The "Unborn Child Protection Act" proposed in South Carolina aims to significantly amend the state's abortion laws by introducing new definitions such as "abortifacient," "contraception," "fertilization," and "human embryo," while removing definitions for terms like "fatal fetal anomaly," "fetal heartbeat," "gestational sac," and "rape." The bill eliminates the requirement that an abortion cannot be performed if a fetal heartbeat is detected and removes exceptions for abortions in cases of rape and incest. It also establishes new documentation requirements for medical procedures resulting in the death of an unborn child, allows for civil actions related to wrongful death of an aborted unborn child, and modifies penalties for physicians who violate abortion prohibitions, including potential license suspension and revocation.
Additionally, the bill mandates that physicians must document the necessity of the procedure and efforts made to save an unborn child if it is alive during the procedure. It requires reporting of abortions performed in cases of rape or incest to law enforcement and allows for abortions in cases of fatal fetal anomalies. The act introduces civil actions for violations, including statutory damages, and emphasizes that a pregnant woman cannot be prosecuted for violations related to her abortion. Furthermore, it mandates educational requirements regarding human growth and development in schools and updates counseling requirements for minors seeking abortions. The act will take effect upon the Governor's approval, with specific educational provisions starting in the 2026-2027 school year.
Statutes affected: 02/06/2025: 44-41-610, 44-41-620, 44-41-630, 44-41-640, 44-41-650, 44-41-660, 44-41-670, 44-41-680, 44-41-690, 44-41-700, 44-41-720, 15-51-15, 59-32-30, 44-41-37, 44-41-90, 44-41-60, 44-41-32
02/12/2025: 44-41-610, 44-41-620, 44-41-630, 44-41-640, 44-41-650, 44-41-660, 44-41-670, 44-41-680, 44-41-690, 44-41-700, 44-41-720, 15-51-15, 59-32-30, 44-41-37, 44-41-90, 44-41-60, 44-41-32
Latest Version: 44-41-610, 44-41-620, 44-41-630, 44-41-640, 44-41-650, 44-41-660, 44-41-670, 44-41-680, 44-41-690, 44-41-700, 44-41-720, 15-51-15, 59-32-30, 44-41-37, 44-41-90, 44-41-60, 44-41-32