South Dakota Codified Laws Chapter 34-23A Performance of Abortions

South Dakota Codified Laws Chapter 34-23A regulates the performance of abortions. Section 34-23A-1 defines key terms including “abortion,” “fetus,” and “medical emergency.” Abortion is defined as the “intentional termination of the life of a human being in the uterus.” This chapter establishes that abortions may only be performed in licensed facilities under specified conditions, it requires physicians to obtain voluntary, informed written consent (§ 34-23A-10.1), and mandates parental notice for minors (§ 34-23A-7). Section 34-23A-28 and following provisions prohibit partial-birth abortion. The chapter sets forth reporting requirements for providers (§ 34-23A-19), licensing standards for abortion facilities (§ 34-23A-46 et seq.), and civil causes of action for wrongful abortion (§§ 34-23A-22, 34-23A-91). Sections 34-23A-64 and 34-23A-69 prohibit abortions based on the sex or diagnosis of Down syndrome of the unborn child, and also prohibit performing or attempting an abortion on an unborn child deemed capable of experiencing pain, unless a medical emergency exists. The overall statutory framework bans most abortions with some exceptions to preserve the life of the pregnant person or in narrowly defined emergencies. Facility licensing and physician obligations are regulated, civil liability for non-compliance is permitted, and providers who perform abortions outside the chapter’s strict limit are criminalized.