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In South Dakota

After Roe, abortion will be illegal in most circumstances. Hear from Family Heritage Alliance 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?

South Dakota bans nearly all abortions after Roe is overturned. It has a “trigger law” that makes it a felony to perform an abortion now that Roe is overturned. S.D. Codified Laws § 22-17-5.1.

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WHAT’S NEXT

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

After Roe is overturned, our top priority in public policy will be to ensure that our trigger law and other laws are written exactly as they need to be to prohibit abortions in South Dakota.

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?

Because South Dakota has a “trigger law” banning almost all abortions that would go into effect immediately after Roe, South Dakota’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary.


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes: The trigger law includes an exception for when an abortion is necessary to save the mother’s life. S.D. Codified Laws § 22-17-5.1.


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 trigger law are a felony. S.D. Codified Laws § 22-17-5.1.


Enforcement

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

Anyone who suffers damages from violations of South Dakota’s abortion laws may bring a civil action to recover for most of them. S.D. Codified Laws § 34-23A-61.

The mother or her survivors may also bring a civil action, for $10,000 in liquidated damages and reasonable attorney’s fees, against the physician who performed the abortion in violation of the 20 week ban and the facility in which it was performed. S.D. Codified Laws § 34-23A-91.


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, notice to one parent 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. This provision would most likely become unnecessary when the trigger law takes effect. S.D. Codified Laws § 34-23A-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, South Dakota protects the conscience rights of individuals. S.D. Codified Laws § 34-23A-12. 

Hospitals cannot be held liable for refusing to perform abortions. S.D. Codified Laws § 34-23A-14.


Babies Born Alive

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

Yes: Children born alive are due the same medical treatment as any other child. S.D. Codified Laws § 34-23A-16.1.

A physician-patient relationship exists with a child who survives an abortion. S.D. Codified Laws § 34-23A-16.1.

The mother who is injured by the physician’s treatment, or lack thereof, of the child born alive, as well as the state, has a special cause of action. S.D. Codified Laws § 34-23A-16.2.


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, South Dakota requires that physicians be licensed to perform abortions. S.D. Codified Laws §§ 34-23A-3; 34-23A-4; 34-23A-5.


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 and consent are required; however, this provision would most likely become unnecessary when the trigger law takes effect. S.D. Codified Laws § 34-23A-10.1; S.D. Codified Laws § 34-23A-55.


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: An abortion can only be scheduled by a licensed physician after the physician has met in person with the pregnant mother, conducted medical and personal assessments, and provided the disclosures and screenings set forth in SDCL 34-23A-56. The abortion can be scheduled no sooner than 72 hours after the initial meeting with the physician; however, this provision would most likely become unnecessary when the trigger law takes effect. S.D. Codified Laws § 34-23A-56.


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