The "Unborn Child Protection Act" proposed in South Carolina aims to impose stringent restrictions on abortion access by amending various sections of the South Carolina Code of Laws. Key provisions include making it unlawful to knowingly perform or induce an abortion, with severe penalties for violators, including felonies punishable by up to twenty years in prison. The bill prohibits the use of abortion-inducing drugs and removes exceptions for abortions in cases of rape, incest, or fatal fetal anomalies. It also establishes civil actions against those who violate the new restrictions and clarifies definitions related to abortion, such as "abortion-inducing drug" and "unlawful abortion." Additionally, the act mandates informed consent for legal abortions and specific medical reporting requirements, while seeking to exclude abortion providers from Medicaid family planning services.
The bill further introduces amendments that protect pregnant women from prosecution for seeking an abortion under duress and requires voluntary and informed written consent for abortions. It mandates obstetric ultrasounds prior to an abortion and prohibits the procedure if a fetal heartbeat is detected, except in medical emergencies, rape, or incest. The legislation criminalizes various activities related to "prohibited abortion activity," establishes civil causes of action for women who undergo unlawful abortions, and includes protections for whistleblowers reporting violations. It also restricts state funding for family planning services to licensed abortion providers and clarifies that abortion coverage cannot be provided by health plans, except in specific circumstances. Overall, the bill represents a comprehensive overhaul of abortion-related laws in South Carolina, emphasizing strict penalties and limited exceptions.
Statutes affected: 04/01/2026: 44-41-610, 44-41-611, 44-41-612, 44-41-613, 44-41-614, 44-41-615, 44-41-616, 44-41-617, 44-41-620, 44-41-630, 44-41-640, 44-41-650, 44-41-660, 44-41-670, 44-41-680, 44-41-690, 44-6-75, 15-51-15, 59-32-30, 44-41-37, 44-41-60, 44-41-90, 44-53-250, 38-71-238, 44-41-32
Latest Version: 44-41-610, 44-41-611, 44-41-612, 44-41-613, 44-41-614, 44-41-615, 44-41-616, 44-41-617, 44-41-620, 44-41-630, 44-41-640, 44-41-650, 44-41-660, 44-41-670, 44-41-680, 44-41-690, 44-6-75, 15-51-15, 59-32-30, 44-41-37, 44-41-60, 44-41-90, 44-53-250, 38-71-238, 44-41-32