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 "fatal fetal anomaly," "fetal heartbeat," 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 and allows for civil actions related to wrongful death on behalf of aborted unborn children. Additionally, the act mandates that physicians maintain detailed medical records for at least seven years regarding any medical emergencies necessitating an abortion.

The legislation introduces penalties for violations, including felony charges for those who perform or assist in abortions under prohibited circumstances, and protects pregnant women from criminal prosecution related to abortions performed in violation of the law. It allows women who have undergone an abortion to file wrongful death actions on behalf of their deceased unborn child against the individual who performed the abortion, with provisions for compensatory and punitive damages. The bill also mandates public school instruction on human growth and development, including a high-quality animation of fertilization and human development stages, and updates requirements for physicians counseling minors about abortion. Overall, the act represents a comprehensive overhaul of abortion regulations in South Carolina, tightening restrictions and increasing accountability for medical practitioners.

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