Wisconsin Abortion Law After the Landmark Court Ruling

Abortion is legal in Wisconsin before 20 weeks after fertilization, which is about 22 weeks from the last menstrual period. On July 2, 2025, the Wisconsin Supreme Court held in Kaul v. Urmanski that the 1849-era ban does not prohibit abortion, so the rules in Chapters 253 and 940 of the Wisconsin Statutes govern. Those rules include a 24-hour waiting period, an ultrasound, physician-only care, and written adult consent for minors who are not emancipated.

What Did the Wisconsin Supreme Court Decide in Kaul v. Urmanski?

The court decided that Kaul v. Urmanski, 2025 WI 32, left Wis. Stat. § 940.04(1) with no force against abortion. The 4-3 majority opinion, written by Justice Rebecca Dallet, found that about 50 years of later laws on where, when and how abortions may be performed replaced the old ban by implication. Justices Ziegler, Rebecca Grassl Bradley and Hagedorn dissented.

The road there was long. After the U.S. Supreme Court overturned Roe v. Wade in June 2022, Wisconsin providers stopped offering abortions because of the 1849 law, and care was unavailable for more than a year. In July 2023, Dane County Circuit Judge Diane Schlipper ruled that the old statute did not ban consensual abortion, and Planned Parenthood of Wisconsin resumed services in Madison and Milwaukee that September.

The Supreme Court’s decision rests on statutes, not the constitution. It does not hold that the Wisconsin Constitution protects abortion, and the court dismissed Planned Parenthood’s separate constitutional petition the same day in Planned Parenthood of Wisconsin v. Urmanski, 2025 WI 33. Section 940.04 remains printed in the statute book, but the court held it does not reach abortion.

Timeline of Wisconsin abortion law from the June 2022 Roe reversal to the September 2026 lawsuit

How Late Can You Get an Abortion in Wisconsin?

Wisconsin bars abortion at 20 or more weeks after fertilization unless a medical emergency exists. That limit is in Wis. Stat. § 253.107. Because the count starts at fertilization, not the last period, the cutoff lands near 22 weeks of pregnancy as clinics measure it, and independent clinics report a limit of 21 weeks and 6 days.

The medical emergency exception

A medical emergency is a condition that, in a physician’s reasonable judgment, requires an immediate abortion to avert death or serious, irreversible harm (Wis. Stat. § 253.10(2)). Before any abortion outside an emergency, the physician must determine the probable postfertilization age. When an emergency abortion happens at 20 weeks or later, the physician must use the method most likely to give the fetus a chance to survive, unless that method adds a greater risk of death or serious impairment to the patient.

The separate viability rule

Wis. Stat. § 940.15 covers abortion after viability, meaning a reasonable likelihood of sustained survival outside the womb in the attending physician’s judgment. An abortion after viability is allowed only to preserve the patient’s life or health, and it must be done in a hospital on an inpatient basis.

What Is the 24-Hour Waiting Period, Counseling and Ultrasound Rule?

Wisconsin requires a physician to give you state-mandated information in person at least 24 hours before an abortion, so care takes at least two visits. The rule is in Wis. Stat. § 253.10, and your consent is valid only if you give it in writing and freely, without pressure from anyone.

At the first visit, the physician must tell you your pregnancy’s age, the risks of the procedure, and where to get a free ultrasound. For a medication abortion, the physician must also tell you about the return visit 12 to 18 days later. A qualified assistant, such as a nurse, social worker or physician assistant, can cover the second set of information: Medicaid benefits for prenatal care, the father’s child-support duty, adoption and foster care options, and perinatal hospice.

You then sign a state form certifying you received the information, completed the ultrasound, were offered the state’s free printed materials, and had your questions answered. A clinic cannot require payment until at least 24 hours after these steps are met.

How the ultrasound works

The ultrasound can be done by the physician performing the abortion, a physician you choose, or a qualified person they arrange, and it can happen at a different location if that physician certifies it on the state form. During the scan the provider must explain orally what the images show. You do not have to look: no one may require you to view the images or the heartbeat, and you cannot be penalized for declining.

Exceptions to the wait and the ultrasound

Situation	24-hour wait	Ultrasound
Medical emergency	Waived	Waived, if the physician records the emergency condition
Sexual assault	May be waived	May be waived
Incest	May be shortened, never below 2 hours	Required

For the sexual assault and incest exceptions, you must state that the pregnancy resulted from the assault or incest and that it was reported to law enforcement. The physician must then confirm the report with law enforcement and note it in your record.

Diagram of Wisconsin's two-visit abortion process with a 24-hour wait between visits

What Are Wisconsin’s Rules for Medication Abortion and Who Can Provide Care?

Wisconsin requires a physician to examine you and be physically present in the room when you are given abortion pills, which rules out telehealth abortion from Wisconsin providers. That requirement is in Wis. Stat. § 253.105(2), and violating it is a Class I felony for the person who gave the drug, never for the patient.

The physician-only rule goes further. Under Wis. Stat. § 940.15(5), anyone who is not a physician commits a Class I felony by performing an abortion, so nurse practitioners, physician assistants and certified nurse-midwives cannot provide abortion care in the state.

Out-of-state telehealth and the federal mifepristone case

Some Wisconsin residents get pills by mail from providers in states with shield laws, which protect telehealth prescribers there. Wisconsin Public Radio, citing #WeCount data, reported that about one-third of Wisconsin abortions in the first half of 2025 involved pills ordered from such providers.

Federal litigation affects those mailed pills but not in-person clinics. On May 1, 2026, the Fifth Circuit stayed FDA rules that allow mail and pharmacy dispensing of mifepristone in Louisiana v. FDA, No. 26-30203. On May 14, 2026, the U.S. Supreme Court stayed that order in Danco Laboratories v. Louisiana, No. 25A1207, so the FDA’s 2023 rules stay in place while the appeal and any petition for review proceed. For another example of how courts and lawmakers have shaped access, see our guide to Ohio abortion laws.

What Are the Rules for Minors Seeking an Abortion in Wisconsin?

A minor who is not emancipated needs her own written consent plus written consent from one adult, under Wis. Stat. § 48.375. The adult can be a parent, a guardian or legal custodian, an adult family member who is at least 25 (such as a grandparent, aunt, uncle or sibling), or a foster parent who holds a signed waiver authorizing medical consent.

When consent is not required

The consent requirement does not apply in five situations:

A medical emergency that requires an immediate abortion.
A signed, dated statement from the minor that the pregnancy resulted from sexual assault, which the physician must report.
A written statement from a psychiatrist or psychologist that the minor is likely to attempt suicide rather than seek a court waiver or involve a consenting adult.
A signed statement that the pregnancy resulted from intercourse with a caregiver listed in the child-abuse reporting law.
A signed statement that a parent, guardian, adult family member or authorized foster parent abused her, which the physician must report.

Judicial bypass

A minor, or a member of the clergy on her behalf, can petition any Wisconsin court under Wis. Stat. § 48.257 to waive the consent requirement. The initial appearance happens in chambers on the filing date or the next calendar day, and the court must rule within 3 calendar days after that appearance unless the minor agrees to more time.

The judge must grant the petition if the minor is mature and well-informed enough to decide alone, or if the abortion is in her best interests. If the court misses its deadline, a reserve judge must decide within 2 calendar days of being assigned. Parents and other consenting adults cannot attend or give evidence, and the records are confidential.

Diagram of the three steps of Wisconsin's judicial bypass for minors

What Are the Penalties Under Wisconsin Abortion Law?

The penalties fall on providers, not patients. A Class I felony carries a fine of up to $10,000, up to 3 years and 6 months in prison, or both, under Wis. Stat. § 939.50(3)(i).

Violation	Statute	Penalty
Abortion after viability outside the life or health exception	§ 940.15(2)	Class I felony
Abortion at 20 weeks after fertilization or later, outside a medical emergency	§ 253.107(3)-(5)	Class I felony and civil lawsuits
Any abortion performed by a non-physician	§ 940.15(5)	Class I felony
Giving abortion pills without an exam and in-person presence	§ 253.105(2)-(3)	Class I felony and civil claims
Skipping the informed-consent steps	§ 253.10	$1,000 to $10,000 forfeiture and civil liability

Under § 253.107(5), the patient, and the father unless the pregnancy came from sexual assault or incest, can sue a provider who performs a prohibited later abortion for damages, including emotional distress, and attorney fees. The pregnant person is exempt from prosecution under Wis. Stat. §§ 940.15(7), 253.107(4) and 253.105(3).

Does Medicaid or Insurance Pay for an Abortion in Wisconsin?

Wisconsin Medicaid pays for an abortion only when the patient’s life is endangered or the pregnancy resulted from rape or incest. That limit comes from Wis. Stat. § 20.927. For the rape or incest exception, the physician must sign a statement on the Department of Health Services’ ForwardHealth Abortion Certification Statements form (F-01161) attesting to a belief that the assault or incest occurred, and the crime must have been reported to law enforcement.

The same exceptions apply to plans sold on the state’s health insurance exchange under Wis. Stat. § 632.8985 (2011 Wisconsin Act 218) and to state employee plans under Wis. Stat. § 40.56. If a plan does not cover the procedure, clinics quote self-pay prices, and the Wisconsin Abortion Fund, formerly the Women’s Medical Fund, helps pay for appointments, procedures and travel to Illinois or Minnesota.

Where Can You Get an Abortion in Wisconsin?

Abortion providers operate in only three of Wisconsin’s 72 counties: Dane, Milwaukee and Sheboygan. In Madison, Planned Parenthood of Wisconsin runs the Madison East Health Center. In Milwaukee, it runs the Water Street Health Center, and two independent clinics, Affiliated Medical Services and Care for All Community Clinic, also operate there. Both Madison and Milwaukee Planned Parenthood centers offer in-clinic and medication abortion, while its Sheboygan center offers medication abortion only. Appointments with Planned Parenthood of Wisconsin are available at its Wisconsin abortion page or by phone at 844-493-1052.

Care for All, which opened June 10, 2025, reports offering abortion through 21 weeks and 6 days and medication abortion through 11 weeks and 6 days. Gestational limits for pills vary by clinic, so ask when you book.

Access can shift with federal funding. A provision of the 2025 federal budget law barred Medicaid payments to certain abortion providers, and Planned Parenthood of Wisconsin paused abortions on October 1, 2025. It resumed on October 27, 2025, after giving up its Essential Community Provider designation, and for that month only the two Milwaukee independents provided abortions. The federal provision expired July 4, 2026.

Map of Wisconsin showing abortion providers in Dane, Milwaukee and Sheboygan counties

What Is the 2026 Lawsuit Challenging the Waiting Period?

On September 10, 2026, Planned Parenthood of Wisconsin filed Planned Parenthood of Wisconsin v. Ozanne in Dane County Circuit Court. It argues that the 24-hour waiting period and the physician-only rule violate the right to liberty in Article I, Section 1 of the Wisconsin Constitution. The defendants are Dane County District Attorney Ismael Ozanne, named as a representative of all district attorneys, the Medical Examining Board and the Board of Nursing.

The case asks a question the 2025 decision left open: whether the state constitution protects abortion. Until a court rules, both challenged rules are enforceable.

How Do Neighboring States Compare?

Neighboring states differ sharply from Wisconsin. Illinois imposes no waiting period, and Illinois and Minnesota both protect abortion access and have providers who treat Wisconsin patients. In Michigan, a Court of Claims judge struck down the 24-hour wait, the counseling requirements and the physician-only rule on May 13, 2025, citing the state’s 2022 constitutional amendment. Courts and voters have shaped abortion access differently in each state, as our overview of Michigan abortion laws shows.

Iowa is the outlier. Iowa Code chapter 146E bars most abortions once a fetal heartbeat is detected, with exceptions for medical emergencies, rape reported within 45 days, incest reported within 140 days, miscarriage, and fatal fetal abnormality.

How Do You Get an Abortion in Wisconsin, Step by Step?

Call a clinic and ask about gestational limits, pill or in-clinic options, price, and any abortion fund that can help.
Attend the first visit, where a physician gives the state-required information in person, you have the ultrasound, and you sign the state consent form.
Wait at least 24 hours, unless an exception in the table above applies.
Return for the procedure. For pills, a physician must be in the room when you take the first drug, and you return 12 to 18 days later for a follow-up.
If you are under 18 and not emancipated, bring written consent from a qualifying adult or a court order from the bypass process.

Bring a photo ID, payment or fund confirmation, and any consent paperwork. You can have a person you choose with you for private counseling.

Frequently Asked Questions

Is abortion legal in Wisconsin?

Yes. Abortion is legal before 20 weeks after fertilization under Wis. Stat. § 253.107, with a medical emergency exception after that point.

Do I need parental consent if I am under 18?

Yes, unless you are emancipated or an exception applies. You need written consent from a parent, guardian, qualifying adult family member or authorized foster parent, or a judicial bypass under Wis. Stat. § 48.375.

Can I get abortion pills by mail in Wisconsin?

Not from a Wisconsin provider, because a physician must be physically present when you are given the pills. Some out-of-state telehealth providers mail pills to Wisconsin addresses, and the U.S. Supreme Court’s May 14, 2026 stay kept the FDA rules allowing mail dispensing in place while the federal appeal continues.

Will I be prosecuted for having an abortion?

No. Wis. Stat. §§ 940.15(7), 253.107(4) and 253.105(3) exempt the pregnant person from penalties. The criminal and civil exposure falls on providers who break the rules.

Does Medicaid cover abortion in Wisconsin?

Only when the patient’s life is endangered or the pregnancy resulted from rape or incest, under Wis. Stat. § 20.927. Marketplace plans and state employee plans follow the same limits.