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Haw. Rev. Stat. § 453-16

Intentional termination of pregnancy; refusal to perform

Applied in 3 court decisions — leading case Roe v. Wade (1973)

Most recently applied in 751 F. Supp. 168 - United States v. Denoncourt (October 1990)

L 1970, c 1, §2; am L 2006, c 35, §2; am L 2008, c 5, §18; am L 2023, c 2, §2

How often courts cite this section

19721980199010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A licensed physician or surgeon or licensed osteopathic physician and surgeon may provide abortion care. A licensed physician assistant may provide medication or aspiration abortion care in the first trimester of pregnancy.

(b) The State shall not deny or interfere with a pregnant person's right to choose to:

(1) Obtain an abortion; or

(2) Terminate a pregnancy if the termination is necessary to protect the life or health of the pregnant person.

(c) Nothing in this section shall require any hospital or any person to participate in an abortion nor shall any hospital or any person be liable for a refusal.

(d) For purposes of this section:

"Abortion" means an intentional termination of the pregnancy of a nonviable fetus.

"Nonviable fetus" means a fetus that does not have a reasonable likelihood of sustained survival outside of the uterus.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.