Know Your Rights: Abortion in Idaho

• Abortion Freedom Fund
• The Brigid Alliance
• Indigenous Women Rising
• Northwest Abortion Access Fund
• Reprocare
• Women’s Reproductive Rights Assistance Project

Idaho bans self-managed abortion.

Self-managed abortion (SMA) is when someone has an abortion outside the medical system. For example, a pregnant person might order abortion pills online and use them at home. Taking abortion pills within the state of Idaho is not legal. You can legally self-manage your abortion in five states that border Idaho. They are Montana, Nevada, Oregon, Washington, and Wyoming. In these states, you can take abortion pills during the first twelve weeks that you are pregnant.

It is legal to order abortion pills online, but shipping them to Idaho is risky. Police and others can track your online activity. It is safer to ship abortion pills to the state where you plan to legally take them. You can get a PO Box through USPS, or get a personal mailbox through UPS in these states. You may also be able to have the pills delivered to a post office. For tips on protecting your privacy, visit the Vagina Privacy Network guide.

It is legal to get follow-up care in Idaho after a self-managed abortion. The symptoms for a miscarriage and an abortion are the same. That means no one will know you took abortion pills unless you tell them. One way to use abortion pills is to place them in the vagina. If you do, the pills can leave residue unless removed.

Only talk about SMA with people you trust. Police usually find out about SMA because someone reports it. Even if you take the pills legally, police can investigate and arrest you. 

Do not talk to the police. If police try to ask you about your health, do not answer any questions. Ask if you can leave, and leave if you can. If not, tell the police you will not talk to them without a lawyer.

Exceptions to Idaho’s Abortion Ban

There are three types of exceptions to the abortion ban in Idaho: health emergencies, pregnancies related to certain crimes, and certain medical conditions.

Emergencies

If you are pregnant and you think you are experiencing an emergency, go to the nearest emergency room. Physicians can perform an abortion in Idaho to protect your health and to save your life.

• If the hospital admits you but refuses to treat you, have a physician write down the reason in your chart.
• If the hospital sends you home to wait, contact an abortion fund (see list above). Tell them about your symptoms and any information the hospital gave you.

In either situation, contact Legal Voice when you can.

Crimes

You can have an abortion in the the first 13 weeks of pregnancy if you report a rape or incest. You must get a copy of the report to give to your abortion provider.

• If the crime victim is under 18, the crime can be reported to Child Protective Services.
• Crime victims of any age can report the crime to the police.

If you can’t get a copy of your report or can’t find an abortion provider who will treat you, contact Legal Voice.

Medical conditions

Idaho law permits abortions to treat three medical conditions.

1. 1. Ectopic pregnancy: a fertilized egg is growing somewhere other than the uterus;
   2. Molar pregnancy: a fertilized egg has formed a tumor instead of an embryo;
   3. Removal of a “dead unborn” fetus. We interpret this to mean any part or product of a nonviable pregnancy. “Nonviable” means unable to live, grow, and develop.
      

If you have one of these conditions but can’t find a provider to treat you, contact Legal Voice. Also contact the If/When/How legal hotline, 1-844-868-2812, for private advice.