1. What are the late-term abortion laws in South Dakota?

In South Dakota, abortions after 20 weeks gestation are only permitted if the woman’s life or health is at significant risk or if the pregnancy is a result of rape or incest. Additionally, before any late-term abortion can take place, the abortion provider must obtain certification from a second physician confirming that the procedure is necessary to preserve the woman’s life or health. Furthermore, any late-term abortion must take place in a hospital setting.

2. Is there a gestational limit on abortions in South Dakota?

Yes. In South Dakota, abortions are prohibited after the 20th week of gestation, with limited exceptions.

3. Is there a ban on late-term abortions in South Dakota?

Yes, there is a ban on late-term abortions in South Dakota. The ban states that abortions can not take place after the 20th week of pregnancy unless a medical emergency exists.

4. Who can authorize a late-term abortion procedure in South Dakota?

In South Dakota, only physicians licensed in the state of South Dakota are authorized to perform late-term abortions, and only after obtaining the written informed consent of the patient and two additional physicians who are not associated with the abortion provider. The physician performing the abortion must determine that the abortion is necessary to preserve the life of the mother or to avert serious risk of substantial and irreversible physical impairment of a major bodily function.

5. How does South Dakota define a “late-term abortion”?

In South Dakota, a late-term abortion is an abortion that occurs after the twentieth week of pregnancy or the “viability” of the fetus.

6. Are there any exceptions to late-term abortion bans in South Dakota?

Yes, South Dakota allows for late-term abortions in certain cases. These exceptions include when the life of the mother is at risk, when the fetus suffers from a fatal fetal anomaly or if the pregnancy is caused by rape or incest.

7. Are there any parental notification laws for minors seeking abortions in South Dakota?

Yes, there are parental notification laws for minors seeking abortions in South Dakota. Minors under the age of 18 must obtain written consent from a parent or legal guardian before receiving an abortion.

8. What are the informed consent requirements for abortions in South Dakota?

In South Dakota, informed consent requirements for abortions are as follows:

1. The woman seeking an abortion must receive counseling from either a physician or an accredited counselor at least 24 hours before the procedure. This counseling must include:

-The nature of the procedure;
-Risks associated with the procedure;
-Probable gestational age of the fetus;
-Medical risks associated with carrying a pregnancy to term;
-The availability of ultrasound and/or other medical tests;
-Alternatives to abortion and the availability of medical assistance, financial assistance, and legal assistance in connection with childbirth; and
-A statement that the father is liable for financial assistance for the child if born.

2. The physician performing the abortion must provide written information that describes:

-The nature of the procedure;
-Risks associated with the procedure;
-The probable gestational age of the fetus;
-Medical risks associated with carrying a pregnancy to term; and
-The availability of ultrasound and/or other medical tests.

3. The woman must sign a written consent form prior to the procedure. This form must certify that she has received counseling from either a physician or an accredited counselor, she has been provided with written information about the risks and alternatives associated with the abortion, and she understands her legal rights before proceeding with the abortion.

9. Does South Dakota require waiting periods for abortions?

Yes, South Dakota requires a 72 hour waiting period for abortions.

10. Are there any laws requiring ultrasounds before abortions in South Dakota?

Yes, there are laws requiring ultrasounds before abortions in South Dakota. In 2011, the South Dakota legislature passed House Bill 1217, which requires that abortion providers perform an ultrasound before performing an abortion. The bill also requires that a woman be given the opportunity to view the ultrasound, hear the fetal heartbeat, and receive a printed copy of the images. The bill went into effect in July 2011.

11. Does South Dakota have any bans on sex-selective abortions?

Yes, South Dakota has a ban on sex-selective abortions. The state’s abortion law states that no abortion may be performed if it is obtained solely because of the sex of the unborn child.

12. Are there restrictions on public funding of abortions in South Dakota?

Yes. South Dakota restricts public funding of abortions, with exceptions in cases of rape, incest, or when the life of the mother is in danger.

13. Does South Dakota have any laws regulating the sale of abortifacients (drugs that induce abortion)?

Yes. South Dakota law prohibits the sale of any drug that is known to cause or contribute to an induced abortion.

14. Does South Dakota require counselling before an abortion procedure?

Yes, South Dakota requires counseling before an abortion procedure. The counseling must be done in person at least 72 hours before the abortion is performed. The counseling must include the distribution of printed materials which include information on the development of the unborn child, a list of agencies which offer alternatives to abortion, and medical information related to the risks of abortion and childbirth.

15. Are there any regulations on the disposal of fetal remains after an abortion procedure in South Dakota?

Yes, there are regulations on the disposal of fetal remains after an abortion procedure in South Dakota. The South Dakota Department of Health requires that all fetal remains be either buried or cremated. The funeral director or abortion provider must obtain written consent from the patient before disposing of the fetal remains.

16. Does South Dakota recognize any conscientious objection rights for health care providers who object to performing abortions?

Yes, South Dakota recognizes conscientious objection rights for health care providers who object to performing abortions. Clinics must provide notice of their conscientious objection policy to all patients who seek abortion care. The state also requires hospitals to provide abortion services even if the hospital itself objects to the procedure.

17. Does South Dakota have any laws protecting healthcare providers from being discriminated against for participating in abortion procedures?

No, South Dakota does not have any laws specifically protecting healthcare providers from being discriminated against for participating in abortion procedures.

18. Are there any laws concerning the transportation of minors across state lines to obtain abortions in South Dakota?

Yes, there are laws concerning the transportation of minors across state lines to obtain abortions in South Dakota. According to South Dakota Code § 34-23A-17, any person who transports a minor across state lines for the purpose of obtaining an abortion without first obtaining either the written consent of both parents of the minor or a court order authorizing the abortion is guilty of a Class 1 misdemeanor.

19. Are there restrictions on the use of telemedicine for abortion services in South Dakota?

Yes, there are restrictions on the use of telemedicine for abortion services in South Dakota. Telephone, video conferencing, or other electronic means of communication may only be used with the physician performing the abortion being physically present within the same room as the pregnant woman, with appropriate informed consent being obtained in-person.

20. Does South Dakota have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions?

No, South Dakota does not have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions. However, the state does have laws that criminalize the solicitation or attempted performance of an abortion by someone other than a medical doctor.