(A) No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies, that the probable post-fertilization age of the woman's unborn child is twenty or more weeks, except in the case of fetal anomaly, or in reasonable medical judgment, she has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No such greater risk must be considered to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
(B) When an abortion upon a woman whose unborn child has been determined to have a probable post-fertilization age of twenty or more weeks is not prohibited by subsection (A), the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would other available methods. No such greater risk must be considered to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
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.