South Carolina Abortion Laws
By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 22, 2024
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Summary
In South Carolina, abortion is legal until the alleged detection of a fetal heartbeat at six weeks. Exceptions are possible during the first 12 weeks of pregnancy for rape, incest, medical emergencies, or fatal fetal anomalies.
Introduction
In June 2022, the U.S. Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization. This decision returned the power to regulate or prohibit abortion to the states. On January 5, 2023, the South Carolina State Supreme Court held that abortion is protected, subject to some limits, under the South Carolina State Constitution.
On May 25, 2023, Republican Gov. Henry McMaster signed a fetal heartbeat bill, which allows abortion through the first six weeks of pregnancy. Abortion can be carried out during the first 12 weeks of pregnancy in cases of rape or incest, medical emergencies, and in cases of fetal anomaly.
On August 23, 2023, the South Carolina Supreme Court agreed that the law infringed on a woman’s right to privacy. It still upheld the six-week ban.
South Carolina Abortion Laws
South Carolina’s abortion ban becomes absolute at twenty weeks. Third-trimester abortions are permitted when the mother's life is in danger. Other severe abortion restrictions enforced in South Carolina include:
- Mandatory 24-hour waiting period after requesting an abortion
- Mandatory pre-abortion counseling
- Mandatory ultrasound to determine the presence of fetal cardiac activity
- Midwives may not provide abortion care
- Abortion providers must maintain records of abortions and all related procedures for seven years after the procedure
- Aborting a fetus with a fetal anomaly is a crime
Minors, except emancipated minors, must have consent from a parent or legal guardian. Minors have the right to obtain a court ruling to receive an abortion without parental consent on a showing of good cause.
Legal Abortions in South Carolina
Abortion access is legal in South Carolina after fertilization up to the detection of an alleged fetal heartbeat at about six weeks. This is often before most women know they're pregnant. Medication abortions (mifepristone and Plan B) are available as of October 2024. With a new law under review by the GOP-led South Carolina lawmakers, this option faces elimination in 2025.
Abortion is legal after the six-week abortion ban in some circumstances:
- The pregnancy is the result of rape or incest, and the fetus is less than 12 weeks old
- A doctor determines that a medical emergency exists and abortion must be performed to prevent the death of the pregnant person
- A doctor determines a medical emergency exists and abortion must be performed to prevent serious risk of a substantial impairment of a major bodily function
Psychological or emotional conditions do not qualify as substantial impairments In South Carolina. This is true even if the person threatens self-harm as a result of the pregnancy.
South Carolina law, unlike many other states, enumerates recognized conditions under which abortion is legal, including but not limited to:
- Miscarriage and intrauterine fetal demise
- Blighted ovum (anembryonic pregnancy)
- Abruptio placenta (a condition when the placenta separates before delivery, resulting in uncontrollable hemorrhage)
- Molar and partial molar pregnancy (a type of pseudo-pregnancy where the fertilized egg does not result in a fetus)
- HELLP syndrome (breakdown of red blood cells, elevated liver enzymes, and low platelet count, which may require early delivery of the fetus)
- Ectopic pregnancy (ovum implants outside of the uterus, often in the fallopian tubes)
- Severe preeclampsia (abnormally high blood pressure uncontrolled by normal methods)
- Maternal trauma and uterine rupture
If a doctor believes that a condition exists requiring termination of the pregnancy, they must make all reasonable efforts to deliver a living child. A written record detailing the procedure in the woman’s medical chart must be maintained by the physician or health clinic for seven years. Medical treatment resulting in the accidental or unintentional death of a fetus is not a violation of this law.
Rape and Incest Exceptions
Abortion is legal up to 12 weeks after an allegation of rape or incest. The physician must report the alleged sexual assault to law enforcement within 24 hours of performing the abortion. This report must include the name and contact information of the pregnant woman. Prior to performing the abortion, the physician must inform the patient they will notify law enforcement.
The following table outlines the abortion laws you need to know in South Carolina.
South Carolina Abortion Code Section |
South Carolina Code Title 44: Health Chapter 41, Article 6 |
|---|---|
Statutory Definition of Unlawful Abortion |
Any abortion which is not a lawful abortion: performed after detection of an alleged fetal heartbeat; after the 12th week of pregnancy; or for any reason other than to preserve the life of the pregnant woman, in cases of rape or incest, or due to a fatal fetal abnormality. |
Statutory Definition of Lawful Abortion |
Abortion is legal until the alleged detection of a fetal heartbeat at six weeks. The law makes exceptions for rape or incest during the first twelve weeks of pregnancy, medical emergencies, or fatal fetal anomalies. |
Penalty for Unlawful Abortion |
A person who performs an illegal abortion is guilty of a felony. The penalty on conviction is up to two years imprisonment, fines of up to $10,000, or both. A pregnant woman on whom an abortion is performed may not be criminally or civilly charged for violation of any portion of the state abortion laws. |
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With new bills currently under consideration in the state house and state senate, South Carolina’s abortion laws are subject to change. If you need abortion assistance in South Carolina, discuss the current laws with an experienced South Carolina healthcare attorney.
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