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South Dakota Abortion Laws

Code Section
34-23A-1, et seq

Statutory Definition of Illegal Abortion
(1) Failure to meet standards for legal abortion; (2) failure of M.D. to obtain informed consent; (3)Partial Birth abortion is unlawful except in order to save the life of the mother when it is endangered by physical disorder, illness, or injury and no other medical procedure would suffice.

Statutory Definition of Legal Abortion
1-24th wk.—in M.D.’s medical judgment; after 24th week, necessary to preserve life, health of mother

Violating informed consent statutes: Class 2 misdemeanor, fine of $100 and/or imprisonment 30 days; any unauthorized abortion: Class 6 felony, fine to 2000 and/or imprisonment 2 years; intentional killing of fetus by causing injury to mother: Class 4 felony

Voluntary written informed consent of mother 24 hours before procedure; if mother unmarried minor, 48-hr. notice to parent/guardian also required; parental consent exempted with medical emergency, judicial waiver.


First 12 weeks, licensed M.D., solely medical judgment; after 24 wks., licensed M.D. and hospital. After 12 wks., only for medical necessity

Inside South Dakota Abortion Laws