Is Reproductive Access Legal in Hawaii? (2026)

Key facts

Status

Legal

Permit required

No

Jurisdiction

Hawaii

Last reviewed

2026-04-09

Reproductive Access laws in Hawaii

Hawaii Act 2, approved March 22, 2023, amended sections 453-16 and 457-8.7. Under the enacted amendments, 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. An advanced practice registered nurse may provide medication or aspiration abortion care in the first trimester when they have prescriptive authority, practice within their specialty and hold a valid, unencumbered license under the chapter. These amendments state that the State shall not deny or interfere with a pregnant person’s choice to obtain an abortion or terminate a pregnancy when necessary to protect their life or health. They also preserve the stated right of a hospital or person to refuse participation without liability for that refusal. Section 453-16 defines abortion as intentional termination of the pregnancy of a nonviable fetus, meaning no reasonable likelihood of sustained survival outside the uterus; section 457-8.7 uses those definitions. The enactment PDF is a redline: section 16 identifies bracketed and stricken text as repealed, so the deleted location restrictions and penalty text printed in the source are not presented as operative conditions. Section 17 made the Act effective upon approval and separately preserved section 10’s amendments to section 457-12(a) through its June 30, 2023 reenactment. The Governor’s dated announcement independently confirms that Senate Bill 1 became Act 2. This explanation is limited to these 2023 enacted provisions. The current compiled section could not be retrieved, and later amendments, minor-patient consent rules, other statutes and court orders have not been comprehensively reviewed.

Frequently asked questions

Is reproductive access legal in Hawaii for travelers?

For travelers visiting Hawaii, reproductive access is currently legal. Hawaii Act 2, approved March 22, 2023, amended sections 453-16 and 457-8.7. Under the enacted amendments, 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. An advanced practice registered nurse may provide medication or aspiration abortion care in the first trimester when they have prescriptive authority, practice within their specialty and hold a valid, unencumbered license under the chapter. These amendments state that the State shall not deny or interfere with a pregnant person’s choice to obtain an abortion or terminate a pregnancy when necessary to protect their life or health. They also preserve the stated right of a hospital or person to refuse participation without liability for that refusal. Section 453-16 defines abortion as intentional termination of the pregnancy of a nonviable fetus, meaning no reasonable likelihood of sustained survival outside the uterus; section 457-8.7 uses those definitions. The enactment PDF is a redline: section 16 identifies bracketed and stricken text as repealed, so the deleted location restrictions and penalty text printed in the source are not presented as operative conditions. Section 17 made the Act effective upon approval and separately preserved section 10’s amendments to section 457-12(a) through its June 30, 2023 reenactment. The Governor’s dated announcement independently confirms that Senate Bill 1 became Act 2. This explanation is limited to these 2023 enacted provisions. The current compiled section could not be retrieved, and later amendments, minor-patient consent rules, other statutes and court orders have not been comprehensively reviewed.

Do I need a permit for reproductive access in Hawaii?

Hawaii does not specifically require a permit for reproductive access, though general regulations apply.

Can I transport reproductive access through Hawaii?

Transport laws for reproductive access in Hawaii depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.

What are the penalties for reproductive access violations in Hawaii?

Penalties for reproductive access violations in Hawaii vary based on the specific offense. Always verify current laws before traveling.