Voluntary and informed consent for abortions – Wis. Stat. Ann. § 253.10

Women must give both voluntary and informed consent before receiving an abortion. A woman gives voluntary consent if she agrees to the abortion without coercion. A woman may satisfy the informed consent requirement by complying with the following procedure: 

• A physician, orally and in person, provides the woman with information regarding her pregnancy and the abortion procedure (e.g. the estimated age of the fetus, medical risks) at least 24 hours before performing the procedure. If the physician determines that the fetus has reached “viability,” then they must tell the woman of their obligation to preserve the fetus’s life.
• A physician must orally provide the woman with information regarding available child care assistance (e.g. government benefits, foster care, paternal child support) at least 24 hours before performing the abortion.  
• A woman must receive the required information in a setting that protects her privacy an confidentiality of her decision, and ensures that the information she receives focuses on her individual circumstances.
• The person that provides a woman with the required information must give her an opportunity to ask questions regarding her pregnancy, fetus, abortion, foster care, and adoption.
• Prior to undergoing an abortion, a woman must sign a document indicating that she has received the required information, has had all her questions answered, and must identify the person that provided her with the information and answered her questions. The physician performing the abortion must place their name on this document, provide the woman with a copy, and place the document in the woman’s medical record.

If the woman seeking an abortion is a minor, a parent or legal guardian must provide their informed consent pursuant to the above procedure unless a court has waived this requirement.

If a physician determines that a woman must receive an abortion to prevent her death or that waiting 24 hours will impose substantial and irreversible impairment of one or more of the woman’s major bodily functions, then the physician must attempt to inform the woman of this fact prior to performing the abortion and, if possible, obtain her informed consent. A physician must document the emergency circumstances that necessitated the abortion in the woman’s medical record.

If a woman seeks to abort a pregnancy that resulted from sexual assault or incest, the woman may waive the 24-hour waiting period so long as she reported the sexual assault or incest to the authorities and a physician or other qualified individual confirms the presence of this report and documents its existence in the woman’s medical record. 

Law enforcement authorities must confirm the existence of a sexual assault or incents report after verifying the woman’s identity and obtaining her consent to release the information. Law enforcement authorities may not release such records. 

A person that violates the informed consent requirements is liable to a woman for any personal, emotional, and psychological injuries she sustains as a result of the abortion. A woman may also recover punitive damages in an amount between $1,000 and $10,000.