From 2011 to 2021, the Arkansas Legislature passed at least 42 measures addressing abortion and protecting the lives of unborn children.
While a few of these good laws have been challenged in court, the vast majority are on the books and in effect today.
Below is a breakdown of the 42 pro-life laws the legislature has enacted — along with a status report on which laws are currently in effect, which ones are currently in court, and which ones have been challenged in court in the past.
Pro-Life Laws Currently In Effect
Act Number: Act 1176 of 2011
Sponsor: Representative Butch Wilkins (D – Jonesboro)
Summary: This law requires any facility performing 10 or more abortions per month to be inspected by the Arkansas Department of Health. This bill closed a loophole in the law that allowed a “women’s clinic” in Fayetteville to perform abortions for years without inspection. It also requires Planned Parenthood facilities that dispense abortion-causing drugs to be inspected by the Health Department.
Status: In Effect
Act Number: Act 1037 of 2013
Sponsor: Sen. Jim Hendren (R-Gravette) and Rep. Nate Steel (D-Nashville)
Summary: This fetal homicide law lets prosecutors charge criminals with the death of an unborn child at any stage of development. It replaces the word “fetus” with the word “unborn child” in state code, and it permits legal action for the wrongful death of an unborn child at any stage of pregnancy. This moves Arkansas another step toward personhood for the unborn, and it aligns our law with laws in at least 28 other states.
Status: In Effect
Act Number: Act 725 of 2013
Sponsor: Rep. Charlene Fite (R-Van Buren) and Sen. Bart Hester (R-Cave Springs)
Summary: This law requires abortion clinic employees to report child abuse. Minors seeking an abortion may be victims of child abuse, rape, or incest. This law requires abortion clinic employees and volunteers to report suspected child abuse, and it requires any evidence of abuse to be sent to the State Crime Lab for preservation.
Status: In Effect
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Act Number: Act 171 of 2013
Sponsor: Rep. Andy Mayberry (R-Hensley) and Sen. Bart Hester (R-Cave Springs)
Summary: The Pain-Capable Unborn Child Protection Act prohibits abortions after the 20th week of pregnancy, except in cases of rape, incest, or a medical emergency.
Status: In Effect
Act Number: Act 156 of 2013
Sponsor: Sen. Gary Stubblefield (R-Branch) and Rep. Bob Ballinger (R- Hindsville)
Summary: This law affirms a pregnant woman’s legal right to use physical, deadly force to defend her unborn child at any stage of development against an attacker. This law moves Arkansas another step toward personhood for the unborn.
Status: In Effect
Act Number: Act 72 of 2013
Sponsor: Rep. Butch Wilkins (D-Bono) and Sen. Cecile Bledsoe (R-Rogers)
Summary: This law prohibits government-funded health insurance exchanges from paying for abortions under Obamacare. Under Obamacare, states can vote to prohibit the use of tax dollars to pay for abortions. This law prevents government-funded healthcare plans from paying for abortions in Arkansas, except in case of rape or incest.
Status: In Effect
Act Number: Act 1086 of 2015
Sponsor: Rep. Robin Lundstrum (R – Springdale) and Sen. Jim Hendren (R – Gravette)
Summary: This law replaces the Woman’s Right to Know Act of 2001 with a much better law. It extends the waiting period for an abortion to a full 48 hours. It no longer allows abortion clinics to provide women with the “informed consent” information over the phone. It requires the information to be provided in person and in private—not in a group setting. It requires the abortion provider to give the woman the information rather than “offering” it to her. It also expands and updates the information women are provided. Since its enactment, reports from the state Department of Health show that hundreds of women each year have chosen not to have abortions after receiving this informed-consent information.
Status: In Effect
Act Number: Act 934 of 2015
Sponsor: Rep. Justin Harris (R – West Fork), Rep. Robin Lundstrum (R – Springdale), and Sen. Linda Collins-Smith (R – Pocahontas)
Summary: This law makes it harder for abortionists to perform abortions on minors. It makes several improvements to state law, including requiring proof that the adult bringing the girl for the abortion is really the girl’s parent or guardian. In addition, it requires judges asked to grant a judicial bypass to the state’s parental consent laws to consider a list of specific factors related to granting the exemption. It also improves the recordkeeping requirements for abortions performed on minors.
Status: In Effect
Act Number: Act 996 of 2015
Sponsor: Sen. Gary Stubblefied (R – Branch) and Rep. Robin Lundstrum (R – Springdale)
Summary: This law prevents abortion providers from receiving public tax dollars.
Status: In Effect
Act Number: Act 392 of 2017
Sponsor: Sen. Gary Stubblefield (R – Branch) and Rep. Charlene Fite (R – Van Buren)
Summary: This law protects babies who survive an abortion from being killed or denied medical treatment after birth. In other states we have heard reports of live babies killed or left to die following botched abortions. Act 392 forces abortionists to call 911 if a baby is born alive during an abortion procedure. It requires doctors to give the baby medical treatment, and it prevents people from withholding nourishment from a baby who survives an abortion.
Status: In Effect
Act Number: Act 385 of 2017
Sponsor: Sen. Jeremy Hutchinson (R – Little Rock) and Rep. Aaron Pilkington (R – Clarksville)
Summary: This law prohibits “wrongful birth” lawsuits in Arkansas. “Wrongful birth” lawsuits typically are brought by the parents of a baby born with a disability or genetic disorder. Oftentimes the parents sue their doctors or the hospital at which their child was born, claiming that had they known their child was at risk of being born with a disability, they would have had an abortion. Some parents will even go so far as to call their children financial burdens or claim their children never should have been born. This good law affirms human life by prohibiting people from suing doctors and hospitals based on the claim a child should have been aborted.
Status: In Effect
Act Number: Act 180 of 2019
Sponsor: Sen. Jason Rapert (R – Conway) and Rep. Mary Bentley (R – Perryville)
Summary: This good law prohibits abortion in Arkansas if Roe v. Wade is overturned.
Status: In Effect
Act Number: Act 801 of 2019
Sponsor: Sen. Gary Stubblefield (R – Branch) and Rep. Spencer Hawks (R – Conway)
Summary: This good law makes several improvements to Arkansas’ abortion laws. It expands the waiting period for an abortion from 48 hours to 72 hours. This will give women more time to consider all their options besides abortion—which will make them less likely to have an abortion. We estimate this law will save as many as 50–100 unborn children each year.
Status: In Effect
Act Number: Act 953 of 2019
Sponsor: Rep. Clint Penzo (R – Springdale) and Sen. Kim Hammer (R – Benton)
Summary: This good law requires abortionists to give women information about perinatal palliative care. Modern medicine has made it possible to test unborn children for deadly fetal abnormalities, and most children who test positive for these abnormalities are aborted. Perinatal hospice services provide palliative care for women whose unborn children are not expected to survive to birth or live long following birth. They provide emotional support for the woman and her family and hospice services for the child after birth. Data shows when women know about perinatal hospice services, they are less likely to have an abortion. This will help women choose options besides abortion when their unborn child has a life-threatening condition.
Status: In Effect
Act Number: Act 653 of 2019
Sponsor: Rep. Karilyn Brown (R – Sherwood) and Sen. Scott Flippo (R – Bull Shoals)
Summary: This good law prohibits public funds from being used to clone or kill unborn children for scientific research. It protects unborn children from being treated like lab material.
Status: In Effect
Act Number: Act 185 of 2019
Sponsor: Sen. Cecile Bledsoe (R – Rogers) and Rep. Rebecca Petty (R – Rogers)
Summary: This good law updates Arkansas’ Safe Haven Act. It lets a woman surrender her newborn to law enforcement personnel, fire department personnel, or medical personnel. Arkansas’ Safe Haven Act protects children from being abandoned, and it provides women with options besides abortion.
Status: In Effect
Act Number: Act 522 of 2019
Sponsor: Sen. Missy Irvin (R – Mountain View) and Rep. Joe Cloud (R – Russellville)
Summary: This good law amends Arkansas’ informed-consent law for abortion to ensure women know how to find information about chemical abortion pill reversal. Doctors have demonstrated that chemical abortion drugs can be counteracted if the woman receives treatment quickly. This law ensures women know about this possibility.
Status: In Effect
Act Number: Act 620 of 2019
Sponsor: Sen. Trent Garner (R – El Dorado) and Rep. Sonia Barker (R – Smackover)
Summary: This good law requires abortionists to report complications arising from an abortion. The abortion reporting required by this law will help Arkansas craft even better pro-life laws in the future.
Status: In Effect
Act Number: Act 1057 of 2019
Sponsor: by Rep. Jim Dotson (R – Bentonville) and Sen. Bob Ballinger (R – Berryville)
Summary: This good law prohibits the state from using public funds to abort the baby of a pregnant woman in state custody. This will ensure taxpayer dollars aren’t used to perform abortions on women in state prison or girls in the state foster care system.
Status: In Effect
Act Number: Act 498 of 2021
Sponsor: Sen. Cecile Bledsoe (R – Rogers) and Rep. Joe Cloud (R – Russellville)
Summary: This good law requires an abortionist to show an ultrasound image of the unborn baby to the pregnant woman before an abortion. Studies show that women may be more likely to choose not to have an abortion after seeing an ultrasound image of the unborn child.
Status: In Effect
Act Number: Act 358 of 2021
Sponsor: Rep. Robin Lundstrum (R – Springdale) and Sen. Gary Stubblefield (R – Branch)
Summary: This good law helps prevent abortion providers and their affiliates from receiving Medicaid reimbursements.
Status: In Effect
Act Number: Act 560 of 2021
Sponsor: Rep. Robin Lundstrum (R – Springdale) and Sen. Scott Flippo (R – Mountain Home)
Summary: This good law outlines the informed-consent process for chemical abortion. Arkansas’ current informed-consent laws for abortion are geared primarily for surgical abortion procedures. Act 560 will help ensure women get all the facts about chemical abortion — including its risks, consequences, and pro- life alternatives. This will help save many unborn children from abortion.
Status: In Effect
Act Number: Act 562 of 2021
Sponsor: Rep. Sonia Barker (R – Smackover) and Sen. Blake Johnson (R – Corning)
Summary: This good law updates Arkansas’ restrictions on abortion-inducing drugs like RU-486. It outlines requirements that abortionists must follow in administering abortion-inducing drugs, which could help save unborn children from RU-486.
Status: In Effect
Act Number: H.C.R. 1007 of 2021
Sponsor: Rep. Jim Wooten (R – Beebe) and Sen. Jason Rapert (R – Conway)
Summary: This good resolution recognizes the anniversary of the U.S. Supreme Court’s Roe v. Wade abortion decision as “The Day of Tears” in Arkansas. The resolution acknowledges the 61 million unborn babies killed in abortion over the past five decades, and it encourages Arkansans to lower their flags to half-staff on January 22 to mourn the innocent children who have lost their lives.
Status: In Effect
Act Number: Act 949 of 2021
Sponsor: Sen. Charles Beckham (R – McNeil) and Rep. Joe Cloud (R – Russellville)
Summary: This good law requires any facility that performs abortions to be licensed by the Arkansas Department of Health as an abortion facility, and it prohibits abortions in hospitals except in cases of medical emergency. This will help ensure that every clinic that performs abortions follows all of Arkansas’ laws concerning abortion facilities. This has the potential to save many women and unborn children from abortion.
Status: In Effect
Act Number: Act 787 of 2021
Sponsor: Sen. Blake Johnson (R – Corning) and Rep. Tony Furman (R – Benton)
Summary: This good law requires the State of Arkansas to report abortion data to the federal Centers for Disease Control. It also tightens Arkansas law concerning abortion facility inspections, and it requires abortionists to file certain documentation when the woman is a victim of rape or incest.
Status: In Effect
Act Number: Act 561 of 2021
Sponsor: Rep. Harlan Breaux (R – Holiday Island) and Sen. Bob Ballinger (R – Ozark)
Summary: This good law prohibits government entities in Arkansas from engaging in transactions with abortion providers and affiliates of abortion providers.
Status: In Effect
Act Number: Act 820 of 2021
Sponsor: Rep. Mark Lowery (R – Maumelle)
Summary: This good law prohibits public schools in Arkansas from engaging in transactions with abortion providers.
Status: In Effect
Act Number: Act 740 of 2021
Sponsor: Sen. Ben Gilmore (R – Crossett) and Rep. Mary Bentley (R – Perryville)
Summary: This good law requires abortion facilities to have transfer agreements with hospitals, and it fixes a flawed definition in a pro-life law passed in 2019. It also requires abortionists to provide women with information regarding human trafficking.
Status: In Effect
Act Number: Act 392 of 2021
Sponsor: Rep. Kendon Underwood (R – Cave Springs) and Sen. Gary Stubblefield (R – Branch)
Summary: This good law affirms the right of municipalities in Arkansas to declare themselves pro-life. It also clarifies that Pro-Life Cities can install signs or banners announcing that they are pro-life.
Status: In Effect
Act Number: Act 90 of 2021
Sponsor: Rep. Jim Dotson (R – Bentonville) and Sen. Bob Ballinger (R – Ozark)
Summary: This good law enacts legislation ensuring that women are offered information, assistance, and resources that could help them choose an option besides abortion.
Status: In Effect
Pro-Life Laws Currently In Court
Act Number: Act 603 of 2017
Sponsor: Rep. Kim Hammer (R – Benton) and Sen. Missy Irvin (R – Mountain View)
Summary: Act 603 prohibits experimentation on organs and tissue harvested from unborn babies, and it generally requires aborted babies be respectfully cremated or buried. This law helps humanize aborted babies. It also potentially cuts into the profit margins of abortion businesses by preventing them from buying or selling aborted baby parts.
Status: Currently In Court
Act Number: Act 733 of 2017
Sponsor: Rep. Charlie Collins (R – Fayetteville) and Sen. Missy Irvin (R – Mountain View)
Summary: Act 733 prohibits abortions performed due to the baby’s sex—also known as sex-selection abortion. The law requires an abortionist to inform a woman seeking an abortion that sex-selection abortion is illegal. A doctor that performs a sex-selection abortion can be criminally prosecuted.
Status: Currently In Court
Act Number: Act 1018 of 2017
Sponsor: Rep. Sonia Barker (R – Smackover) and Sen. Blake Johnson (R – Corning)
Summary: This law requires abortion clinics to notify the State Crime Lab and appropriate authorities after performing an abortion on a girl under 17. This helps investigators determine if the girl has been the victim of sexual assault.
Status: Currently In Court
Act Number: Act 45 of 2017
Sponsor: Rep. Andy Mayberry (R – Hensley) and Sen. David Sanders (R – Little Rock)
Summary: This law prohibits certain abortion procedures—such as D&E abortion procedures—in which an unborn baby is dismembered. It does not affect other common abortion procedures—such as chemical abortion or suction abortion procedures. Act 45 contains an exception for dismemberment abortions performed to prevent a serious health risk to the woman.
Status: Currently In Court
Act Number: Act 493 of 2019
Sponsor: Rep. Robin Lundstrum (R – Springdale) and Sen. Jason Rapert (R – Conway)
Summary: This good law prohibits abortion in Arkansas during or after the eighteenth week of pregnancy unless the mother’s life or physical health is in serious jeopardy. Our team estimates that this law will save upwards of 170–200 unborn children from abortion each year.
Status: Currently In Court
Act Number: Act 700 of 2019
Sponsor: Sen. Gary Stubblefield (R – Branch) and Rep. Sonia Barker (R – Smackover)
Summary: This good law requires an abortionist to be a board-certified or board-eligible OB/GYN. This law will protect women from dangerous abortion practices and cut down on the number of doctors performing abortions. The bill also updates Arkansas’ definition of a “viable fetus.” Updating this definition will make it easier to pass and enforce pro-life legislation in Arkansas. Planned Parenthood dubbed this pro-life bill “the worst” one they faced in 2019—so you know it’s a good law.
Status: Currently In Court
Act Number: Act 619 of 2019
Sponsor: Sen. Trent Garner (R – El Dorado) and Rep. Sonia Barker (R – Smackover)
Summary: S.B. 2 (Abortion): This good law prohibits abortions performed because the baby has Down Syndrome.
Status: Currently In Court
Act Number: Act 309 of 2021
Sponsor: Sen. Jason Rapert (R – Conway) and Rep. Mary Bentley (R – Perryville)
Summary: This good law prohibits abortion in Arkansas, except in cases when the mother’s life is in jeopardy. Family Council worked closely with Sen. Rapert to pass this good bill that could save the lives of thousands of children and give the courts an opportunity to overturn decades of bad, pro-abortion rulings.
Status: Currently In Court
Pro-Life Laws Previously In Court
Act Number: Act 301 of 2013
Sponsor: Sen. Jason Rapert (R-Conway) and Rep. Ann Clemmer (R-Benton)
Summary: This law prohibits abortions after the 12th week of pregnancy except in cases of rape, incest, if the mother’s life is at stake, or in cases of highly lethal fetal disorders. It allows the State Medical Board to establish rules and regulations for implementation of this law. Governor Beebe vetoed the bill, but his veto was overridden.
Status: Partially In Effect. Federal courts struck part of this law, but upheld parts of the law dealing with informed-consent to abortion.
Act Number: Act 577 of 2015
Sponsor: Rep. Charlene Fite (R – Van Buren) and Sens. Cecile Bledsoe and Linda Collins-Smith (R – Pocahontas)
Summary: This law requires abortion providers to follow FDA protocols when they administer abortion-causing drugs. This has the potential to prevent chemical abortions in some cases and save the lives of unborn children.
Status: The ACLU challenged the law in court, but dropped its lawsuit in November of 2018. The law remained in effect until 2021, when it was replaced by Act 560 of 2021 and Act 562 of 2021.
Act Number: Act 383 of 2017
Sponsor: Rep. Robin Lundstrum (R – Springdale) and Sen. Scott Flippo (R – Bull Shoals)
Summary: This law says that abortion clinics must be inspected at least annually. The inspections will be unannounced—meaning abortion clinics won’t have any warning ahead of time. It lets Health Department officials inspect clinic records to make sure clinics are following laws like Arkansas’ informed-consent and parental-consent laws. Most importantly, it lets the Health Department immediately close any abortion clinic that fails inspection. It also closes some loopholes abortion clinics have been using to skirt some of Arkansas’ other really good, pro-life laws. Act 383 literally gives the State of Arkansas the tools it needs to shut down abortion clinics.
Status: In Effect. The ACLU challenged the law in court, but dropped its lawsuit in April of 2019.
LifeNews Note: Jerry Cox is the president of the Arkansas Family Council.
