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In North Carolina

After Roe, abortion is still allowed in some 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 your state’s post-Roe abortion laws.

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

North Carolina still allows abortions in some situations. 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, now that 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 are 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?

North Carolina bans abortion after 12 weeks. S.B. 20, 2023 Gen. Sess., 1d Sess. (N.C.).

 

Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes, there are exceptions for cases of medical emergencies, rape, and incest. S.B. 20, 2023 Gen. Sess., 1d Sess. (N.C.).

 

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)?

Violations of the 12-week ban are are punishable as professional misconduct; violations of the born alive abortion ban are punishable as a class D felony, which includes a fine of up to $250,000. S.B. 20, 2023 Gen. Sess., 1d Sess. (N.C.).

 

Enforcement

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

A mother, father, or parent of a minor mother may bring an action for damages for a violation of the born alive abortion ban. S.B. 20, 2023 Gen. Sess., 1d Sess. (N.C.).

 

Special standards of care

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

Yes, abortions before 12 weeks must be performed in a hospital, ambulatory surgical center, or clinic certified by the Department of Health and Human Services to be a suitable facility for the performance of abortions. S.B. 20, 2023 Gen. Sess., 1d Sess. (N.C.).

 

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. Hospitals may refuse to provide abortions. S.B. 20, 2023 Gen. Sess., 1d Sess. (N.C.).

 

Babies Born Alive

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

Yes, babies born alive have the same claim to the protection of the law as any other newborn. S.B. 20, 2023 Gen. Sess., 1d Sess. (N.C.).

 

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. S.B. 20, 2023 Gen. Sess., 1d Sess. (N.C.).

 

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. S.B. 20, 2023 Gen. Sess., 1d Sess. (N.C.).

 

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. S.B. 20, 2023 Gen. Sess., 1d Sess. (N.C.).