An Act to clarify informed consent requirements for the provision of prenatal and postnatal care to minors.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 26-1 be amended with a NEW SECTION:

If a minor seeks prenatal or postnatal care, a health care provider may offer the minor the opportunity to provide informed consent for such care, and thereafter act on that consent, if the health care provider determines and documents that:

(1) The minor's parent is unavailable to provide informed consent; or

(2) The minor's parent is incapable, because of a mental or physical incapacity, of providing informed consent.

This section does not apply to an emancipated minor, as defined in   25-5-24.