Can You Get an Abortion in Wisconsin? Limits, Waiting Period, and Costs

Abortion is legal in Wisconsin. Under current abortion laws in Wisconsin, a licensed physician can perform the procedure up to 20 weeks postfertilization, but you must first attend an in-person counseling appointment, receive an ultrasound, and wait at least 24 hours before the abortion takes place. In July 2025, the Wisconsin Supreme Court confirmed in Kaul v. Urmanski that the state’s 1849 criminal statute does not prohibit abortion, ending years of uncertainty that followed the reversal of Roe v. Wade.¹

How Late in Pregnancy You Can Get an Abortion

Two statutes set the ceiling. Wisconsin Statute 253.107 bars abortion once the pregnancy reaches 20 weeks postfertilization, which is roughly 22 weeks from the last menstrual period. The only exception is a medical emergency that requires immediate termination to prevent the patient’s death.²

A separate statute, Wisconsin Statute 940.15, prohibits abortion after fetal viability (generally 23 to 24 weeks) with a broader exception for the life or health of the woman. Because the 20-week ban applies earlier and has a narrower exception, it is the deadline that matters in practice.³

Only licensed physicians may perform abortions in Wisconsin. Anyone else who does so commits a felony regardless of how early in the pregnancy the procedure occurs.³

The Two-Visit Process: Counseling, Ultrasound, and 24-Hour Wait

Wisconsin Statute 253.10 requires a specific sequence before any abortion. Plan on at least two trips to the provider.

At the first visit, a physician must meet with you in person, at least 24 hours before the procedure, and orally provide a specific set of information: the probable gestational age of the pregnancy, the medical risks of the abortion method being used, the availability of public assistance for prenatal care and childbirth, your legal right to continue the pregnancy, and the fact that the father is financially responsible for child support if the pregnancy is carried to term.⁴

An ultrasound is also required unless a medical emergency makes it impractical. The provider must perform the scan, offer a verbal description of what it shows, display the images so you can view them, and provide a way to see any detectable fetal heartbeat. You can decline to look at the images or hear the heartbeat, and there is no penalty for doing so.⁵

The counseling appointment cannot happen by phone or video. Telehealth does not satisfy this requirement, so patients who live far from a clinic have to travel twice. The counseling and waiting period are waived in cases of rape, incest, or a medical emergency.²

Medication Abortion Requires In-Person Care

Medication abortion is available in Wisconsin, but it is not a telehealth service. Under Wisconsin Statute 253.105, the prescribing physician must first perform a physical exam, and the physician must be physically present in the room when the abortion-inducing drug is given to the patient.⁶

You cannot get abortion pills through a virtual visit or pick them up at a pharmacy on a mailed prescription. Even a medication abortion in Wisconsin involves multiple in-person appointments with a physician.

If You Are Under 18

A patient under 18 who has not been legally emancipated needs written consent from a parent, guardian, legal custodian, adult family member, or a foster parent whose parent has signed a waiver granting that authority. Both the minor and the consenting adult must provide voluntary, informed written consent.⁷

A minor who cannot or does not want to obtain that consent can petition any circuit court for a judicial bypass, and a member of the clergy may file the petition on her behalf. The court looks at whether the minor is mature enough to make the decision on her own, or whether the abortion is in her best interests. Proceedings are confidential, though the process adds time to a decision that is already time-limited.⁷

Medical Emergencies and Fetal Anomalies

Every Wisconsin abortion restriction includes an exception tied to the life of the pregnant person. The 20-week ban allows abortion in a medical emergency that threatens the patient’s death. The post-viability ban has a somewhat broader exception, permitting abortion to preserve the life or health of the woman based on the attending physician’s reasonable medical judgment.³

Wisconsin law does not include an explicit exception for fatal fetal anomalies. A diagnosis of a condition incompatible with survival after birth does not, on its own, qualify as a medical emergency under the statutes.

Federal law provides a separate protection. The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments to stabilize patients experiencing a medical emergency, including abortion care when that is the medically necessary treatment. In June 2025, the Wisconsin Department of Health Services confirmed that hospitals must provide emergency abortion care under EMTALA regardless of state law.⁸

What It Costs and What Insurance Covers

Wisconsin’s Medicaid program, BadgerCare Plus, covers abortion only in limited circumstances: when the procedure is necessary to save the patient’s life, when the pregnancy resulted from incest or sexual assault (which must be reported to police), or when the pregnancy will cause serious harm to the patient’s physical health. A signed written statement from a physician is required.⁹

State employee health plans, as well as plans offered by counties, school districts, and other governmental units through the Group Insurance Board, are prohibited from covering abortion. Private insurance coverage varies by plan. For patients paying out of pocket, first-trimester abortion costs nationally range from several hundred to over a thousand dollars depending on the method and provider, and costs rise at later gestational ages.

Who Faces Penalties

Wisconsin’s abortion penalties apply to providers, not patients. The statutes are explicit that a woman who obtains an abortion cannot be penalized.⁵

Providers face different consequences depending on which rule is broken. Performing an abortion after viability without a qualifying medical reason, or performing one without a medical license, is a Class E felony under Wisconsin Statute 940.15.³ Performing an abortion after 20 weeks postfertilization outside the medical emergency exception is a Class I felony, punishable by up to three and a half years in prison, a fine of up to $10,000, or both.¹⁰ Skipping the counseling, ultrasound, or waiting period requirements carries a civil forfeiture of $1,000 to $10,000 rather than a criminal charge.⁵

1
Wisconsin Court System. Kaul v. Urmanski, 2025 WI 32
2
Wisconsin State Legislature. Key Abortion Restrictions in Wisconsin
3
Wisconsin State Legislature. Wisconsin Statutes 940.15 – Abortion
4
Wisconsin State Legislature. Wisconsin Code 253.10 – Voluntary and Informed Consent for Abortions
5
Wisconsin State Legislature. Wisconsin Statutes 253.10 – Voluntary and Informed Consent for Abortions
6
Wisconsin State Legislature. Wisconsin Statutes 253.105 – Use of Abortion-Inducing Drug
7
Wisconsin State Legislature. Wisconsin Code 48.375 – Parental Consent Required Prior to Abortion; Judicial Waiver Procedure
8
Wisconsin Department of Health Services. Pregnant Wisconsinites Are Ensured Lifesaving Care
9
Wisconsin Department of Health Services. ForwardHealth – Limited Abortion Coverage
10
Wisconsin State Legislature. Wisconsin Statutes 939.50 – Classification of Felonies