Abortion Permitted During the First 12 Weeks of Pregnancy
The abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician.
Abortion Permitted up to 24 Weeks
An abortion may be performed following the 12th week up to the 24th week by a physician only in a hospital licensed under specific provisions.
Abortion Permitted After 24 Weeks
Only for medical necessity (to preserve the life or health of the mother.)
Partial-Birth Abortion Prohibited
No person may perform a partial-birth abortion, which results in the death of a human fetus or infant.
Forty-eight Hour Notice: Parent or guardian for minor or incompetent female must be notified a minimum of 48 hours prior to the abortion. Notice must be delivered to the parent by the physician, agent or certified mail.
Parental Consent: Parent does not need to notified if s/he certifies in writing that s/he has been notified.
Judicial By-Pass: If a pregnant woman elects not to allow the notification of her parent or guardian, any judge of a circuit court may authorize a physician to perform the abortion if the judge determines the pregnant female is mature and capable of giving informed consent to the proposed abortion.
Voluntary and Informed Consent Required: No abortion may be preformed except with the voluntary and informed consent of the female upon whom the abortion is to be performed.
Information to be Provided by Abortion Clinic:
The name of the abortionist at least 2 hours before the abortion.
The medical risks associated with the procedure: risks of infection, hemorrhage, danger to subsequent pregnancies, and infertility.
The probable gestational age of the unborn child at the time the abortion is to be performed.
The medical risks associated with carrying her child to term.
That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care.
That the father is liable to assist in the support of her child, even in instances in which the father has offered to pay for the abortion.
That she has the right to review the printed materials about the procedure (materials provided by the state of South Dakota). If she chooses to view the materials, they shall be given to her at least 24 hours before the abortion or mailed 72 hours by certified mail.
(The abortionist may provide the information above by telephone without conducting a physical exam or test of the patient, in which case the information required to be supplied may be based on facts supplied by the female.)
Educational Materials: The health department shall publish, in culturally sensitive languages, and make available free of charge to clinics, hospital and patients, the following printed materials:
Materials designed to inform the female of the public and private agencies and services available to assist a female through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a list of the agencies available and a description of the services they offer.
Materials designed to inform the female of the probable anatomical and physiological characteristics of the unborn child in two-week increments, beginning at the age of two weeks. Such pictures will contain the dimensions of the fetus and shall be realistic, objective and designed to convey only accurate scientific information about the unborn child.
Alpha Health Services / Alpha Center
801 East 41st Street
Sioux Falls 57105
