Wisconsin Statutes

Wis. Stat. § 895.038 (2026)

Partial-birth abortions; liability

✓ current as of July 2026

Find cases: SyfertCases citing this section WI-LEGdocs.legis.wisconsin.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

895.038895.038 Partial-birth abortions; liability.

895.038(1)(1) In this section:

895.038(1)(a)(a) “Child” has the meaning given in s. 940.16 (1) (a).

895.038(1)(b)(b) “Partial-birth abortion” has the meaning given in s. 940.16 (1) (b).

895.038(2)(2)

895.038(2)(a)(a) Except as provided in par. (b), any of the following persons has a claim for appropriate relief against a person who performs a partial-birth abortion:

895.038(2)(a)1.1. If the person on whom a partial-birth abortion was performed was a minor, the parent of the minor.

895.038(2)(a)2.2. The father of the child aborted by the partial-birth abortion.

895.038(2)(b)(b) A person specified in par. (a) 1. or 2. does not have a claim under par. (a) if any of the following apply:

895.038(2)(b)1.1. The person consented to performance of the partial-birth abortion.

895.038(2)(b)2.2. The pregnancy of the woman on whom the partial-birth abortion was performed was the result of a sexual assault in violation of s. 940.225, 944.06, 948.02, 948.025, 948.06, 948.085, or 948.09 that was committed by the person.

895.038(3)(3) The relief available under sub. (2) shall include all of the following:

895.038(3)(a)(a) If the abortion was performed in violation of s. 940.16, damages arising out of the performance of the partial-birth abortion, including damages for personal injury and emotional and psychological distress.

895.038(3)(b)(b) Exemplary damages equal to 3 times the cost of the partial-birth abortion.

895.038(4)(4) Subsection (2) applies even if the mother of the child aborted by the partial-birth abortion consented to the performance of the partial-birth abortion.

895.038 HistoryHistory: 1997 a. 219; 2005 a. 277.

895.038 AnnotationA Nebraska statute that provided that no partial birth abortion can be performed unless it is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury is unconstitutional. Stenberg v. Carhart, 530 U.S. 914, 120 S. Ct. 2597, 147 L. Ed. 2d 743 (2000).

895.038 AnnotationThe federal Partial-Birth Abortion Ban Act of 2003 is distinguishable from Stenberg, 530 U.S. 914 (2000), and is constitutional. Gonzales v. Carhart, 550 U.S. 124, 127 S. Ct. 1610, 167 L. Ed. 2d 480 (2007).

895.038 AnnotationEnforcement of s. 940.16 is enjoined under Stenberg, 530 U.S. 914 (2000). Hope Clinic v. Ryan, 249 F.3d 603 (2001).

Notes of Decisions

Cited in 5 cases, 1998–2014 · leading case: Planned Parenthood of Wisconsin v. Doyle, 44 F. Supp. 2d 975 (W.D. Wis. 1999).

Sort: Relevance Newest Treatment

Planned Parenthood of Wisconsin v. Doyle, 44 F. Supp. 2d 975 (W.D. Wis. 1999). · cites it 8× “At issue in this matter is the constitutionality of 1997 Wisconsin Act 219, codified at Wis. Stat. §§ 895.038 and 940.16 (the “Act”).”

Planned Parenthood of Wisconsin v. Doyle, 9 F. Supp. 2d 1033 (W.D. Wis. 1998). · cites it 6× “§ 1983 on behalf of themselves and their abortion-seeking patients to challenge the constitutionality of 1997 Wisconsin Act 219, passed as Assembly Bill 220 (AB 220) and codified at §§ 895.038 and 940.16, Wis. Stats, (“the Act”).”

Sharon R. Waranka v. Wadena Ins. Co., 2014 WI 28 (Wis. 2014). · cites it 2× “037 Abortion on or for a minor without parental consent or judicial waiver (created in 1991); and Wis. Stat. § 895.038 Partial-birth abortions; liability (created in 1997).”

Hope Clinic v. Ryan, 195 F.3d 857 (7th Cir. 1999). · cites it 2× “Its statutes provide: Wis. Stat. § 895.038 Partial-birth abortions; liability.”

Hope Clinic v. Ryan, James E., 249 F.3d 603 (7th Cir. 2001). “The district court must dismiss the plaintiffs’ complaint for want of standing to the extent it seeks relief against Wis. Stat. § 895.038 , the civil-liability companion to Wis.”

— Wis. Stat. § 895.038(3)(a) — 1 case

Planned Parenthood of Wisconsin v. Doyle, 9 F. Supp. 2d 1033 (W.D. Wis. 1998). “§ 1983 on behalf of themselves and their abortion-seeking patients to challenge the constitutionality of 1997 Wisconsin Act 219, passed as Assembly Bill 220 (AB 220) and codified at §§ 895.038 and 940.16, Wis. Stats, (“the Act”).”

— Wis. Stat. § 895.038(3)(b) — 2 cases

Planned Parenthood of Wisconsin v. Doyle, 44 F. Supp. 2d 975 (W.D. Wis. 1999). “At issue in this matter is the constitutionality of 1997 Wisconsin Act 219, codified at Wis. Stat. §§ 895.038 and 940.16 (the “Act”).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.