2022 South Carolina Code of Laws
Title 44 - Health
Chapter 41 - Abortions

• Section 44-41-10. Definitions.
• Section 44-41-20. Legal Abortions.
• Section 44-41-30. Persons from whom consent is required.
• Section 44-41-31. Abortion upon minors; consent requirements; support obligations of parent or legal guardian who refuses to give consent for minor's abortion; penalty for false representation.
• Section 44-41-32. Petitioning court for right to obtain abortion without consent of parent or legal guardian.
• Section 44-41-33. Court order granting or denying minor right to obtain abortion.
• Section 44-41-34. Appeals; hearings closed to public; records to be sealed; Supreme Court to adopt rules.
• Section 44-41-35. Failure to obtain required consent.
• Section 44-41-36. Penalty for failing to conform with requirements of Sections 44-41-10 through 44-41-36 when performing abortion on minor; justified reliance on representations of minors or other persons.
• Section 44-41-37. Disclosure of consent requirements when counseling or discussing abortion with minor; brochure for use in counseling pregnant minors.
• Section 44-41-40. Certain hospitals or clinics may refuse to perform abortions.
• Section 44-41-50. Medical employees not required to aid in abortions; providing necessary aftercare following abortion.
• Section 44-41-60. Abortions must be reported.
• Section 44-41-70. Promulgation of rules and regulations for certification of hospitals and other facilities.
• 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 44-41-85. Performance of partial-birth abortion by physician; felony; cause of action against physician.

• Section 44-41-310. Short title.
• Section 44-41-320. Definitions.
• Section 44-41-330. Conditions for performance; information requirements; waiting period; minors or mentally incompetent persons; retention of records.
• 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 44-41-450. Abortion prohibited when probable post-fertilization age of unborn child is twenty or more weeks; exceptions.
• Section 44-41-460. Report of abortion performed pursuant to Section 44-41-450; patient privacy; department to issue public report; late fee for failure of facility to report; regulations.
• 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.

Editor's Note

2021 Act No. 1, Sections 1, 2, provide as follows:

"SECTION 1. This act shall be known and may be cited as the 'South Carolina Fetal Heartbeat and Protection from Abortion Act'.

"SECTION 2. The General Assembly hereby finds, according to contemporary medical research, all of the following:

"(1) as many as thirty percent of natural pregnancies end in spontaneous miscarriage;

"(2) fewer than five percent of all natural pregnancies end in spontaneous miscarriage after the detection of a fetal heartbeat;

"(3) over ninety percent of in vitro pregnancies survive the first trimester if a fetal heartbeat is detected;

"(4) nearly ninety percent of in vitro pregnancies do not survive the first trimester if a fetal heartbeat is not detected;

"(5) a fetal heartbeat is a key medical predictor that an unborn human individual will reach live birth;

"(6) a fetal heartbeat begins at a biologically identifiable moment in time, normally when the fetal heart is formed in the gestational sac;

"(7) the State of South Carolina has legitimate interests from the outset of a pregnancy in protecting the health of the pregnant woman and the life of the unborn child who may be born; and

"(8) in order to make an informed choice about whether to continue a pregnancy, a pregnant woman has a legitimate interest in knowing the likelihood of the human fetus surviving to full-term birth based upon the presence of a fetal heartbeat."

• Section 44-41-610. Definitions.
• Section 44-41-620. Effect of court judgment or order; enforcement.
• Section 44-41-630. Obstetric ultrasound; display of images; recording written medical description of images of fetal heartbeat.
• 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 44-41-680. Performance of abortion prohibited if fetal heartbeat detected; exceptions; physician required to notify law enforcement after performing abortion in certain circumstances; penalties.
• Section 44-41-690. Exceptions to prevent death or serious risk of substantial and irreversible impairment of a major bodily function; written documentation required.
• 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.
• Section 44-41-730. Pregnant woman not subject to criminal prosecution for violating any provisions of this article.
• Section 44-41-740. Civil action; damages; attorney's fees.