. Additionally, minors must be counseled by either a licensed physician or a qualified counselor regarding the medical, emotional, and psychological risks associated with the procedure.

20. Is there a judicial bypass process to allow minors to obtain an abortion without parental consent in Hawaii?


Yes, Hawaii does allow minors to access an abortion without parental consent through a judicial bypass process. In Hawaii, minors can petition the court for permission to terminate a pregnancy without parental consent. Minors are required to attend a hearing with a judge, but may be represented by counsel if desired. The petition must be filed in the family court of the minor’s county of residence. The judge will review the petition and make a determination if the minor is mature enough to make their own decision regarding the abortion. There are no set guidelines for determining maturity, however, judges will consider factors such as the minor’s maturity level, understanding of the procedure, and ability to make an informed decision.