S.C. Code § 44-41-440

Current through 2024 Act No. 209.
Section 44-41-440 - Determination of probable post-fertilization age of unborn child

For the repeal of this section, see 2023 Act No. 70, Section 13.B.

Except in the case of a medical emergency or fetal anomaly, no abortion must be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable post-fertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to post-fertilization age.

S.C. Code § 44-41-440

Repealed by 2023 S.C. Acts, Act No. 70 (SB 474),s 13, eff. 5/25/2023.

2023 Act No. 70, Section 13.B, provides as follows:

"[SECTION 13.]B. Article 5, Chapter 41, Title 44 of the S.C. Code is repealed. However, if some or all of the provisions contained in SECTION 2 of this act are ever temporarily or permanently restrained or enjoined by judicial order, or are held to be unconstitutional or invalid, then all of the provisions of Article 5, Chapter 41, Title 44 are reenacted retroactively to the date the judicial order either temporarily or permanently restraining or enjoining some or all of the provisions contained in SECTION 2 or declaring some or all of the provisions contained in SECTION 2 unconstitutional or invalid is entered."