Is Abortion Legal in Wisconsin
Yes, abortion is legal in Wisconsin until 20 weeks after fertilization, which is about 22 weeks of pregnancy. After that point, state law allows an abortion only in a medical emergency. A provider who breaks the limit commits a felony, and the law bars any penalty against the patient (Wis. Stat. 253.107).
Key facts
- The Wisconsin Supreme Court ruled 4-3 on July 2, 2025 that the state’s 1849 law does not ban abortion (NPR).
- A physician must give required information in person at least 24 hours before an abortion (Wis. Stat. 253.10).
- Abortion pills must be given with the physician in the room, so telehealth abortion is not allowed (Wis. Stat. 253.105).
- The court did not decide whether the state constitution protects abortion.
Our abortion laws by state page compares Wisconsin with every other state.
The Ruling on Wisconsin’s 1849 Abortion Law
After the U.S. Supreme Court overturned Roe v. Wade in June 2022, providers in Wisconsin stopped offering abortions because of an 1849 law. Attorney General Josh Kaul sued that month, arguing the old law did not ban abortion. A trial court agreed in December 2023, and abortions resumed (NPR).
- Providers stop abortions Roe v. Wade is overturned, and the attorney general sues over the 1849 law.
- Trial court rules The court finds the 1849 law does not ban abortion, and abortions resume.
- Supreme Court rules 4-3 Later laws "functionally repealed" the 1849 ban; a separate constitutional case is dismissed.
Source: NPR, July 2, 2025.
Wisconsin's 1849 abortion law in court: June 2022: Providers stop abortions (Roe v. Wade is overturned, and the attorney general sues over the 1849 law.). Dec. 2023: Trial court rules (The court finds the 1849 law does not ban abortion, and abortions resume.). July 2025: Supreme Court rules 4-3 (Later laws "functionally repealed" the 1849 ban; a separate constitutional case is dismissed.).
On July 2, 2025, the Wisconsin Supreme Court ruled 4-3 that the Legislature had functionally repealed the 1849 law. The majority wrote that 50 years of later laws regulating “the ‘who, what, where, when, and how’ of abortion” were meant to replace the near-total ban. In dissent, Justice Annette Ziegler wrote that the majority “picks and chooses which abortion statutes remain in force” (NPR).
Wisconsin Abortion Rules That Still Apply
Several state laws shape how and when a person can get an abortion in Wisconsin. Each one was in effect when we checked the statutes on October 3, 2026.
Wisconsin abortion rules in effect
Source: Wisconsin Statutes, read October 3, 2026
Because the required information must come in person a day ahead, a patient usually makes two visits at least 24 hours apart.
What Is Unsettled in Wisconsin
The 2025 ruling did not decide whether Wisconsin’s constitution protects abortion. The court dismissed Planned Parenthood of Wisconsin’s separate case, because it could reach that question only if the 1849 law were a ban (NPR).
Wisconsin voters cannot put a constitutional amendment on the ballot by petition; only the Legislature can. So any new limit or new protection has to pass the Legislature and, for an ordinary law, get the governor’s signature. The governor’s office and every Assembly seat are on the November 3, 2026 ballot, along with 17 of 33 Senate seats.
Where Things Stand
Wisconsin abortion laws and rulings
As of October 3, 2026
- Abortion limit (Wis. Stat. 253.107) Law, Legal until 20 weeks after fertilization
About 22 weeks of pregnancy. Later abortions are allowed only in a medical emergency, and the patient is never penalized. (source)
- The 1849 abortion law Final ruling, Does not ban abortion
The Wisconsin Supreme Court ruled 4-3 on July 2, 2025 that later laws functionally repealed it. (source)
- Waiting period (Wis. Stat. 253.10) Law, 24 hours
A physician must give the required information in person at least 24 hours before the abortion. (source)
- Medication abortion (Wis. Stat. 253.105) Law, In person only
The physician must examine the patient and be in the room when the pills are given, so telehealth abortion is not allowed. (source)
Source: Wisconsin Statutes; NPR
Wisconsin Abortion Questions
Is abortion legal in Wisconsin?
Yes, until 20 weeks after fertilization, about 22 weeks of pregnancy. After that, abortion is allowed only in a medical emergency. A physician must give required information in person at least 24 hours before.
Does Wisconsin's 1849 law ban abortion?
No. On July 2, 2025, the Wisconsin Supreme Court ruled 4-3 that later laws regulating abortion functionally repealed the 1849 law. The court did not decide whether the state constitution protects abortion.
Can you get abortion pills by telehealth in Wisconsin?
No. Wisconsin law requires the physician who provides abortion pills to examine the patient first and be in the room when the pills are given.
What You Can Do
- Plan for two visits if you need an abortion, since the required information must come in person at least 24 hours ahead.
- Find a provider through the Abortion Finder, which lists clinics by location and stage of pregnancy.
- Ask your legislative candidates whether they would change Wisconsin’s abortion laws. Find your districts with the Legislature’s district finder.
- Vote on November 3. See our Wisconsin governor race guide.