North Dakota Abortion Laws
Access to abortion varies quite a bit from one state to the next, as some states have enacted regulations so strict as to eliminate nearly all abortion providers. Regardless, access to abortion services remains legally protected at the federal level (Roe v. Wade ). State abortion laws tend to focus on licensing and zoning laws affecting the clinics, licensing requirements of care providers, and consent requirements for patients.
The Supreme Court is currently considering a legal challenge to Roe in Dobbs v. Jackson Women's Health. A decision is expected in June 2022.
North Dakota Abortion Laws: Overview
The following chart contains details about abortion laws in North Dakota, with links to related sources. See FindLaw's Abortion section for additional articles.
|Code Section||14-02.1-01 to 12|
|Statutory Definition of Illegal Abortion||(1) Non-licensed person performs abortion; (2) if licensed M.D. but doesn't conform to standards for legal abortion; termination of human pregnancy with an intention other than to produce a live birth or to remove a dead embryo or fetus|
|Statutory Definition of Legal Abortion||During 1st 12 wks., no restrictions. After viability, necessary to preserve life of mother or continuance would impair her physical or mental health and must be in a hospital|
|Penalty for Unlawful Abortion||M.D.: Class A misdemeanor; anyone not M.D. who performs abortion: Class B felony; if M.D. does not take proper care to preserve life of unborn or born viable fetus: Class C felony; all other violations of N.D. Abortion Control Act: Class A misdemeanor|
|Consent Requirements||Informed consent of mother as certified by M.D. at least 24 hours before procedure; before viability, if mother is unemancipated minor M.D. must inform both parents or guardian at least 24 hours before minor's consent; or emergency or judicial waiver; after viability, husband's written consent, unless separated, or consent of a parent/guardian if mother is less than 18 years and unmarried, unless procedure is necessary to preserve life, health of mother; court can authorize abortion on minor without parental consent|
|Residency Requirements for Patients||-|
|Physician Licensing Requirements||Licensed M.D. using medical standards applicable; licensed hospital required after first 12 weeks of pregnancy as well as M.D. must certify facts and have 2 M.D.s concur with his medical judgement for abortion, unless medical emergency|
Note: State laws change rather frequently, usually through the enactment of new legislation but sometimes through the decisions of higher courts or other means. You may want to contact a North Dakota family law attorney or Constitutional law attorney, or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- North Dakota Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
North Dakota Abortion Laws: Related Resources
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