In Hawaii
After Roe in Hawaii, abortion is legal before the unborn baby is considered viable. Hear from Hawaii Family Forum about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s post-Roe abortion laws.
After Roe, states have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!
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THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Hawaii allows most abortions; Hawaii state law establishes an affirmative right to abortion. Haw. Rev. Stat. § 453-16(b).
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Hawaii has three immediate priorities now that Roe is overturned:
- Enforcing current state law reporting mandates for fetal deaths;
- Protecting and supporting pregnancy centers;
- Protecting and supporting foster parenting.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws are be in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Abortions are prohibited post-viability. Haw. Rev. Stat. § 453-16(b), (d).
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Abortions are permitted post-viability when done to save the life or health of the mother. Haw. Rev. Stat. § 453-16(b).
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
Violations of the post-viability ban incur a fine of up to $500 or imprisonment for not more than six months. Haw. Rev. Stat. Ann. § 453-13. Persons who are licensed in naturopathy, but who are not a physician, may lose their license if they perform an abortion. Haw. Rev. Stat. § 455-11(a)(2).
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The law provides no cause of action.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
No, and notice to the parents from the abortion providers is only optional as well. Haw. Rev. Stat. § 577A-2.
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes. No person or hospital shall be required to perform an abortion. Haw. Rev. Stat. § 453-16(c).
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
No, but the Senate recently passed a bill which would provide protections for babies born alive during attempted abortions. S.B. 266, 32nd Reg. Sess. (Haw. 2023).
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
One does not have to be a physician to perform a chemical abortion or an abortion by aspiration in the first trimester of pregnancy, but one must be a physician for all other abortion procedures. Haw. Rev. Stat. § 453-16(1); HB576 (signed April 12, 2021). Registered nurses may also provide certain abortion care during the first trimester. Haw. Rev. Stat. § 457-8.7.
Informed consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Counseling for minors is optional, not required. Haw. Rev. Stat. § 577A-3.
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
No.