{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-sc","type":"legislation","level":"state","jurisdiction":"South Carolina","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Six-week 'heartbeat' ban in effect","summary":"Abortion is legal until cardiac activity is detected—generally at about six weeks of pregnancy—and is prohibited thereafter with limited exceptions.","machine_readable_summary":{"legal_classification":"gestational_limit","gestational_limit_weeks":6,"limit_measured_from":"last_menstrual_period","abortion_currently_available":"severely_restricted","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":true,"personhood_contradiction":true,"medication_abortion_distinct_status":false,"mailing_pills_banned":true,"method_bans":["d_and_x"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Felony, up to 2 years imprisonment and $10,000 fine","helpers_criminally_exposed":"unclear","travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":24,"state_scripted_counseling":true,"ultrasound_required":"mandatory_display","in_person_visits_required":2,"parental_involvement":"consent_one_parent","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"hyde_only","private_insurance_restricted":true,"state_funding_posture":"defunds_providers","rape_incest_exception":true,"exceptions_present":["life","physical_health","rape","incest","fatal_fetal_anomaly","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/sc.html","markdown":"https://www.abhortion.org/legislation/sc.md","summary_json":"https://www.abhortion.org/legislation/sc.json","full_json":"https://www.abhortion.org/legislation/sc-full.json","verbose_json":"https://www.abhortion.org/legislation/sc-verbose.json"},"overview":{"title":"Six-week 'heartbeat' ban in effect","summary":"Abortion is legal until cardiac activity is detected—generally at about six weeks of pregnancy—and is prohibited thereafter with limited exceptions.","description":"South Carolina enforces a law that bans almost all abortions once medical professionals can detect cardiac activity, which typically happens around six weeks from the first day of the person's last menstrual period. Before that point, abortion is legal but subject to a mandatory 24-hour waiting period, an ultrasound, and in-person counseling. After cardiac activity is detected, abortion is only allowed in cases of medical emergency to save the pregnant person's life or prevent serious and irreversible bodily harm, rape or incest (up to 12 weeks of pregnancy), or a fatal fetal anomaly. The pregnant person herself cannot be criminally prosecuted under the abortion law.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-630"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-610"},{"name":"Justia","href":"https://law.justia.com/cases/south-carolina/supreme-court/2025/28280.html"},{"name":"South Carolina Legislature","href":"https://www.scstatehouse.gov/scconstitution/A01.pdf"}]},"sections":{"definitions":{"title":"Broad definition; excludes some miscarriage care","summary":"South Carolina defines abortion broadly as any act intended to terminate a clinically diagnosable pregnancy with knowledge it will likely cause death of the unborn child, but excludes removal of a dead unborn child or acts to save the child's life.","description":"Under South Carolina law, an abortion is any use of instruments, medicine, or other means intended to end a pregnancy when the person knows it will likely cause the death of the unborn child. The definition does not include procedures done to save the life or preserve the health of the unborn child, or to remove a dead unborn child. A 'clinically diagnosable pregnancy' means a pregnancy that can be detected by the presence of the pregnancy hormone hCG. Ectopic pregnancies, molar pregnancies, blighted ova, and miscarriages are specifically carved out and treated as medical conditions that are not abortions when managed appropriately.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-10"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-610"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-640"}]},"current_status":{"title":"Six-week ban in effect since August 2023","summary":"The Fetal Heartbeat and Protection from Abortion Act (2023 Act No. 70) prohibits abortion after cardiac activity is detected, generally about six weeks LMP, and has been enforced since the South Carolina Supreme Court upheld it on August 23, 2023.","description":"Since August 23, 2023, South Carolina has enforced a law that bans abortion once a medical professional can detect cardiac activity through ultrasound, which typically occurs around six weeks of pregnancy. Before cardiac activity is detected, abortion is legal but subject to significant procedural hurdles: a 24-hour waiting period after in-person counseling, a mandatory ultrasound with images displayed, and informed written consent. After cardiac activity is detected, abortion is only permitted in narrow circumstances: to prevent the pregnant person's death or a serious and irreversible impairment of a major bodily function; when the pregnancy results from rape or incest (up to 12 weeks); or when the fetus has a fatal anomaly incompatible with life after birth.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-630"},{"name":"South Carolina Legislature","href":"https://www.scstatehouse.gov/code/t44c041.php"},{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/maps/abortion-laws-by-state/south-carolina"}]},"enforcement_status":{"title":"Actively enforced; no injunction","summary":"The six-week ban is fully in force; the South Carolina Supreme Court vacated the preliminary injunction against the 2023 Act on August 23, 2023, and affirmed its constitutionality on May 14, 2025. No federal injunction blocks the law.","description":"South Carolina's six-week abortion ban is fully enforceable and is being enforced. The state's highest court first blocked an earlier version of the law in January 2023, finding that it violated the state constitution's right to privacy. The legislature then passed a revised version in May 2023, and the South Carolina Supreme Court allowed that revised version to take effect on August 23, 2023. On May 14, 2025, the Court issued a final ruling upholding the law. No other court order currently prevents enforcement.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/south-carolina/supreme-court/2025/28280.html"},{"name":"South Carolina Supreme Court","href":"https://reproductiverights.org/maps/abortion-laws-by-state/south-carolina"}]},"exceptions":{"life":{"title":"Life exception with documentation requirements","type":"life","summary":"Abortion is permitted after cardiac activity if necessary to prevent the pregnant woman's death or a serious risk of substantial and irreversible impairment of a major bodily function.","description":"South Carolina law allows abortion after the six-week point if the pregnancy creates a medical emergency that threatens the pregnant person's life or poses a serious risk of substantial and irreversible damage to a major bodily function. Emotional and psychological conditions do not count. The physician must document in writing the medical condition, the rationale for the abortion, and the efforts made to preserve the unborn child's life if possible. Certain conditions like ectopic pregnancy, severe preeclampsia, and uterine rupture are specifically recognized as qualifying medical emergencies.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-640"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-610"}]},"physical_health":{"title":"Physical health exception (serious and irreversible)","type":"physical_health","summary":"Abortion is permitted to prevent serious risk of a substantial and irreversible impairment of a major bodily function, excluding psychological or emotional conditions.","description":"The physical health exception allows abortion after six weeks only for conditions that threaten serious, substantial, and irreversible damage to a major bodily function—not for less serious health concerns. Psychological or emotional health conditions are explicitly excluded. The physician must document the medical justification in the patient's records and, when an unborn child is alive in utero, must make reasonable efforts to preserve its life.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-640"}]},"mental_health":{"title":"No mental health exception","type":"mental_health","summary":"South Carolina law explicitly excludes psychological and emotional conditions from qualifying as a medical emergency or health risk for the purpose of the abortion ban exception.","description":"South Carolina does not permit an abortion based on threats to mental health alone. In every exception that allows an abortion after cardiac activity is detected, the law states that psychological and emotional conditions do not count. A pregnant person whose mental health is severely affected by continuing a pregnancy cannot obtain a legal abortion after cardiac activity is detected on that basis.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-610"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-640"}]},"rape":{"title":"Rape exception up to 12 weeks with law enforcement report","type":"rape","summary":"Abortion is permitted after cardiac activity if the pregnancy resulted from rape and the gestational age is not more than 12 weeks, but the physician must report the allegation to the sheriff within 24 hours.","description":"If a pregnancy is the result of rape, an abortion is allowed up to 12 weeks of pregnancy even after cardiac activity has been detected. However, the law requires the physician to report the allegation of rape to the local sheriff within 24 hours of performing the abortion, including the pregnant person's name and contact information. The physician must tell the patient before the abortion that this report will be made. This mandatory law enforcement reporting may deter some survivors from using this exception.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-650"}]},"incest":{"title":"Incest exception up to 12 weeks with law enforcement report","type":"incest","summary":"Abortion is permitted after cardiac activity if the pregnancy resulted from incest and the gestational age is not more than 12 weeks; the same mandatory law enforcement reporting requirement applies.","description":"If a pregnancy results from incest, an abortion is allowed up to 12 weeks of pregnancy after cardiac activity is detected. As with the rape exception, the physician must report the allegation of incest to the local sheriff within 24 hours, including the pregnant person's name and contact information, and must inform the patient of this report before the abortion.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-650"}]},"fatal_fetal_anomaly":{"title":"Fatal fetal anomaly exception with documentation","type":"fatal_fetal_anomaly","summary":"Abortion is permitted after cardiac activity if a fatal fetal anomaly exists—a profound and irremediable congenital or chromosomal anomaly incompatible with sustaining life after birth.","description":"A person can obtain an abortion after cardiac activity is detected if the fetus has been diagnosed with a condition that is incompatible with life after birth—a fatal fetal anomaly. This covers profound and irremediable congenital or chromosomal anomalies that would prevent the baby from surviving, whether or not life-preserving treatment is attempted. The physician must document the nature of the anomaly and the medical rationale in the patient's records.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-610"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-660"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic/miscarriage management expressly permitted","type":"ectopic_miscarriage_carveout","summary":"Treatment of ectopic pregnancy, miscarriage, intrauterine fetal demise, and several other specified conditions is explicitly carved out and not a violation of the abortion ban.","description":"South Carolina law specifically lists medical conditions—ectopic pregnancy, miscarriage, intrauterine fetal demise, molar pregnancy, blighted ovum, severe preeclampsia, HELLP syndrome, placental abruption, severe trauma, and uterine rupture—whose treatment is not considered an abortion and does not violate the ban. Doctors can treat these conditions without fear of prosecution.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-640"}]}},"methods":{"procedural_surgical":{"title":"Procedural abortion legal before cardiac activity; D&X banned","summary":"Procedural abortion is legal until cardiac activity is detected (~6 weeks), after which the ban applies with exceptions; South Carolina also has a separate ban on partial-birth abortion (intact D&X).","description":"Surgical or procedural abortion is legal in South Carolina during the window before cardiac activity can be detected—generally up to about six weeks of pregnancy. After that point, only the narrow exceptions apply. Separately, South Carolina law bans a specific late-term procedure known as intact dilation and extraction (sometimes called partial-birth abortion) regardless of gestational age, though this ban is largely subsumed by the federal Partial-Birth Abortion Ban Act and the state's own heartbeat restriction. There is no separate state-law ban on standard dilation and evacuation (D&E) procedures.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-85"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-630"}]},"medication":{"title":"Medication abortion equally restricted; mailing banned","summary":"Medication abortion (mifepristone/misoprostol) is subject to the same six-week heartbeat ban as procedural abortion, must be provided in person by a physician, and mailing abortion-inducing drugs is prohibited.","description":"Medication abortion—using pills such as mifepristone and misoprostol—is treated the same as surgical abortion under South Carolina law. It is legal only before cardiac activity is detected (usually around six weeks of pregnancy), and only when prescribed and dispensed by a physician in person. South Carolina law makes it illegal for anyone to send abortion-inducing drugs by mail, courier, or any delivery service into or within the state. Telehealth prescribing of abortion medication is prohibited. In practice, these restrictions mean that a person seeking medication abortion in South Carolina must make at least two in-person clinic visits: one for the mandatory counseling and ultrasound, and a second after the 24-hour waiting period to receive the medication.","verification":"verify_before_publication","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-610"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-690"},{"name":"SC Daily Gazette","href":"https://scdailygazette.com/2026/02/04/bill-targeting-telehealth-abortions-passes-house-some-republicans-wanted-more"}]},"self_managed":{"title":"Self-managed abortion: mother not prosecutable under abortion chapter","summary":"A pregnant person who self-manages an abortion cannot be criminally prosecuted under South Carolina's abortion chapter, but other criminal laws could theoretically apply absent the express exemption's scope.","description":"Under South Carolina law, a pregnant person cannot be criminally prosecuted for having an abortion in violation of the state's abortion laws, and cannot be sued for civil damages for the abortion. This means that if someone obtains pills on their own and ends a pregnancy at home, they are not subject to prosecution under the abortion chapter. However, other areas of criminal law—such as drug possession laws, fetal homicide statutes, or child endangerment laws—have not been definitively tested in this context. The express exemption applies only to the abortion chapter, not to other criminal or regulatory codes.","verification":"verified","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-670"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-680"}]}},"actors":{"who_may_perform":{"title":"Physician-only; no APCs authorized","summary":"Only a licensed physician may perform or induce an abortion in South Carolina; advanced practice clinicians, nurses, and other non-physician providers are not authorized.","description":"In South Carolina, only a licensed medical doctor (physician) can legally perform an abortion. Nurse practitioners, physician assistants, certified nurse-midwives, and other advanced practice clinicians cannot perform abortions or prescribe abortion medication, even though they may be authorized to provide other types of reproductive care.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-10"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-610"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt from abortion-chapter prosecution and civil damages","summary":"The pregnant woman cannot be criminally prosecuted under the abortion chapter and no civil damages can be assessed against her, but her exemption may not extend to other criminal statutes.","description":"The pregnant person is expressly shielded from criminal prosecution under South Carolina's abortion laws. She cannot be charged with violating, attempting to violate, or conspiring to violate the abortion ban. She also cannot be sued for civil damages, costs, or attorney's fees based on an abortion performed in violation of the law. This protection is limited to the abortion chapter of the code—it does not necessarily protect against prosecution under other laws, such as drug possession statutes.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-670"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-680"}]},"physician":{"title":"Felony, up to 2 years, $10,000 fine, license revocation","summary":"A physician who violates the ban commits a felony punishable by up to 2 years' imprisonment, a $10,000 fine, or both, and faces mandatory license revocation.","description":"A doctor who performs an abortion after cardiac activity is detected outside one of the exceptions commits a felony. The maximum penalty is two years in prison, a $10,000 fine, or both. In addition, the physician's medical license must be revoked by the State Board of Medical Examiners after due process. The doctor also faces civil liability: the pregnant person can sue for actual and punitive damages plus $10,000 in statutory damages per violation.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-630"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-690"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-680"}]},"prescriber_pharmacist":{"title":"License revocation for non-physicians; felony exposure","summary":"Any professionally licensed person who violates the abortion ban commits unprofessional conduct and faces immediate license revocation; a non-physician who performs or induces an abortion faces the same felony penalty.","description":"A pharmacist, nurse practitioner, or other licensed professional who prescribes, dispenses, or administers abortion medication in violation of the ban faces mandatory license revocation plus the felony penalty—up to two years in prison, a $10,000 fine, or both. This includes filling an out-of-state prescription for abortion medication that would be illegal under South Carolina law.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-690"}]},"nurses_and_staff":{"title":"Staff exposed as accomplices or principals; license revocation","summary":"Nurses, clinic staff, and ultrasound technicians who participate in an illegal abortion face accomplice liability under general criminal law and mandatory license revocation under § 44-41-690.","description":"Nurses and clinic staff who assist with an abortion that violates the six-week ban could face criminal liability as accomplices under South Carolina's general criminal law. Any staff member who holds a professional license also faces mandatory license revocation. The abortion ban applies to 'any person,' not just the physician, meaning staff who directly participate could be charged as principals.","verification":"verified","confidence":"medium","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-630"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-690"}]},"other_helpers":{"title":"Helpers face uncertain criminal exposure","summary":"People who assist a pregnant person—by driving, funding, or otherwise facilitating an illegal abortion—may face accomplice liability under general criminal law; the extent of prosecutorial practice is unknown.","description":"A friend who drives someone to an out-of-state appointment, a parent who pays for the procedure, or an employer who reimburses travel expenses could theoretically face criminal charges as an accomplice to an illegal abortion under South Carolina law. However, the law's focus is primarily on providers, and no known prosecutions of helpers have been brought. The existing six-week ban does not contain an explicit 'aiding and abetting' provision targeting helpers, but general criminal law principles of accomplice liability apply.","verification":"verify_before_publication","confidence":"low"}}},"aiding_and_assisting":{"travel_assistance":{"title":"No 'abortion trafficking' law; travel assistance not explicitly criminalized","summary":"South Carolina has not enacted an 'abortion trafficking' or travel-ban statute; helping someone travel out of state for an abortion is not expressly criminalized.","description":"South Carolina law does not specifically prohibit helping someone travel to another state to obtain an abortion. There is no law making it a crime to transport a minor across state lines for an abortion, and no 'abortion trafficking' statute of the kind adopted in some other states. While general criminal law principles could theoretically apply, no such prosecutions have been brought.","verification":"not_applicable","confidence":"high"},"funding":{"title":"Funding assistance not expressly criminalized; subject to general accomplice law","summary":"South Carolina does not separately criminalize paying for or funding an abortion or abortion-related travel; general accomplice-liability theories are theoretically applicable but untested.","description":"There is no specific law in South Carolina that makes it a crime to pay for someone's abortion or abortion-related travel. Abortion funds, employers who provide travel benefits for reproductive care, and individuals who help pay for a procedure are not expressly targeted by the current law. However, as with other forms of assistance, the general criminal code's accomplice provisions could theoretically apply, though no such prosecution has been brought.","verification":"not_applicable","confidence":"medium"},"mailing_pills":{"title":"Mailing abortion pills prohibited","summary":"It is illegal for providers in South Carolina to send abortion-inducing drugs by mail, courier, or delivery service into or within the state; H. 4760 would further criminalize distribution.","description":"Sending abortion medication by mail into South Carolina or within South Carolina is against the law. This prohibition targets providers and distributors, not the pregnant person receiving the medication. The prohibition on mailing is part of the broader restrictions on medication abortion. A pending bill (H. 4760), which passed the House in February 2026, would classify mifepristone and misoprostol as Schedule IV controlled substances, taking the restrictions further.","verification":"verify_before_publication","confidence":"medium","sources":[{"name":"SC Daily Gazette","href":"https://scdailygazette.com/2026/02/04/bill-targeting-telehealth-abortions-passes-house-some-republicans-wanted-more"},{"name":"South Carolina Legislature","href":"https://www.scstatehouse.gov/sess126_2025-2026/bills/4760.htm"}]},"providing_information":{"title":"Providing information not criminalized under current law","summary":"South Carolina does not currently criminalize providing information about abortion, referrals, or websites; First Amendment protections would likely apply to any attempt.","description":"There is no South Carolina law that makes it a crime to provide someone with information about how or where to obtain an abortion, including referrals, websites, or counseling. The pending Unborn Child Protection Act (S. 323) proposes to criminalize providing information about obtaining an abortion via internet or phone, but it has not been enacted.","verification":"not_applicable","confidence":"high","sources":[{"name":"ACLU of South Carolina","href":"https://www.aclusc.org/legislation/total-abortion-ban-s-323"}]},"civil_bounty":{"title":"No SB8-style private civil bounty","summary":"South Carolina has not enacted a Texas SB8-style private civil enforcement mechanism; the civil action in § 44-41-680 is limited to specific plaintiffs.","description":"South Carolina does not have a law like Texas's SB8 that allows any private citizen to sue anyone involved in an abortion for a cash bounty. The civil lawsuit provision in South Carolina's law is far narrower: only the pregnant person herself, her parent or guardian if she is a minor, a local prosecutor, or the state Attorney General can sue. The pregnant woman cannot be sued.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-680"}]}},"procedural_requirements":{"waiting_period":{"title":"24-hour mandatory waiting period","summary":"South Carolina imposes a 24-hour mandatory waiting period between the informed consent counseling and the abortion procedure.","description":"Once a person has received the legally required counseling and given informed written consent, they must wait at least 24 hours before the abortion can be performed. This means that a person cannot complete an abortion in a single clinic visit; the counseling visit and the procedure visit must be on separate days.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-330"}]},"mandatory_counseling":{"title":"State-scripted informed consent counseling required","summary":"South Carolina mandates state-scripted counseling that includes information about the nature and risks of the procedure, the probable gestational age, fetal development, and alternatives to abortion.","description":"Before an abortion, the pregnant person must receive in-person counseling that covers specific state-mandated topics: the nature of the procedure and its risks, the probable gestational age of the fetus, information about fetal development, the medical assistance available if the pregnancy is carried to term, and alternatives to abortion. The counseling must be provided by the physician who is to perform the abortion or by a referring physician or allied health professional.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-330"}]},"ultrasound_requirement":{"title":"Ultrasound mandatory; images must be displayed","summary":"An obstetric ultrasound must be performed before every abortion, the images must be displayed so the pregnant woman can view them, and a written description of any fetal heartbeat must be recorded.","description":"Before any abortion, the clinic must perform an ultrasound and show the images to the pregnant person. The person is not required to look, but the images must be displayed where she can view them. The provider must also record a written description of the ultrasound images, including whether a fetal heartbeat is present and viewable.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-630"}]},"in_person_visits":{"title":"Two in-person visits required","summary":"The combined requirements of in-person counseling, mandatory ultrasound, and 24-hour waiting period compel at least two in-person clinic visits for an abortion.","description":"Because the law requires both in-person counseling (with the ultrasound performed and displayed) and a 24-hour waiting period before the procedure, a person seeking an abortion in South Carolina must physically visit the clinic at least twice: once for the counseling and ultrasound, and again at least 24 hours later for the abortion procedure itself. There is no way to satisfy these requirements through a single visit or through telehealth.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-330"}]}},"minors":{"parental_involvement":{"title":"One-parent consent required for minors","summary":"A minor under 17 must obtain the written consent of one parent or legal guardian before an abortion, unless she obtains a judicial bypass or faces a medical emergency.","description":"In South Carolina, anyone under age 17 must have written consent from one parent or legal guardian to get an abortion. This requirement can be waived in a medical emergency. Emancipated minors—those who are married or have been freed from parental control by a court order—are not required to obtain parental consent.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-31"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-10"}]},"judicial_bypass":{"title":"Judicial bypass available","summary":"A minor may petition a family court or circuit court for a waiver of the parental consent requirement; the court must act within 72 hours and may grant the bypass on maturity or best-interests grounds.","description":"If a minor does not want to or cannot involve a parent, she can ask a court for permission to get an abortion without parental consent. This is called a judicial bypass. The court must rule quickly—within 72 hours—and may grant the request if it finds the minor is mature enough to decide on her own, or if an abortion is in her best interests. The minor's identity and the proceedings are confidential, and she has the right to appeal if the court denies her request.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-32"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal or paternal consent/notice law","summary":"South Carolina has no statute requiring the consent of or notice to a spouse or the father of the unborn child before an abortion.","description":"South Carolina law does not require a married person to get their spouse's permission or to tell their spouse before having an abortion. It also does not require the consent of the person who caused the pregnancy. The only consent requirement involving a third party is the parental consent requirement for minors.","verification":"not_applicable","confidence":"high"},"enforceability":{"title":"No spousal law to enforce","summary":"Because South Carolina has no spousal consent or notice statute, the enforceability question under Danforth and Casey does not arise; Dobbs does not change this since no such statute exists.","description":"South Carolina does not have a spousal involvement law on the books, so there is nothing to enforce or to analyze for constitutionality. The U.S. Supreme Court's Dobbs decision giving states more leeway to restrict abortion does not change the fact that no spousal-consent or spousal-notice statute exists in South Carolina.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"Father has no statutory abortion-veto rights","summary":"The father of an unborn child has no right to veto or be notified of an abortion under South Carolina law; standing for wrongful-death suits is limited to viable fetuses.","description":"Under South Carolina law, the biological father has no legal right to prevent an abortion, to be notified of one, or to consent to one. The father may bring a wrongful-death claim for a viable fetus that is killed by a third party's negligence, but a nonviable stillborn fetus cannot be the basis for a wrongful-death action under Crosby v. Glasscock Trucking Co. (2000).","verification":"verified","confidence":"high","sources":[{"name":"South Carolina Judicial Department","href":"https://www.sccourts.org/opinions/htmlfiles/SC/25132.htm"},{"name":"Justia","href":"https://law.justia.com/cases/south-carolina/supreme-court/1964/18259-1.html"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide recognized; mother exempt","summary":"South Carolina law classifies the killing of an unborn child at any stage of development as homicide when done by a third party, but expressly exempts the pregnant woman and legal abortions.","description":"South Carolina has a fetal homicide law that makes it a crime to kill an unborn child. This law applies at any stage of fetal development, from conception onward. It does not apply to the pregnant woman herself in relation to her own pregnancy, nor does it apply to legal abortions. The law is meant to cover situations like a violent assault on a pregnant person that results in the loss of the pregnancy.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-16/chapter-3/section-16-3-1083"}]},"wrongful_death":{"title":"Wrongful death for viable fetuses only","summary":"A civil wrongful-death claim can be brought for a viable stillborn fetus under Fowler v. Woodward (1964), but not for a nonviable stillborn fetus under Crosby v. Glasscock Trucking Co. (2000).","description":"If a third party's wrongful act causes the death of a fetus that could have survived outside the womb (a viable fetus), the family can bring a wrongful-death lawsuit. If the fetus was not yet viable—meaning it could not have survived outside the womb—the South Carolina Supreme Court has ruled that a wrongful-death claim is not available.","verification":"verified","confidence":"high","sources":[{"name":"South Carolina Judicial Department","href":"https://www.sccourts.org/opinions/htmlfiles/SC/25132.htm"},{"name":"Justia","href":"https://law.justia.com/cases/south-carolina/supreme-court/1964/18259-1.html"}]},"personhood_definition":{"title":"Statutory personhood language: 'unborn child' from conception","summary":"The Fetal Heartbeat Act defines 'unborn child' as 'an individual organism of the species homo sapiens from conception until live birth,' and 'pregnant' as 'having a living unborn child within her body.'","description":"South Carolina law uses language that treats the unborn as a distinct human being from the moment of conception. The law defines an 'unborn child' as an individual human organism from conception until live birth, and defines a pregnant person as someone carrying a 'living unborn child.' These definitions apply throughout the state's fetal heartbeat law and inform the reasoning behind the abortion restrictions.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-610"}]},"contradictions_analysis":"South Carolina's law embodies a deep internal contradiction. On one hand, § 44-41-610(14) defines the 'unborn child' as a human organism from the moment of conception, and § 44-41-610(11) defines a 'pregnant' person as carrying a 'living unborn child.' The fetal homicide statute (§ 16-3-1083) criminalizes the killing of an unborn child at any stage of development. On the other hand, the same code permits abortion without restriction before cardiac activity is detected (roughly six weeks), and even after that point permits it under exceptions for rape, incest, fatal fetal anomaly, and threats to the mother's life or health. The pregnant woman is expressly exempt from prosecution (§ 44-41-670), and the fetal homicide law itself contains an express abortion defense (§ 16-3-1083(C)(1)). The wrongful-death cases draw a viability line—a nonviable stillborn fetus cannot sustain a wrongful-death action (Crosby, 2000), while a viable one can (Fowler, 1964)—which is inconsistent with a from-conception personhood theory. The overall scheme treats the unborn as a person worthy of homicide-law protection when killed by a third party, but as subordinate to the pregnant woman's interests in the abortion context. A true from-conception personhood regime would prohibit all abortion and would not exempt the mother—exactly the position of the pending but unenacted H. 3537 (Prenatal Equal Protection Act)."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth abortion prescribing not permitted","summary":"South Carolina law prohibits the prescribing of abortion medication via telehealth; the physician must be physically present with the patient for the informed-consent process and the medication dispensing.","description":"A person in South Carolina cannot obtain a prescription for abortion medication through a phone or video appointment. The law requires the physician to be physically present with the patient for the mandatory counseling and ultrasound, and the medication must be dispensed in person. This applies whether the telehealth provider is in South Carolina or in another state.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-330"}]},"out_of_state_travel":{"title":"Out-of-state travel for abortion is lawful","summary":"South Carolina does not prohibit residents from traveling out of state to obtain an abortion, and no statute purports to reach conduct occurring entirely in another state.","description":"A South Carolina resident who travels to another state—such as North Carolina or Virginia—to obtain an abortion that is legal there is not violating South Carolina law. South Carolina has not enacted a law that tries to penalize its residents for obtaining lawful medical care in another jurisdiction.","verification":"not_applicable","confidence":"high"},"shield_or_hostile_laws":{"title":"No shield law; not a shield state","summary":"South Carolina is a restrictive state that has not enacted any law shielding abortion providers or patients from out-of-state investigations, subpoenas, extradition requests, or adverse licensing actions.","description":"South Carolina has not passed any protection for abortion providers or patients against legal actions from other states. It is not a 'shield state' like New York or California. If another state with a restrictive abortion law tries to investigate or prosecute someone who obtained or provided an abortion in South Carolina, South Carolina law offers no specific protection against that.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-90"}]}},"funding_and_insurance":{"medicaid":{"title":"Hyde-only Medicaid coverage; defunding Planned Parenthood","summary":"South Carolina Medicaid covers abortion only in cases of life endangerment, rape, or incest (the federal Hyde Amendment categories); the state also specifically prohibits any state funds from reaching Planned Parenthood for any purpose related to abortion.","description":"South Carolina's Medicaid program follows the federal Hyde Amendment, meaning it only pays for abortions when the pregnancy endangers the pregnant person's life or results from rape or incest. It does not cover abortions in other circumstances, even when medically necessary. Additionally, state law specifically bars Planned Parenthood from receiving any state funds for abortion-related services, and the U.S. Supreme Court has now allowed South Carolina to exclude Planned Parenthood from Medicaid entirely.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-90"},{"name":"SCOTUSblog","href":"https://www.scotusblog.com/2025/06/court-decides-against-planned-parenthood"}]},"private_insurance":{"title":"Private insurance coverage restricted","summary":"South Carolina prohibits qualified health plans offered through the ACA exchange from covering abortion except in cases of life endangerment, rape, or incest.","description":"Private health insurance plans sold through South Carolina's Affordable Care Act marketplace cannot cover abortion except when the pregnant person's life is endangered by a physical disorder or injury, or when the pregnancy results from rape or incest. This restriction applies to all qualified health plans on the state exchange.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-38/chapter-71/section-38-71-238"}]},"exchange_plans":{"title":"ACA exchange plans barred from covering abortion","summary":"South Carolina prohibits all qualified health plans on the state's ACA marketplace from covering abortion except when the mother's life is endangered or the pregnancy results from rape or incest.","description":"If you buy health insurance through South Carolina's Affordable Care Act marketplace, your plan cannot cover abortion unless the pregnancy threatens your life or results from rape or incest. This is a state-law restriction that goes beyond what federal law requires—South Carolina chose to impose this ban on all exchange plans.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-38/chapter-71/section-38-71-238"}]},"state_funding_of_providers":{"title":"State defunds abortion providers","summary":"South Carolina prohibits state funds from going to Planned Parenthood for any abortion-related purpose and restricts state health plan funds to Hyde exceptions only.","description":"South Carolina has taken active steps to cut off state funding from abortion providers. The law specifically bars any state money from going to Planned Parenthood for abortion services or any administrative functions related to abortion. State employee health insurance cannot cover abortion outside the narrow exceptions for life, rape, and incest.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-90"}]}}},"penalties":[{"actor":"Physician (abortion provider)","offense":"Performing or inducing an abortion after fetal heartbeat detection outside permitted exceptions (felony)","penalty":"Up to 2 years imprisonment, $10,000 fine, or both; mandatory license revocation; civil liability for actual damages, punitive damages, and $10,000 statutory damages per violation","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-630"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-690"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-680"}]},{"actor":"Other licensed professional (nurse, pharmacist, etc.)","offense":"Intentionally, knowingly, or recklessly violating the abortion prohibition (felony and unprofessional conduct)","penalty":"Up to 2 years imprisonment, $10,000 fine, or both; mandatory license revocation by appropriate licensing board","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-690"},{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-630"}]},{"actor":"Pregnant woman","offense":"No criminal offense under the abortion chapter; expressly immune from prosecution and civil penalties under this article","penalty":"None under the abortion chapter; theoretical exposure under other criminal statutes untested","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-670"}]},{"actor":"Entity owning medical records","offense":"Failure to maintain required documentation for the statutory retention period","penalty":"Up to $50,000 fine (entity) or up to $10,000 fine and up to 2 years imprisonment (individual owner)","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-640"}]}],"recent_changes":[{"date":"2022-06-24","event":"U.S. Supreme Court issues Dobbs v. Jackson Women's Health Organization, overruling Roe v. Wade and Casey. South Carolina's 2021 Fetal Heartbeat Act, which had been preliminarily enjoined by a federal district court, is no longer blocked by federal constitutional law; the federal injunction dissolves.","sources":[{"name":"U.S. Supreme Court","href":"https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf"}]},{"date":"2023-01-05","event":"South Carolina Supreme Court strikes down the 2021 Fetal Heartbeat Act as violating Art. I, § 10 of the state constitution (right to privacy), in Planned Parenthood South Atlantic v. State.","sources":[{"name":"South Carolina Supreme Court","href":"https://reproductiverights.org/maps/abortion-laws-by-state/south-carolina"}]},{"date":"2023-05-25","event":"South Carolina General Assembly passes and Governor signs 2023 Act No. 70 (S.474), the revised Fetal Heartbeat and Protection from Abortion Act, with new provisions including a list of presumptively qualifying medical conditions, updated informed consent requirements, and state funding restrictions targeting Planned Parenthood.","sources":[{"name":"South Carolina Legislature","href":"https://www.scstatehouse.gov/code/t44c041.php"}]},{"date":"2023-08-23","event":"South Carolina Supreme Court vacates the preliminary injunction against the 2023 Act, allowing the six-week ban to take effect immediately.","sources":[{"name":"Center for Reproductive Rights","href":"https://reproductiverights.org/maps/abortion-laws-by-state/south-carolina"}]},{"date":"2025-05-14","event":"South Carolina Supreme Court issues final merits opinion in Planned Parenthood South Atlantic v. South Carolina (Op. No. 28280), affirming the 2023 Act's constitutionality and interpreting 'fetal heartbeat' as cardiac activity detectable at approximately six weeks of pregnancy.","sources":[{"name":"Justia","href":"https://law.justia.com/cases/south-carolina/supreme-court/2025/28280.html"}]},{"date":"2025-06-26","event":"U.S. Supreme Court decides Medina v. Planned Parenthood South Atlantic, holding that Medicaid beneficiaries lack standing to challenge South Carolina's exclusion of Planned Parenthood from its Medicaid program, effectively allowing the state to defund Planned Parenthood from Medicaid.","sources":[{"name":"SCOTUSblog","href":"https://www.scotusblog.com/2025/06/court-decides-against-planned-parenthood"}]},{"date":"2026-02-03","event":"South Carolina House passes H. 4760, which would classify mifepristone and misoprostol as Schedule IV controlled substances and impose enhanced criminal penalties for their distribution and possession for abortion purposes.","sources":[{"name":"SC Daily Gazette","href":"https://scdailygazette.com/2026/02/04/bill-targeting-telehealth-abortions-passes-house-some-republicans-wanted-more"}]}],"pending_changes":[{"name":"Planned Parenthood South Atlantic v. South Carolina (further appeals or federal challenges)","type":"litigation","status":"The South Carolina Supreme Court issued a final merits decision on May 14, 2025, upholding the law. Potential federal constitutional or statutory challenges (e.g., EMTALA preemption, FDA preemption) remain possible but no federal injunction currently exists.","effect":"A successful federal challenge could block enforcement of the six-week ban or parts of it, particularly in medical-emergency scenarios or regarding medication abortion restrictions.","sources":[{"name":"Justia","href":"https://law.justia.com/cases/south-carolina/supreme-court/2025/28280.html"}]},{"name":"H. 4760 — Abortion-Inducing Drugs (mifepristone/misoprostol as Schedule IV controlled substances)","type":"legislation","status":"Passed South Carolina House on February 3, 2026; pending in Senate.","effect":"If enacted, would classify mifepristone and misoprostol as Schedule IV controlled substances, making possession without a prescription a crime, imposing enhanced penalties for distribution, and further restricting medication abortion beyond the existing framework.","sources":[{"name":"South Carolina Legislature","href":"https://www.scstatehouse.gov/sess126_2025-2026/bills/4760.htm"}]},{"name":"S. 323 — Unborn Child Protection Act (total ban)","type":"legislation","status":"Introduced in 2025; pending in committee.","effect":"Would create a total abortion ban from fertilization with almost no exceptions; would delete the 'fetal heartbeat' provision; would make it a felony to provide information about obtaining an abortion via phone or internet; could expose pregnant women to prosecution in ways the current law does not.","sources":[{"name":"ACLU of South Carolina","href":"https://www.aclusc.org/legislation/total-abortion-ban-s-323"}]},{"name":"H. 3537 — South Carolina Prenatal Equal Protection Act","type":"legislation","status":"Introduced January 2025; had hearing January 14, 2025; pending in Judiciary Committee.","effect":"Would define 'person' to include an unborn child at any stage of development for purposes of homicide and assault laws, effectively treating abortion as homicide and potentially eliminating exceptions for rape, incest, and fatal fetal anomalies; could expose the pregnant woman to prosecution.","sources":[{"name":"South Carolina Legislature","href":"https://www.scstatehouse.gov/sess126_2025-2026/bills/3537.htm"}]}],"key_authorities":[{"name":"Fetal Heartbeat and Protection from Abortion Act (2023 Act No. 70)","citation":"S.C. Code Ann. §§ 44-41-610 through 44-41-700","type":"statute","url":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-610","why":"This is the operative abortion ban in South Carolina: it prohibits abortion after cardiac activity is detected (~6 weeks), establishes ultrasound requirements, sets criminal and civil penalties, and carves out the exceptions for life/health, rape, incest, and fatal fetal anomaly."},{"name":"Planned Parenthood South Atlantic v. South Carolina (May 14, 2025)","citation":"Op. No. 28280 (S.C. Sup. Ct. 2025)","type":"case","url":"https://law.justia.com/cases/south-carolina/supreme-court/2025/28280.html","why":"The most recent South Carolina Supreme Court decision affirming the constitutionality of the six-week ban and interpreting 'fetal heartbeat' as cardiac activity detectable at approximately six weeks."},{"name":"Planned Parenthood South Atlantic v. State (January 2023)","citation":"435 S.C. 600, 892 S.E.2d 121 (2023)","type":"case","url":"https://reproductiverights.org/maps/abortion-laws-by-state/south-carolina","why":"The decision that first recognized a state constitutional privacy right encompassing abortion under Art. I, § 10, and struck down the 2021 version of the heartbeat Act, driving the legislature to revise the law."},{"name":"South Carolina Constitution — Right to Privacy","citation":"S.C. Const. art. I, § 10","type":"constitution","url":"https://www.scstatehouse.gov/scconstitution/A01.pdf","why":"The state constitutional privacy provision that was the basis for striking down the 2021 fetal heartbeat Act; subsequent litigation has tested the limits of this right and found the revised 2023 Act constitutional."},{"name":"Pregnant woman non-prosecution provision","citation":"S.C. Code Ann. § 44-41-670","type":"statute","url":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-670","why":"Expressly exempts the pregnant woman from criminal and civil liability under the abortion chapter."},{"name":"Partial-birth abortion ban","citation":"S.C. Code Ann. § 44-41-85","type":"statute","url":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-85","why":"Prohibits intact D&X (partial-birth abortion) independent of the fetal heartbeat restriction."},{"name":"Fetal homicide statute","citation":"S.C. Code Ann. § 16-3-1083","type":"statute","url":"https://law.justia.com/codes/south-carolina/title-16/chapter-3/section-16-3-1083","why":"Criminalizes the killing of an unborn child at any stage by a third party, while expressly exempting the pregnant woman and legal abortions."},{"name":"Crosby v. Glasscock Trucking Co.","citation":"340 S.C. 626, 532 S.E.2d 856 (2000)","type":"case","url":"https://www.sccourts.org/opinions/htmlfiles/SC/25132.htm","why":"Holds that a nonviable stillborn fetus cannot maintain a wrongful-death action in South Carolina, establishing the viability line for civil recovery."},{"name":"Fowler v. Woodward","citation":"244 S.C. 608, 138 S.E.2d 42 (1964)","type":"case","url":"https://law.justia.com/cases/south-carolina/supreme-court/1964/18259-1.html","why":"Held that a viable stillborn fetus can be the subject of a wrongful-death action, establishing personhood for civil recovery at viability."},{"name":"Insurance coverage restrictions","citation":"S.C. Code Ann. § 38-71-238","type":"statute","url":"https://law.justia.com/codes/south-carolina/title-38/chapter-71/section-38-71-238","why":"Prohibits ACA exchange plans from covering abortion outside Hyde exceptions."},{"name":"State defunding provision","citation":"S.C. Code Ann. § 44-41-90","type":"statute","url":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-90","why":"Prohibits state funds from covering abortion outside Hyde exceptions and specifically bars state funds from reaching Planned Parenthood for any abortion-related purpose."},{"name":"Medina v. Planned Parenthood South Atlantic","citation":"604 U.S. ___ (2025)","type":"case","url":"https://www.scotusblog.com/2025/06/court-decides-against-planned-parenthood","why":"U.S. Supreme Court decision allowing South Carolina to exclude Planned Parenthood from its Medicaid program, with major implications for funding and access."},{"name":"Parental consent and judicial bypass","citation":"S.C. Code Ann. §§ 44-41-31, 44-41-32","type":"statute","url":"https://law.justia.com/codes/south-carolina/title-44/chapter-41/section-44-41-31","why":"Establishes the one-parent consent requirement for minors and the judicial bypass procedure."}],"research_notes":{"overall_confidence":"high","editor_notes":"Re-verify the specific statutory citation for the mailing prohibition on abortion-inducing drugs. The 2026 legislative session produced H. 4760 (passed House Feb. 3, 2026) and S. 323 and H. 3537 (both still pending), any of which would substantially alter this analysis if enacted; check the current status of each before publication. The SC Supreme Court's May 14, 2025 opinion in Planned Parenthood v. South Carolina (Op. No. 28280) should be cited to its official reporter citation once published. Check whether any federal litigation challenging the six-week ban on EMTALA or FDA preemption grounds has been filed since the May 2025 merits decision.","gaps":["The exact code section prohibiting mailing of abortion pills into South Carolina (separate from the general medication abortion restrictions) was not pinpointed to a specific statutory citation; the claim relies on secondary sources. This should be verified against the current code.","Whether the pregnant woman's immunity under § 44-41-670 extends to prosecution under the controlled-substances laws or fetal homicide statute if she self-manages an abortion with medication legally obtained out of state but used in South Carolina is unresolved and untested.","The exact 24-hour waiting period language may be in DHEC regulations rather than in the statutory text itself; § 44-41-330 should be cross-referenced with implementing regulations.","The practical enforcement of the rape/incest exception's mandatory law enforcement reporting requirement—and whether any prosecutions or complaints have resulted—was not investigated.","No comprehensive review of local ordinances affecting abortion clinic access or protest buffer zones was conducted."]}}