The "Unborn Child Protection Act" proposed in South Carolina seeks to significantly amend the state's abortion laws by introducing new definitions such as "abortifacient," "contraception," "fertilization," and "human embryo," while deleting terms like "fatal fetal anomaly," "fetal heartbeat," "gestational sac," and "rape." The bill removes the requirement that an abortion cannot be performed if a fetal heartbeat is detected and eliminates 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 imposes stricter penalties for violations, including felony charges for those who perform or assist in abortions under prohibited circumstances.
Additionally, the bill mandates that physicians make reasonable efforts to save the life of an unborn child when it is alive in utero, provided it does not endanger the pregnant woman's health, and requires documentation of these efforts. It introduces penalties for failing to report allegations of rape or incest when performing an abortion and allows women who have undergone an abortion to file wrongful death actions on behalf of their deceased unborn child. The legislation also includes educational requirements on human growth and development, modifies reporting requirements for abortions, and will take effect upon the Governor's approval, with certain provisions related to education 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