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Illinois Reproductive Health Act
In Illinois, under the Illinois Reproductive Health Act, you have a fundamental right to choose or refuse reproductive health care. The government can’t interfere with these rights except in limited circumstances.
This means you have the right to choose to have an abortion or carry a pregnancy to term, and make your own choices about your maternity and labor and delivery care. You also have the right to use or refuse contraceptives, including emergency contraceptives like Plan B.
You have these rights regardless of age, gender identity, sexual orientation, citizenship status, race, ethnicity, disability status, or what state you live in.
These rights also apply if you are under State control or supervision, such as being in DCFS care or being incarcerated.
Illinois Human Rights Act
The Illinois Human Rights Act protects you from being discriminated against in employment, housing, financial credit, or public accommodations because of decisions you make about your reproductive health care, like using contraception, fertility treatments, or having an abortion, for example.
Illinois Medical Patient Rights
Pregnant people continue to have all other rights. The Illinois Medical Patient Rights Act also gives pregnant patients receiving care from licensed providers or institutions many rights. These include:
the right to choose a certified nurse, midwife, or physician for maternity care and to choose another if they are not satisfied
the right to choose their birth setting
the right to receive emotional and physical support during labor and birth
the right to receive information about breastfeeding
the right to receive information in a language in which they can communicate
Abortion Rights
Illinois law does not set a specific time limit for an abortion. Health care providers perform abortions until “viability,” which is determined by your individual circumstances. In some situations, a provider could determine that viability exists around 24-28 weeks into pregnancy. Even if your provider determines that your pregnancy has reached viability, you may be able to have an abortion if your provider thinks it is necessary for your health. Talk to your provider about your options.
If you are traveling from a state where abortion care is illegal, Illinois has “shield laws” to protect you. These laws say that:
- State and local officials will not help with investigations or prosecutions from other states. This includes not sharing data collected from Automatic License Plate Readers (ALPRs).
- If another state tries to get information about your care in Illinois, your health care providers do not have to share that information.
- If you are targeted by a lawsuit from another state, you can sue back for damages.
If You Think Your Rights Have Been Violated
The Repro Legal Helpline provides free and confidential legal services about reproductive health care.
Depending on what law was violated, you may be able to bring a private lawsuit. Some Illinois laws specifically allow you to sue if you think your rights have been violated.
If you believe you have been discriminated against because of your reproductive healthcare decisions, guidance issued from the Illinois Department of Human Rights and Office of the Illinois Attorney General can help you understand protections and how to file a complaint.
The Office of the Illinois Attorney General also provides information about how to submit a consumer or health care-related complaint.
Different Illinois state agencies can also take reports and investigate complaints.
- If you have a complaint about a licensed Illinois health care facility, such as a hospital, you can report it to the Illinois Department of Public Health. This includes complaints about care provided in an emergency room at a hospital.
- If you have a complaint about a licensed health care professional, such as a physician, nurse, physician assistant, or pharmacist, you can report it to the Illinois Department of Financial and Professional Regulation.
- If you have a complaint about insurance, including coverage of reproductive health care or billing under an Illinois-regulated health plan, you can report it to the Illinois Department of Insurance.