Abortion shall be a criminal act except when performed under the following circumstances:
(a) During the first trimester of pregnancy the abortion is performed with the pregnant woman's consent by her attending physician pursuant to his professional medical judgment.
(b) During the second trimester of pregnancy the abortion is performed with the pregnant woman's consent by her attending physician in a hospital or clinic certified by the Department.
(c) During the third trimester of pregnancy, the abortion is performed with the pregnant woman's consent, and if married and living with her husband the consent of her husband, in a certified hospital, and only if the attending physician and one additional consulting physician, who shall not be related to or engaged in private practice with the attending physician, certify in writing to the hospital in which the abortion is to be performed that the abortion is necessary based upon their best medical judgment to preserve the life or health of the woman. In the event that the preservation of the woman's mental health is certified as the reason for the abortion, an additional certification shall be required from a consulting psychiatrist who shall not be related to or engaged in private practice with the attending physician. All facts and reasons supporting such certification shall be set forth by the attending physician in writing and attached to such certificate.
HISTORY: 1962 Code Section 32-682; 1974 (58) 2837.
Structure South Carolina Code of Laws
Section 44-41-10. Definitions.
Section 44-41-20. Legal Abortions.
Section 44-41-30. Persons from whom consent is required.
Section 44-41-33. Court order granting or denying minor right to obtain abortion.
Section 44-41-35. Failure to obtain required consent.
Section 44-41-40. Certain hospitals or clinics may refuse to perform abortions.
Section 44-41-60. Abortions must be reported.
Section 44-41-75. Licensing of certain abortion facilities; regulations.
Section 44-41-80. Performing or soliciting unlawful abortion; testimony of woman may be compelled.
Section 44-41-310. Short title.
Section 44-41-320. Definitions.
Section 44-41-340. Publication of materials regarding available assistance.
Section 44-41-350. Penalties for noncompliance with this article.
Section 44-41-360. Preservation of anonymity of woman having abortion.
Section 44-41-370. Applicability of article.
Section 44-41-380. Severability of provisions of article.
Section 44-41-410. Short title.
Section 44-41-420. Legislative findings.
Section 44-41-430. Definitions.
Section 44-41-440. Determination of probable post-fertilization age of unborn child.
Section 44-41-470. Penalties for noncompliance with Sections 44-41-440 and 44-41-450.
Section 44-41-480. Construction against implicit repeal of existing law.
Section 44-41-610. Definitions.
Section 44-41-620. Effect of court judgment or order; enforcement.
Section 44-41-640. Abortion provider shall make fetal heartbeat audible for pregnant woman to hear.
Section 44-41-650. Determination of detectable fetal heartbeat prior to abortion; penalties.
Section 44-41-660. Exception for medical emergency; written notations in medical records.
Section 44-41-670. No violation of Section 44-41-650 if no fetal heartbeat detected.
Section 44-41-700. No violation of Section 44-41-680 if no fetal heartbeat detected.
Section 44-41-710. Construction and application of article.
Section 44-41-720. Contraceptives not affected by this article.