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South Carolina Abortion Laws
Explanation of Chart and More Information on Abortion Laws
| Code Section | 44-41-10 to 85 |
| Statutory Definition of Illegal Abortion | (1) Failure to meet standards for legal abortion; (2) self-abortion that does not meet standards for legal abortion; (3) use of instrument, medicine, drug, or other substance or device with intent to terminate pregnancy for reasons other than to increase probability of a live birth, preserve child's life or health, or to remove a dead fetus. Partial Birth abortion: physician performing is guilty of a felony and subject to $5,000 fine and/or no less than 5 years in prison except when performed to save life of mother endangered by physical disorder, illness, or injury when no other medical procedure would suffice. |
| Statutory Definition of Legal Abortion | First trimester, with mother's consent; second trimester with consent in hospital; third trimester, necessary to preserve life or health of mother; if basis is mental health must be so certified by two consulting M.D.s (one a consulting psychiatrist) in writing |
| Penalty for Unlawful Abortion | Felony, fine to $5,000 and/or imprisonment 2 to 5 years for person unlawfully inducing abortion; fine to $1,000 and/or imprisonment to 2 years for mother soliciting abortion or self-aborting unlawfully; failure to obtain required consent is prima facie evidence of interference with family relations in civil actions; parents have common law rights; if abortion is intentionally performed without conforming to consent standards for minors or others: misdemeanor, min. $2,000-10,000 fine and/up to 3 yrs. imprisonment; third or subsequent offense: 60 days to 3 yrs. |
| Consent Requirements | Mother's written consent required; if mother married and in third trimester, husband's consent is required; if mother under 17 years and unmarried, parental/guardian consent of one parent required, except in medical emergency of if pregnancy is result of incest: court may order minor's right to abortion without parental consent. Spousal, parental or legal guardian's consent for incompetent woman |
| Residency Requirements for Patients | - |
| Physician Licensing Requirements | First trimester on advice of licensed M.D.; second trimester must be performed by licensed M.D. in licensed hospital; third trimester, second M.D.'s written recommendation required, facts and reasons supporting recommendations must be certified by both M.D.s |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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