{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-sd","type":"legislation","level":"state","jurisdiction":"South Dakota","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Total ban; life exception only","summary":"South Dakota enforces a near-total abortion ban with an exception solely to preserve the pregnant woman's life; all other abortions are Class 6 felonies.","machine_readable_summary":{"legal_classification":"total_ban","gestational_limit_weeks":0,"limit_measured_from":null,"abortion_currently_available":"no","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":"unclear","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":true,"mailing_pills_banned":true,"method_bans":["d_and_x"],"telehealth_prescribing_allowed":false,"physician_only_law":true,"provider_max_penalty":"Class 6 felony, 2 years imprisonment and/or $4,000 fine","helpers_criminally_exposed":true,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":false,"waiting_period_hours":72,"state_scripted_counseling":true,"ultrasound_required":"mandatory_offered","in_person_visits_required":2,"parental_involvement":"notification_only","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":false,"exceptions_present":["life","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/sd.html","markdown":"https://www.abhortion.org/legislation/sd.md","summary_json":"https://www.abhortion.org/legislation/sd.json","full_json":"https://www.abhortion.org/legislation/sd-full.json","verbose_json":"https://www.abhortion.org/legislation/sd-verbose.json"},"overview":{"title":"Total ban; life exception only","summary":"South Dakota enforces a near-total abortion ban with an exception solely to preserve the pregnant woman's life; all other abortions are Class 6 felonies.","description":"South Dakota has one of the strictest abortion bans in the United States. Abortion is completely illegal except when a physician determines, using appropriate and reasonable medical judgment, that the procedure is necessary to save the pregnant woman's life. The ban took effect on June 24, 2022, the same day the U.S. Supreme Court overturned Roe v. Wade. There are no exceptions for rape, incest, fetal anomaly, or the health of the mother. Voters rejected a 2024 ballot measure that would have created a state constitutional right to abortion. The state reports zero abortions performed at in-state facilities since the ban took effect. In 2026, the Legislature added new felony penalties for dispensing or advertising abortion pills and clarified that miscarriage management and ectopic pregnancy treatment are not abortions.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.1"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.2"}]},"sections":{"definitions":{"title":"Redefined 2026; miscarriage ectopic carved out","summary":"Statutory definition of abortion in SDCL § 34-23A-1 was amended in 2026 to expressly exclude miscarriage management, ectopic pregnancy treatment, removal of a deceased unborn child, and medical treatment that unintentionally results in pregnancy loss.","description":"South Dakota law defines abortion as the intentional termination of a pregnancy with an intention other than to produce a live birth or to remove a deceased unborn child. In 2026, the Legislature amended the definition to make clear that several medical procedures are not considered abortions under state law: treatment to resolve a miscarriage, removal of an ectopic pregnancy, removal of a deceased unborn child, medical treatment that unintentionally results in the loss of a pregnancy, and any medical procedure intended to save the pregnancy or the health of the unborn child. These clarifications were intended to reassure doctors that they will not face criminal charges for providing these forms of care, though critics argue the law still leaves ambiguity about when a life-threatening condition justifies an abortion.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-1"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Session/Bill/26454/304543"},{"name":"Justia","href":"https://law.justia.com/codes/south-dakota/title-34/chapter-23a/section-34-23a-1-2"}]},"current_status":{"title":"Near-total ban, life exception only","summary":"Since June 24, 2022, South Dakota has enforced a trigger ban prohibiting all abortions except when necessary to preserve the pregnant woman's life based on appropriate and reasonable medical judgment.","description":"Since the U.S. Supreme Court overturned Roe v. Wade on June 24, 2022, South Dakota's trigger ban has made abortion illegal in virtually all circumstances. The only exception is when a physician determines, using appropriate and reasonable medical judgment, that an abortion is necessary to save the pregnant woman's life. There are no exceptions for rape, incest, fatal fetal anomalies, or to protect the woman's health short of a life-threatening emergency. The state reported zero abortions at brick-and-mortar facilities in both 2023 and 2024. The Planned Parenthood clinic in Sioux Falls, which was the sole abortion provider in the state before the ban, has not provided abortion services since the trigger law took effect.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.1"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-94"}]},"enforcement_status":{"title":"Ban in full effect; not enjoined","summary":"The trigger ban is not subject to any current injunction; South Dakota has been enforcing the near-total ban since June 24, 2022 with zero reported abortions at in-state facilities.","description":"South Dakota's abortion ban is fully in effect. No court has blocked or suspended it. The state reported zero abortions performed in licensed facilities in both 2023 and 2024. People who need abortion care must travel out of state. The ban's enforcement is straightforward: performing an abortion is a felony, and the state's sole former abortion provider has ceased offering that service. The state Attorney General has been active in pursuing enforcement against out-of-state entities that advertise or facilitate abortion pill access.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.2"},{"name":"Ballotpedia","href":"https://ballotpedia.org/South_Dakota_Constitutional_Amendment_G,_Right_to_Abortion_Initiative_(2024)"},{"name":"Georgetown Health Care Litigation Tracker","href":"https://litigationtracker.law.georgetown.edu/litigation/mayday-health-v-jackley"}]},"exceptions":{"life":{"title":"Life exception; narrowly drawn","type":"life","summary":"Abortion is permitted only when 'appropriate and reasonable medical judgment' determines it is necessary to preserve the life of the pregnant woman.","description":"The only exception to South Dakota's abortion ban is when a physician determines, using appropriate and reasonable medical judgment, that an abortion is necessary to save the pregnant woman's life. There is no health exception — meaning a woman facing severe but non-fatal health complications (such as kidney damage, stroke risk, or sepsis that has not yet become imminently life-threatening) has no legal right to an abortion under state law. The law does not define precisely what threshold of risk to life triggers the exception, leaving it to physician judgment and, ultimately, prosecutorial discretion. In 2024, the Legislature directed the Department of Health to create an educational video clarifying when the life exception applies.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.1"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-1"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-71"}]},"physical_health":{"title":"No physical health exception","type":"physical_health","summary":"South Dakota has no exception for the physical health of the pregnant woman; abortion is only permitted to preserve her life.","description":"If a pregnant woman faces a serious medical condition that threatens her health but is not immediately life-threatening — such as a pregnancy that may cause kidney failure, loss of fertility, or other major bodily harm — South Dakota law does not provide an exception for an abortion. The only legal justification for abortion is to preserve the woman's life. Federal law under EMTALA may independently require hospital emergency departments to provide stabilizing treatment that could include abortion for conditions that threaten serious harm to health, but this federal obligation has not been tested against South Dakota's ban in court.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.1"}]},"mental_health":{"title":"No mental health exception","type":"mental_health","summary":"South Dakota provides no exception for mental health conditions; suicidal ideation is specifically excluded from the medical emergency definition.","description":"A pregnant woman experiencing severe mental health distress, including suicidal thoughts, has no legal right to an abortion under South Dakota law. The statute explicitly states that the intent of a pregnant mother to inflict self-harm does not constitute a medical emergency that would justify an abortion.","verification":"semi_verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-71"}]},"rape":{"title":"No rape exception","type":"rape","summary":"South Dakota's abortion ban contains no exception for rape; an abortion is illegal even if the pregnancy resulted from rape.","description":"Under South Dakota law, there is no exception to the abortion ban for pregnancies that result from rape. A person who becomes pregnant through rape cannot legally obtain an abortion in South Dakota, even if they report the rape to law enforcement. This is one of the most controversial aspects of the ban, and Governor Rhoden acknowledged in 2026 that it is a 'tough issue' on which it is 'hard to really have straight-up conversations.'","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.1"}]},"incest":{"title":"No incest exception","type":"incest","summary":"South Dakota's abortion ban contains no exception for incest, even when the pregnancy results from incest involving a minor.","description":"There is no legal exception allowing abortion for a pregnancy resulting from incest, regardless of the age of the pregnant person or the circumstances of the incest. A minor who becomes pregnant through incest has no more legal right to an abortion in South Dakota than any other pregnant person.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.1"}]},"fatal_fetal_anomaly":{"title":"No fetal anomaly exception","type":"fatal_fetal_anomaly","summary":"South Dakota provides no exception for fatal fetal anomalies; abortion is illegal even when the fetus has a condition incompatible with life.","description":"If prenatal testing reveals that a fetus has a condition that is incompatible with life — meaning the baby will die shortly after birth or be stillborn — South Dakota law does not permit an abortion. The only legally permitted abortion is one necessary to save the pregnant woman's life.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.1"}]},"ectopic_miscarriage_carveout":{"title":"Ectopic and miscarriage carved out","type":"ectopic_miscarriage_carveout","summary":"As amended in 2026, South Dakota law expressly excludes treatment for ectopic pregnancy, miscarriage, and removal of a deceased unborn child from the definition of abortion.","description":"In 2026, South Dakota lawmakers clarified that treating an ectopic pregnancy, managing a miscarriage, or removing a deceased unborn child from the womb is not considered an abortion and is not subject to the ban. This was a significant clarification for doctors, who had expressed concern that the original ban's language could criminalize standard emergency obstetric care. The law also clarifies that medical treatment which unintentionally results in pregnancy loss is not an abortion.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-1"}]}},"methods":{"procedural_surgical":{"title":"Procedural abortion banned; D&X separately prohibited","summary":"All procedural (surgical) abortion is banned under the trigger law; dilation and extraction (D&X, 'partial-birth') is separately criminalized as a Class 6 felony.","description":"Any surgical abortion procedure is illegal in South Dakota unless performed to save the pregnant woman's life. In addition to the general ban, South Dakota has a separate law specifically prohibiting what it calls 'partial-birth abortion' (dilation and extraction, or D&X). There is no separate statute banning standard dilation and evacuation (D&E), the most common second-trimester method, but it is covered by the general ban. The only surgical abortion that could potentially be lawful is one performed in a hospital setting under the life exception.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-27"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-31"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-32"}]},"medication":{"title":"Medication abortion banned; pills separately criminalized","summary":"Medication abortion is illegal under the general ban and separately regulated; a 2026 law makes dispensing or advertising abortion pills a distinct Class 6 felony with civil penalties up to $10,000 per violation.","description":"Medication abortion — using mifepristone and misoprostol to end a pregnancy — is completely illegal in South Dakota except to save the pregnant woman's life. Before the total ban, South Dakota had some of the most restrictive medication abortion regulations in the country, requiring both drugs to be taken in a licensed abortion facility with in-person physician dispensing and a mandatory return visit. In 2026, the Legislature passed a new law (HB 1274) that separately makes it a felony to dispense, distribute, sell, or advertise abortion pills or any item 'designed, adapted, or intended' for an unlawful abortion. The Attorney General can also seek civil penalties of up to $10,000 per violation and court orders to stop violations. This law is currently being challenged in federal court by Mayday Health on First Amendment grounds.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.3"},{"name":"South Dakota Administrative Rules","href":"https://rules.sd.gov/Uploads/684_AdoptedRules.pdf"}]},"self_managed":{"title":"Self-managed abortion: mother exempt, but uncertain","summary":"The pregnant woman is expressly exempt from criminal liability for undergoing an unlawful abortion, but the law is less clear about self-managed abortion using pills obtained outside the clinical setting.","description":"Under South Dakota law, a woman who undergoes an unlawful abortion cannot be held criminally liable. This means if a person self-manages an abortion — for example, by obtaining pills from out of state or online — she is supposed to be immune from prosecution under the express exemption in SDCL § 22-17-5.2. However, the line between 'undergoing' and 'procuring' an abortion is not clearly drawn in the law, and the 2026 expansion of the dispensing ban to reach 'any person' could theoretically be interpreted to reach a pregnant person who procures pills for herself, though this would conflict with the express exemption. In practice, no pregnant woman has been prosecuted in South Dakota for self-managing an abortion since the ban took effect.","verification":"verified","confidence":"medium","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.2"}]}},"actors":{"who_may_perform":{"title":"Physician-only; licensed facility required","summary":"Only licensed physicians may perform abortions, and only in licensed abortion facilities; advanced practice clinicians are not authorized.","description":"Under South Dakota law, only a licensed physician may perform an abortion. Nurse practitioners, physician assistants, and certified nurse-midwives are not permitted to perform abortions. Abortions must take place in a state-licensed abortion facility. The medication abortion regulations require that mifepristone and misoprostol be prescribed and dispensed by a licensed physician in a licensed abortion facility. Since abortion is now banned except to save the life of the mother, these requirements would apply to the rare case where a life-saving abortion is performed, though in practice such procedures would likely occur in a hospital setting.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-56"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-46"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"Expressly exempt from criminal liability","summary":"The pregnant woman is explicitly shielded from criminal prosecution for undergoing an unlawful abortion under SDCL § 22-17-5.2.","description":"South Dakota law expressly states that a woman who undergoes an unlawful abortion cannot be held criminally liable. This protection appears in the criminal code itself. It means the state cannot prosecute a pregnant person who has an abortion, whether performed by another person or self-managed. However, the mother is not necessarily immune from civil liability — she could theoretically face a civil suit under the wrongful death statute, though such a suit would face significant legal obstacles given the mother exemption in the criminal code and the fact that the wrongful death action for an unborn child is for the benefit of the mother or lawfully married parents.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.2"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/21-5-1"}]},"physician":{"title":"Class 6 felony; license consequences","summary":"A physician who performs an unlawful abortion faces a Class 6 felony (up to 2 years imprisonment and/or $4,000 fine) and mandatory reporting to the Board of Medical and Osteopathic Examiners.","description":"A physician convicted of performing an unlawful abortion in South Dakota faces up to two years in prison, a fine of up to $4,000, or both. In addition, the court must report the conviction to the Board of Medical and Osteopathic Examiners, which could result in license suspension or revocation. Physicians also face civil liability: a woman who undergoes an abortion (or her survivors) may sue for $10,000 in civil penalties plus attorney's fees for violations of informed consent requirements, and up to $10,000 in punitive damages for willful violations. Physicians may also face medical malpractice claims under the common law informed consent standard reaffirmed in SDCL § 34-23A-1.7.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.1"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-6-1"}]},"prescriber_pharmacist":{"title":"Exposed; Class 6 felony for dispensing","summary":"Non-physician prescribers and pharmacists face Class 6 felony exposure under both the general ban and the 2026 dispensing law for providing medication used in abortion.","description":"Although only physicians may legally prescribe or dispense abortion medications, the 2026 law makes it a separate felony for 'any person' — including pharmacists — to knowingly dispense, distribute, or sell abortion-inducing drugs or items. This means a pharmacist who fills a prescription for mifepristone or misoprostol knowing it will be used for an abortion faces a Class 6 felony charge. Even filling an out-of-state prescription could trigger liability, though the law's reach to out-of-state prescribing is uncertain and the subject of ongoing litigation.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.3"}]},"nurses_and_staff":{"title":"Accomplice and direct liability risk","summary":"Nurses and clinic staff who assist in an unlawful abortion face potential accomplice liability under South Dakota's general complicity statutes, plus possible direct liability under the 2026 dispensing ban.","description":"South Dakota law does not have a specific statute targeting nurses or clinic staff who assist in abortions. However, the general accomplice liability statute (SDCL § 22-3-5) could be used to charge anyone who aids or abets an unlawful abortion. The 2026 law making it a felony to 'dispense, distribute, sell, or advertise' abortion-related items could also directly reach nurses and staff who handle or provide abortion medication. In practice, since no abortions are being performed at licensed facilities in South Dakota, clinic staff face no current exposure from in-state clinical activity.","verification":"semi_verified","confidence":"medium","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-3-5"}]},"other_helpers":{"title":"Helpers exposed; aiding and advertising targeted","summary":"Friends, family, and others who help someone obtain an abortion face potential accomplice liability and, under the 2026 law, anyone who advertises or distributes abortion-related items faces direct felony exposure.","description":"Anyone who knowingly helps a pregnant person obtain an illegal abortion — whether by driving them to an appointment, paying for the procedure, or providing information about how to obtain one — could theoretically be charged as an accomplice under South Dakota law. The 2026 law specifically targets those who advertise, dispense, or distribute abortion pills, which could reach organizations and individuals who share information about medication abortion. The law also authorizes the Attorney General to seek civil penalties of up to $10,000 per violation against anyone engaged in such conduct. There is no specific 'abortion trafficking' statute in South Dakota, so helping someone travel out of state for an abortion is not explicitly criminalized.","verification":"verified","confidence":"medium","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.3"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"Travel not criminalized; no trafficking law","summary":"South Dakota has no 'abortion trafficking' statute; helping someone travel out of state for an abortion is not explicitly criminalized, though general accomplice theory could theoretically reach in-state facilitation.","description":"Unlike some states (such as Idaho and Tennessee), South Dakota has not enacted an 'abortion trafficking' law that makes it a crime to help a minor or adult travel out of state for an abortion. There is no law prohibiting residents from traveling to another state where abortion is legal. Helping someone plan, fund, or undertake that travel is not a specific crime in South Dakota. However, if the assistance involves activity that occurs entirely within South Dakota and is part of procuring an abortion that would be illegal in South Dakota, general accomplice liability might theoretically apply, though this is untested.","verification":"semi_verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-3-5"}]},"funding":{"title":"Funding assistance: accomplice exposure possible","summary":"Paying for an unlawful in-state abortion could expose the payer to accomplice liability; funding out-of-state travel is not specifically criminalized.","description":"If someone pays for an abortion that is performed illegally in South Dakota, they could face criminal charges as an accomplice. Funding out-of-state travel for an abortion is not specifically illegal. Abortion funds and other organizations that provide financial assistance for out-of-state abortion care face no clear criminal exposure under South Dakota law, though the legal landscape could shift if the state were to enact an abortion trafficking statute.","verification":"not_applicable","confidence":"medium"},"mailing_pills":{"title":"Mailing pills criminalized, 2026","summary":"The 2026 law makes it a Class 6 felony to knowingly dispense, distribute, or sell abortion-inducing items, reaching pills sent by mail into South Dakota; civil penalties up to $10,000 per violation also apply.","description":"In 2026, South Dakota enacted a law that makes it a felony to knowingly send abortion pills or related items into the state. The Attorney General can also seek civil fines of up to $10,000 for each violation. This law directly targets out-of-state organizations and providers who mail abortion medication to South Dakota residents. The law is being challenged in federal court.","verification":"verified","confidence":"medium","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.3"}]},"providing_information":{"title":"Information provision: targeted by 2026 ban","summary":"The 2026 law criminalizes advertising abortion-inducing items 'in a manner calculated to lead another to use or apply it for producing an abortion,' directly targeting the provision of information about how to obtain abortion pills.","description":"South Dakota's 2026 law makes it a crime to advertise information about how to obtain abortion pills if it is 'calculated to lead another' to use them for an abortion. This directly targets organizations like Mayday Health that posted signs at gas stations with information about accessing medication abortion. The First Amendment challenge to this law argues that truthful information about lawful out-of-state medical care is protected speech. As of mid-2026, this legal question is unresolved.","verification":"verified","confidence":"medium","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.3"},{"name":"Eighth Circuit Court of Appeals","href":"https://ecf.ca8.uscourts.gov/opndir/08/06/053093P.pdf"}]},"civil_bounty":{"title":"No SB8-style civil bounty law","summary":"South Dakota has not enacted a Texas SB8-style private civil enforcement mechanism; enforcement is exclusively through criminal prosecution and limited statutory civil actions.","description":"Unlike Texas, South Dakota has not created a system where private citizens can sue anyone who helps someone get an abortion for a minimum of $10,000 in damages. South Dakota's abortion ban is enforced through traditional criminal prosecution by the state. There are limited civil remedies available: a woman who undergoes an abortion (or her survivors) can sue the physician and facility for civil penalties for violations of informed consent and waiting period laws, but these are not bounty-style provisions open to any member of the public.","verification":"semi_verified","confidence":"high"}},"procedural_requirements":{"waiting_period":{"title":"72-hour waiting period, business days only","summary":"South Dakota requires a minimum 72-hour waiting period between the initial physician consultation and the abortion, excluding weekends and state holidays.","description":"Before the total ban, South Dakota had one of the longest mandatory waiting periods in the country: 72 hours (three days) must pass between the initial doctor's consultation and the abortion procedure. Saturdays, Sundays, and state holidays do not count toward the 72 hours. The woman must sign consent on the day of the procedure, not during the initial consultation. These requirements are currently moot because abortion is banned, but they would spring back into effect if the ban were lifted.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-56"}]},"mandatory_counseling":{"title":"State-scripted counseling; medically contested claims","summary":"Physicians must provide state-scripted disclosures including that abortion terminates 'the life of a whole, separate, unique, living human being' and that the woman has a constitutionally protected relationship with the unborn child.","description":"South Dakota requires physicians to deliver a lengthy script of state-mandated information before an abortion can be performed. This script includes statements that many medical organizations consider ideologically motivated rather than medically factual, such as: abortion 'will terminate the life of a whole, separate, unique, living human being'; the woman 'has an existing relationship with that unborn human being' protected by the U.S. Constitution; and abortion increases the risk of suicide. The physician must provide this information in writing and in person, and the woman must sign each page acknowledging she has read and understood it. A separate phone or in-person statement must also inform her about financial assistance, the father's child-support obligations, and pregnancy help centers. The Eighth Circuit upheld the compelled disclosure that abortion terminates the life of a 'whole, separate, unique, living human being' in Planned Parenthood v. Rounds, 530 F.3d 724 (8th Cir. 2008).","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-10.1"},{"name":"Eighth Circuit Court of Appeals","href":"https://ecf.ca8.uscourts.gov/opndir/08/06/053093P.pdf"}]},"ultrasound_requirement":{"title":"Ultrasound offered; heartbeat must be offered","summary":"The physician must offer the woman an opportunity to view a sonogram and hear the fetal heartbeat; the woman's response must be documented but she may decline.","description":"South Dakota law requires that before signing consent for an abortion, the physician must offer the woman a chance to view an ultrasound image and hear the fetal heartbeat. If she agrees, the physician must describe the images. The woman may decline this offer without penalty, but her response must be documented in her medical record. This is an 'offer' requirement, not a 'mandatory viewing' requirement.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-52"}]},"in_person_visits":{"title":"Two in-person visits required","summary":"The combined statutory requirements force at least two in-person visits: an initial consultation and, at least 72 hours later, the abortion procedure itself.","description":"South Dakota law effectively requires a minimum of two in-person visits to obtain an abortion. The first visit is for the physician consultation, assessment, and delivery of state-mandated information. The abortion cannot be scheduled sooner than 72 hours after this first visit (excluding weekends and holidays). The second visit is for the actual procedure. For medication abortion, the administrative rules required additional in-person visits: one for mifepristone administration and another 24-72 hours later for misoprostol. These requirements are currently moot due to the total ban.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-56"}]}},"minors":{"parental_involvement":{"title":"48-hour parental notice; judicial bypass","summary":"A physician must give 48 hours' written notice to a parent or guardian before performing an abortion on an unemancipated minor, unless a medical emergency exists or the minor obtains a judicial waiver.","description":"South Dakota requires that a parent or guardian of an unemancipated minor receive 48 hours' written notice before an abortion can be performed. The notice can be delivered in person or by certified mail. There are three ways to proceed without parental notice: (1) a medical emergency, (2) the parent provides a notarized certification that they have been notified, or (3) the minor obtains a judicial bypass from a circuit court judge. This law is on the books but is currently moot because no legal abortions are being performed in the state.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-7"}]},"judicial_bypass":{"title":"Judicial bypass available; maturity/best interests standard","summary":"A minor may petition a circuit court judge to waive parental notice; the judge must find by clear and convincing evidence either that the minor is mature or that waiver is in her best interests.","description":"If a minor does not want her parents to know about her abortion, she can ask a judge to waive the notice requirement. The judge must grant the waiver if the minor proves by 'clear and convincing evidence' that she is mature enough to make the decision herself. If the judge finds she is not mature, the judge must still grant the waiver if it would be in her best interests. The court proceedings are confidential, and the minor has the right to appeal if the waiver is denied. These provisions are technically available but moot because no legal abortions are performed in South Dakota.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-7"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal or paternal consent/notice law","summary":"South Dakota has no statute requiring spousal or paternal consent or notice for an abortion; the only third-party involvement requirement is parental notice for minors.","description":"South Dakota does not require a married woman to get her husband's consent or to notify him before having an abortion. Similarly, there is no requirement that the father of the unborn child be notified or give consent. The informed consent script does mention that the father 'is legally responsible to provide financial support' for the child, but this is informational only — it does not give the father any legal power to prevent an abortion.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-10.1"}]},"enforceability":{"title":"Not applicable; no spousal law exists","summary":"Since South Dakota has no spousal or paternal consent or notice statute, enforceability under Danforth and Casey is not at issue.","description":"There is no spousal involvement law on the books in South Dakota, so the question of whether such a law could be enforced after Dobbs does not arise. The state has chosen not to enact spousal consent or notice requirements.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"Father has no abortion veto; wrongful death standing","summary":"The father of an unborn child has no right to prevent an abortion, but a father who is lawfully married to the mother is among the beneficiaries of the wrongful death action for an unborn child.","description":"A father in South Dakota cannot legally prevent a pregnant woman from obtaining an abortion — there is no paternal consent or notice requirement. However, if an unborn child dies due to a wrongful act (such as a third party's assault on the pregnant woman), the father — if he is lawfully married to the mother — is among those for whose benefit a wrongful death lawsuit may be brought.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/21-5-1"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide from conception; abortion excluded","summary":"South Dakota's fetal homicide statute (Class B felony, mandatory life) applies from fertilization but expressly excludes abortions, lawful or unlawful, to which the pregnant woman consented.","description":"South Dakota law treats the killing of an unborn child as a homicide. The fetal homicide statute applies from the moment of fertilization and carries a mandatory life sentence (Class B felony). However, the law explicitly says that it does not apply to any abortion — whether legal or illegal — to which the pregnant woman consented. This means a third party who kills a fetus can be charged with homicide, but neither the woman nor her abortion provider can be charged under this statute for an abortion.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-16-1.1"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-16-4"}]},"wrongful_death":{"title":"Wrongful death action for unborn child","summary":"South Dakota's wrongful death statute explicitly includes an unborn child; the action is for the exclusive benefit of the mother or lawfully married parents.","description":"If an unborn child dies because of someone else's wrongful act — such as a car accident caused by a negligent driver or an assault on a pregnant woman — the mother or both lawfully married parents can sue for wrongful death. The statute covers unborn children without specifying a minimum gestational age, suggesting coverage from conception. This civil remedy is separate from the criminal fetal homicide statute.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/21-5-1"}]},"personhood_definition":{"title":"Statutory personhood language; no constitutional amendment","summary":"South Dakota codified laws contain legislative findings that abortion terminates 'the life of a whole, separate, unique, living human being,' but the state constitution does not define the unborn as persons.","description":"South Dakota law contains strong fetal personhood language. The Legislature has formally declared that 'all abortions, whether surgically or chemically induced, terminate the life of a whole, separate, unique, living human being' and that 'there is an existing relationship between a pregnant woman and her unborn child during the entire period of gestation.' These findings are in the statute books and inform the mandatory counseling script, but they are legislative findings, not an enforceable constitutional definition of personhood. South Dakota voters have not enacted a constitutional personhood amendment.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/south-dakota/title-34/chapter-23a/section-34-23a-1-2"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-1.3"}]},"contradictions_analysis":"South Dakota's legal treatment of the unborn contains a deep and carefully constructed internal contradiction. The Legislature has declared that the unborn child is 'a whole, separate, unique, living human being' whose life is terminated by abortion (SDCL § 34-23A-1.2). The murder statute defines 'human being' to 'include an unborn child' (SDCL § 22-16-4(1)), and the fetal homicide law (SDCL § 22-16-1.1) makes killing an unborn child a Class B felony carrying mandatory life imprisonment. The wrongful death statute (SDCL § 21-5-1) provides civil recovery for the death of an unborn child. Yet the same code carves abortion out of the fetal homicide statute: 'This section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented' (SDCL § 22-16-1.1). The mother is expressly exempted from criminal liability for undergoing an unlawful abortion (§ 22-17-5.2), and the informed consent statute simultaneously tells her that her relationship with the unborn child 'enjoys protection under the United States Constitution and under the laws of South Dakota' (§ 34-23A-10.1(1)(c)), even as the state criminalizes the act of terminating that relationship — but only for the provider, not for her. The 2026 amendments added another layer: they changed 'pregnant female' to 'person' in the criminal ban, expanding its reach, while preserving the mother exemption. The result is a legal architecture that treats the unborn child as a person for purposes of homicide, wrongful death, and mandatory disclosures, yet simultaneously insulates the pregnant woman from any criminal consequence for ending that child's life. This is a legislative choice: criminalization of the provider side only, coupled with full personhood rhetoric."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth prescribing prohibited","summary":"South Dakota law requires in-person physician consultation and in-person dispensing of abortion medication; telehealth prescribing of abortion medication is not permitted.","description":"South Dakota law does not allow abortion medication to be prescribed through telehealth (video or phone appointments). The physician must physically and personally meet with the patient, and the medication must be dispensed in person at a licensed abortion facility. A patient in South Dakota cannot legally receive a prescription for abortion medication via an online appointment, whether the prescriber is in South Dakota or out of state.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-56"}]},"out_of_state_travel":{"title":"Out-of-state travel permitted; not criminalized","summary":"South Dakota residents may lawfully travel to other states for abortion care; no South Dakota statute criminalizes traveling out of state for an abortion.","description":"It is legal for a South Dakota resident to travel to another state where abortion is legal and obtain an abortion there. South Dakota law does not criminalize out-of-state travel for abortion care, and there is no law that tries to punish someone for conduct that is legal in the state where it occurs. In practice, all South Dakota residents who need abortion care must travel out of state, typically to Minnesota, Colorado, or Nebraska.","verification":"semi_verified","confidence":"high"},"shield_or_hostile_laws":{"title":"No shield law; hostile legislative posture","summary":"South Dakota has no shield law protecting abortion providers or patients from out-of-state investigations; the state has instead enacted laws targeting out-of-state actors who facilitate abortion access in South Dakota.","description":"South Dakota is not a 'shield law' state. Unlike states such as New York, California, or Minnesota, South Dakota does not protect abortion providers or patients from investigations or legal actions initiated by other states. Instead, South Dakota has taken the opposite approach: its 2026 law explicitly targets out-of-state entities that advertise or send abortion medication into the state, and the Attorney General has actively pursued enforcement against out-of-state organizations.","verification":"semi_verified","confidence":"high"}},"funding_and_insurance":{"medicaid":{"title":"Hyde-only; no state-funded abortion coverage","summary":"South Dakota Medicaid covers abortion only in cases of life endangerment (not rape or incest), consistent with the narrowest interpretation of the federal Hyde Amendment.","description":"South Dakota's Medicaid program provides coverage for abortion only when the pregnant woman's life is endangered — the most restrictive category under the federal Hyde Amendment. Even in cases of rape or incest, which federal law permits states to cover using federal funds, South Dakota Medicaid does not cover abortion. The state's separate prenatal care program for non-citizen pregnant women also explicitly excludes abortion except in medical emergencies.","verification":"semi_verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/28-6B-8"}]},"private_insurance":{"title":"Private insurance restricted; rider required","summary":"Private insurance plans in South Dakota are barred from covering elective abortion; abortion coverage may be available only through a separately purchased rider.","description":"South Dakota prohibits private health insurance plans from covering abortion except when the woman's life is endangered. If an employer or insurer wants to offer abortion coverage, it must be through a separate, optional rider that the policyholder must specifically purchase in addition to their regular plan. In practice, such riders are rarely available. This means most people with private health insurance in South Dakota have no abortion coverage.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/58-17-147"}]},"exchange_plans":{"title":"Exchange plans: elective abortion barred","summary":"ACA marketplace plans in South Dakota are prohibited from covering elective abortion under both state law and the state's Section 1303 opt-out.","description":"Health insurance plans sold through South Dakota's ACA marketplace cannot cover abortion except when the woman's life is at risk. South Dakota opted out of the ACA's default rule that would have allowed plans to cover abortion, exercising its right under the Affordable Care Act to prohibit such coverage.","verification":"verified","confidence":"high","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/58-17-147"}]},"state_funding_of_providers":{"title":"Defunded; state barred from funding abortion providers","summary":"South Dakota law prohibits the use of state funds to pay for abortion services or to support organizations that provide or promote abortion.","description":"South Dakota has a long-standing policy of refusing to direct state funds to abortion providers. State law prohibits state funding of abortion except in the narrow life-of-the-mother circumstance. The state's general policy is one of defunding organizations that provide or promote abortion. No state funds are directed to abortion providers for any purpose, including family planning services that do not involve abortion.","verification":"semi_verified","confidence":"high"}}},"penalties":[{"actor":"Physician performing unlawful abortion","offense":"Unlawful abortion (SDCL § 22-17-5.1)","penalty":"Class 6 felony: 2 years imprisonment, $4,000 fine, or both; presumptive probation eligible under SDCL § 22-6-11; conviction reported to Board of Medical and Osteopathic Examiners","verification":"verified","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.1"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-6-1"}]},{"actor":"Any person dispensing or advertising abortion-inducing items","offense":"Dispensing or advertising abortion-inducing articles (SDCL § 22-17-5.3)","penalty":"Class 6 felony: 2 years imprisonment, $4,000 fine, or both; plus civil penalty up to $10,000 per violation sought by Attorney General","verification":"verified","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.3"}]},{"actor":"Physician performing partial-birth abortion","offense":"Partial-birth abortion (SDCL § 34-23A-27)","penalty":"Class 6 felony: 2 years imprisonment, $4,000 fine, or both; woman exempt from prosecution (SDCL § 34-23A-31)","verification":"verified","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-27"}]},{"actor":"Physician violating informed consent","offense":"Informed consent violation (SDCL § 34-23A-10.2)","penalty":"Class 2 misdemeanor: 30 days imprisonment, $500 fine, or both; conviction reported to Board of Medical and Osteopathic Examiners; woman exempt","verification":"verified","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-10.2"}]},{"actor":"Third party causing death of unborn child (non-abortion)","offense":"Fetal homicide (SDCL § 22-16-1.1)","penalty":"Class B felony: mandatory life imprisonment, $50,000 fine possible; abortion exemption applies","verification":"verified","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-16-1.1"},{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-6-1"}]}],"recent_changes":[{"date":"2022-06-24","event":"U.S. Supreme Court issues Dobbs v. Jackson Women's Health Organization, overruling Roe v. Wade. South Dakota's 2005 trigger ban (SDCL § 22-17-5.1) becomes operative the same day after Governor Kristi Noem certifies the trigger conditions. Abortion becomes illegal in South Dakota except to preserve the life of the pregnant woman.","sources":[{"name":"U.S. Supreme Court","href":"https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf"}]},{"date":"2023-03-27","event":"SDCL § 22-17-5.2 enacted (SL 2023, ch 69), expressly exempting women who undergo unlawful abortions from criminal liability.","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.2"}]},{"date":"2024-07-01","event":"SDCL § 34-23A-94 enacted (SL 2024, ch 142), requiring the Department of Health to create an educational video and materials by September 1, 2024 explaining the state's abortion law, the life exception, and medical conditions that may threaten a pregnant woman's life.","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/34-23A-94"}]},{"date":"2024-11-05","event":"South Dakota voters reject Constitutional Amendment G (Right to Abortion Initiative), which would have created a state constitutional right to abortion using a trimester framework. The measure fails with approximately 59% opposed.","sources":[{"name":"Ballotpedia","href":"https://ballotpedia.org/South_Dakota_Constitutional_Amendment_G,_Right_to_Abortion_Initiative_(2024)"}]},{"date":"2026-03-09","event":"Attorney General Marty Jackley reaches settlement with Mayday Health requiring removal of abortion pill information advertisements from South Dakota gas stations.","sources":[{"name":"South Dakota Attorney General","href":"https://atg.sd.gov/OurOffice/Media/pressreleasesdetail.aspx?id=3023"}]},{"date":"2026-03-20","event":"Governor Larry Rhoden signs three anti-abortion bills into law: HB 1257 (amending abortion definition to carve out miscarriage, ectopic pregnancy, and removal of deceased unborn child), HB 1274 (creating new felony and civil penalties for dispensing/advertising abortion-inducing items, codified at SDCL § 22-17-5.3), and HB 1313 (requiring prenatal development videos in public schools).","sources":[{"name":"South Dakota Legislature","href":"https://sdlegislature.gov/Statutes/22-17-5.3"}]},{"date":"2026-05-29","event":"Mayday Health files federal lawsuit (Mayday Health v. Jackley, D.S.D.) challenging the constitutionality of the 2026 advertising and dispensing ban on First Amendment and Commerce Clause grounds.","sources":[{"name":"Georgetown Health Care Litigation Tracker","href":"https://litigationtracker.law.georgetown.edu/litigation/mayday-health-v-jackley"}]},{"date":"2026-06-25","event":"Federal judge hears arguments in Mayday Health v. Jackley; decision pending.","sources":[{"name":"KOTA-TV","href":"https://www.kotatv.com/2026/06/25/federal-judge-hears-arguments-south-dakota-case-involving-mayday-health-website"}]}],"pending_changes":[{"name":"Mayday Health v. Jackley","type":"litigation","status":"Pending in U.S. District Court for the District of South Dakota; oral argument held June 25, 2026; awaiting decision","effect":"If Mayday Health prevails, the advertising and potentially the dispensing provisions of SDCL § 22-17-5.3 could be enjoined as unconstitutional under the First Amendment, limiting South Dakota's ability to prosecute out-of-state actors for providing information about abortion pills. If the state prevails, the full scope of the 2026 law will remain enforceable, including criminal and civil penalties against out-of-state entities.","sources":[{"name":"Courthouse News Service","href":"https://www.courthousenews.com/provider-of-abortion-pill-information-sues-south-dakota-over-law-criminalizing-its-work"}]},{"name":"Potential 2027 legislative session abortion-related bills","type":"legislation","status":"Speculative; 2027 session convenes January 2027","effect":"Following the 2026 legislative session's three-bill package, additional restrictions are possible in 2027, including possible attempts to enact an abortion trafficking statute (criminalizing assistance with out-of-state travel for minors), further restrictions on medication abortion, or enhanced penalties. A rape/incest exception is politically unlikely given the 2026 session outcome."}],"key_authorities":[{"name":"Trigger Ban (Procurement of Abortion Prohibited)","citation":"S.D. Codified Laws § 22-17-5.1","type":"statute","url":"https://sdlegislature.gov/Statutes/22-17-5.1","why":"The primary operative ban: makes performing or procuring an unlawful abortion a Class 6 felony with a sole exception to preserve the life of the pregnant woman."},{"name":"Mother Exemption from Criminal Liability","citation":"S.D. Codified Laws § 22-17-5.2","type":"statute","url":"https://sdlegislature.gov/Statutes/22-17-5.2","why":"Expressly exempts the pregnant woman from criminal liability for undergoing an unlawful abortion, added in 2023."},{"name":"2026 Abortion Pill Dispensing and Advertising Ban","citation":"S.D. Codified Laws § 22-17-5.3","type":"statute","url":"https://sdlegislature.gov/Statutes/22-17-5.3","why":"Creates a distinct Class 6 felony and civil penalties up to $10,000 for dispensing or advertising abortion-inducing items; subject to pending First Amendment challenge."},{"name":"Definition of Abortion (2026 Amended)","citation":"S.D. Codified Laws § 34-23A-1","type":"statute","url":"https://sdlegislature.gov/Statutes/34-23A-1","why":"Defines the scope of what constitutes an abortion under South Dakota law; 2026 amendment carved out miscarriage, ectopic pregnancy, and removal of deceased unborn child."},{"name":"Fetal Homicide Statute","citation":"S.D. Codified Laws § 22-16-1.1","type":"statute","url":"https://sdlegislature.gov/Statutes/22-16-1.1","why":"Makes killing an unborn child a Class B felony (mandatory life imprisonment) but expressly excludes abortions, lawful or unlawful, to which the pregnant woman consented."},{"name":"First-Degree Murder Including Unborn Child","citation":"S.D. Codified Laws § 22-16-4","type":"statute","url":"https://sdlegislature.gov/Statutes/22-16-4","why":"Defines 'human being' for first-degree murder to include an unborn child, establishing fetal personhood in the criminal homicide context."},{"name":"Wrongful Death for Unborn Child","citation":"S.D. Codified Laws § 21-5-1","type":"statute","url":"https://sdlegislature.gov/Statutes/21-5-1","why":"Provides a civil wrongful death action for the death of an unborn child for the exclusive benefit of the mother or lawfully married parents."},{"name":"Informed Consent Requirements","citation":"S.D. Codified Laws § 34-23A-10.1","type":"statute","url":"https://sdlegislature.gov/Statutes/34-23A-10.1","why":"Mandates extensive state-scripted disclosures including that abortion terminates 'the life of a whole, separate, unique, living human being'; currently moot but on the books."},{"name":"72-Hour Waiting Period and Pregnancy Help Center Consultation","citation":"S.D. Codified Laws § 34-23A-56","type":"statute","url":"https://sdlegislature.gov/Statutes/34-23A-56","why":"Requires in-person physician consultation, 72-hour wait, and mandatory pregnancy help center consultation; the most restrictive procedural requirements in any state."},{"name":"Parental Notice Requirement","citation":"S.D. Codified Laws § 34-23A-7","type":"statute","url":"https://sdlegislature.gov/Statutes/34-23A-7","why":"Requires 48-hour written parental notice for minors with judicial bypass; currently moot under the total ban."},{"name":"Partial-Birth Abortion Ban","citation":"S.D. Codified Laws § 34-23A-27","type":"statute","url":"https://sdlegislature.gov/Statutes/34-23A-27","why":"Separately criminalizes dilation and extraction (D&X) as a Class 6 felony with express mother exemption."},{"name":"Exchange Plan Abortion Coverage Ban","citation":"S.D. Codified Laws § 58-17-147","type":"statute","url":"https://sdlegislature.gov/Statutes/58-17-147","why":"Prohibits elective abortion coverage in ACA marketplace plans."},{"name":"Medication Abortion Administration Rules","citation":"ARSD 44:67:04:13","type":"regulation","url":"https://rules.sd.gov/Uploads/684_AdoptedRules.pdf","why":"Governs the in-person dispensing requirements for medication abortion at licensed facilities; moot but on the books."},{"name":"Planned Parenthood v. Rounds","citation":"530 F.3d 724 (8th Cir. 2008)","type":"case","url":"https://ecf.ca8.uscourts.gov/opndir/08/06/053093P.pdf","why":"Eighth Circuit upheld South Dakota's compelled disclosure that abortion terminates the life of a 'whole, separate, unique, living human being' against First Amendment challenge."},{"name":"Constitutional Amendment G (2024)","citation":"South Dakota Constitutional Amendment G, Right to Abortion Initiative (2024)","type":"ballot_measure","url":"https://ballotpedia.org/South_Dakota_Constitutional_Amendment_G,_Right_to_Abortion_Initiative_(2024)","why":"Voters defeated a proposed constitutional amendment that would have created a trimester-based right to abortion, preserving the Legislature's ability to maintain the current total ban."}],"research_notes":{"overall_confidence":"high","editor_notes":"The 2026 legislative session produced three significant abortion-related bills signed into law on March 20 and March 30, 2026. The South Dakota Legislature's website reflects these changes in the current code edition. The Mayday Health v. Jackley litigation is fast-moving; re-check the docket before publication. The EMTALA preemption analysis should be cross-referenced with any new federal guidance from HHS or CMS. Verify whether any South Dakota Attorney General opinion has been issued interpreting the life-of-the-mother exception.","gaps":["The exact scope of the mother exemption as applied to self-managed medication abortion has not been adjudicated; the statutory tension between § 22-17-5.2 (mother exempt) and the 2026 amendments changing 'pregnant female' to 'person' in § 22-17-5.1 has not been resolved by any court.","Whether EMTALA preempts South Dakota's abortion ban in hospital emergency departments has not been litigated in South Dakota's federal courts. The Supreme Court's decision in Moyle v. United States (2024) addressed Idaho's similar ban, but the application to South Dakota is not automatic.","The Mayday Health v. Jackley litigation is pending as of this writing; its outcome could significantly alter the enforceability of the advertising prohibition and potentially the dispensing provisions of SDCL § 22-17-5.3.","The South Dakota Department of Health's educational video mandated by SDCL § 34-23A-94 was due September 1, 2024; its contents and whether it has been published could not be independently verified.","Some pre-2022 case law interpreting specific provisions of SDCL ch. 34-23A (e.g., Planned Parenthood v. Rounds on the suicide disclosure requirement) may have ongoing relevance but was not exhaustively reviewed for every sub-issue.","The practical availability of judicial bypass for minors is moot given the total ban; whether courts would entertain bypass petitions is unknown."]}}