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In North Carolina

After Roe, abortion will still be allowed in many situations. Hear from North Carolina Family Policy Council about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about what abortion law would be in your state after Roe.

After Roe, states will have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!

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THE BIG QUESTION

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

North Carolina will still allow abortions in many situations after Roe is overturned. Read more about North Carolina’s legal restrictions on abortion below.

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WHAT’S NEXT

What is my state’s next step in the fight for life, once Roe is overturned?

Based on the U.S. Supreme Court’s decision in Dobbs, NC Family will work to secure the strongest possible pro-life measures for North Carolina – ideally protecting human life from the moment of conception.

MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

Since 1973, North Carolina has had a law banning abortion after 20 weeks with certain exceptions. N.C. Gen. Stat. Ann. § 14-45.1(b). These exceptions were limited to a “medical emergency” in 2015. H.B. 465, Reg. Sess. (N.C. 2015) Following this change, the law was challenged in court, and in March 2019, a federal district court judge enjoined North Carolina’s 20-week ban saying it violated the “viability” standard established by Roe v. Wade and Planned Parenthood v. Casey.


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes: Both restrictions include exceptions to save the mother’s life or prevent a substantial and irreversible physical impairment of a major bodily function. N.C. Gen. Stat. Ann. § 14-45.1(b), N.C. Gen. Stat. Ann. § 90-21.81(5).


Penalties for performing an illegal abortion

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What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Based on the federal court’s enjoining of North Carolina’s 20-week ban essentially legalizing abortion up to “viability,” performing an abortion after viability would be a class H felony. N.C. Gen. Stat. Ann. § 14-44.


Enforcement

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

A mother, spouse or guardian of a mother, or parent of a minor mother may bring an action for damages for a violation of the ban on sex-selective abortion. N.C. Gen. Stat. Ann. § 90-21.122, S.B.353, Reg. Sess. (N.C. 2013).


Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

No.


Protecting Fundamental Rights

Parents

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Does my state give parents the right to consent for their child to get an abortion?

Yes. Written consent from one parent or a grandparent with whom the mother has been living with for six months is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. N.C. Gen. Stat. Ann. §§ 90-21.7.


Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes: Physicians, nurses, and healthcare providers may refuse to participate in abortions on moral, religious, or ethical grounds. N.C. Gen. Stat. Ann. § 14-45.1(e).


Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

No.


Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

Yes. ​​Physician must be licensed to practice medicine in the state, possesses or is eligible to possess board certification in obstetrics or gynecology, or possesses sufficient training based on established medical standards in safe abortion care, abortion complications, and miscarriage management. N.C. Gen. Stat. Ann. §§ 14-45.1(a) – (b).


Informed consent

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Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

Yes: Counseling is required 72 hours before abortion procedure. N.C. Gen. Stat. Ann. § 90-21.82.


Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

Yes, a 72-hour delay after counseling is required. N.C. Gen. Stat. Ann. § 90-21.82.


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