In North Dakota
After Roe in North Dakota, abortion is illegal in almost all circumstances. Connect with your local family policy council to stay up-to-date on the pro-life movement in your state. Then, keep reading to find out more about your state’s post-Roe abortion laws.
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
North Dakota recently passed a law banning nearly all abortions. S.B. 2150, 68 Legis. Assemb., Reg. Sess. (N.D. 2023)
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Now that Roe is overturned, our top priority is to enact pro-life legislation. We still have interpretative and administrative rules that will need to be worked out. Also, we are focusing on pro-life laws currently enjoined by the courts to decide how to proceed with them.
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
If my state won’t ban all abortions, what are the limits to abortion?
North Dakota bans almost all abortions, so its other, lesser limitations and regulations on abortion are no longer be necessary. N.D. Cent. Code Ann. § 12.1-52-02.
Are there any exceptions to those limitations placed on abortion?
There are exceptions if the abortion is necessary to prevent the mother’s death or serious health risk or if the child is less than 6 weeks old and the pregnancy “resulted from gross sexual imposition, sexual abuse of a ward, or incest.” N.D. Cent. Code Ann. § 12.1-42-03.
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 law are a class C felony. N.D. Cent. Code Ann. § 12.1-52-02.
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
The mother can bring an action for a violation of the consent requirements for up to $10,000 punitive damages. N.D. Cent. Code. § 14-02.1-03.2.
Does my state impose a special medical standard of care on abortion providers?
Yes. When the abortion provider determines that a post-viability abortion is necessary, he or she must take all reasonable steps to preserve the life of the child. N.D. Cent. Code. § 14-02.1-05. Additionally, abortions after 12 weeks must be performed in a licensed hospital. S.B. 2150, 68 Legis. Assemb., Reg. Sess. (N.D. 2023).
Protecting Fundamental Rights
Does my state give parents the right to consent for their child to get an abortion?
Yes. Consent from the minor and both parents 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.D. Cent. Code. § 14-02.1-03.1(1)(a). The law banning almost all abortions renders this provision mostly obsolete.
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes. North Dakota protects the conscience rights of both hospitals and individuals. N.D. Cent. Code. § 23-16-14.
Are there legal protections for babies born alive following a botched abortion in my state?
A physician other than the abortion provider must be standing by, when abortions are performed post-viability to “take control and provide immediate medical care” to the child who survives.  Both physicians have a duty to preserve the life and health of the unborn child in this scenario, as far as possible “in keeping with good medical practice.” N.D. Cent. Code. § 14-02.1-05. A child who survives an abortion is considered a ward of the state if the child’s parents do not claim him/her. N.D. Cent. Code. § 14-02.1-08.
Safety & Health of Women
Does an abortion have to be provided by a licensed physician in my state?
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.  N.D. Cent. Code. § 14-02.1-02.1.
Abortion facilities must display the following on a sign clearly legible: “NOTICE: No one can force you to have an abortion. It is against the law for a spouse, a boyfriend, a parent, a friend, a medical care provider, or any other person to in any way force you to have an abortion.”  N.D. Cent. Code. § 14-02.1-03.4.
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
Yes, a 24-hour waiting period is required. N.D. Cent. Code. § 14-02.1-02(9).
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