In the Summer of 2022, we saw the United States Supreme Court overturn the constitutional right at the federal level to an abortion preserved by Roe v. Wade via its holdings in Dobbs v. Jackson Women’s Health Organization. From a practical standpoint, the United States Supreme Court held in this case that the question of abortion rights was reserved to the individual states. More specifically, states and their legislatures could decide whether an abortion was legal and what is defined as an abortion. Along with determining the legality of abortions, state legislatures are now free to put various restrictions on the practice of abortions as well. Almost immediately, this has led to a patchwork of laws that are often difficult for people to navigate.
South Carolina State Legislature had adopted a law prohibiting abortions beyond six weeks absent cases of rape, incest, or danger to the life of the mother. This South Carolina law became known as the “Fetal Heartbeat Law” of 2021. Until the decision in Dobbs, that law was unenforceable due to the constitutional right to abortions and related services guaranteed by Roe v. Wade. When Roe v. Wade was overturned, the Fetal Heartbeat Law of 2021 became enforceable law.
The South Carolina Supreme Court was forced to step in and put a “judicial pause” on enforcement of the Fetal Heartbeat Law in August of 2022 to allow time for debate of its constitutionality within the new legal framework established by Dobbs and other related South Carolina laws. After oral arguments before the South Carolina Supreme Court, the Supreme Court Justices ruled that the six-week ban was a violation of South Carolina’s constitutional right to privacy. When sharing the Court’s decision, the Court looked at the time needed to determine if a woman was pregnant and whether to continue it. Justice Hearn went further and stated that six weeks is “quite simply not a reasonable period of time” for a woman to (1) discover she is pregnant and (2) determine if she wishes to remain that way (Planned Parenthood South Atlantic et al v. State of South Carolina, et al. (2023)).
With this ruling entered January 5, 2023, South Carolina Supreme Court affirmed the previous abortion law allowing abortions up to approximately 20 weeks from the date of conception. Despite this permitted expansion of time frame by law, individual medical care providers are allowed to set their own time period limits when providing abortions to “eligible” patients. If someone is seeking abortion services, it is imperative a potential medical care provider be contacted as soon as possible to determine the availability of such services.
Additionally, here are a few other key parameters when it comes to receiving abortion services in South Carolina:
- South Carolina requires a 24-hour waiting period between receiving counseling from the medical care provider and getting an abortion.
- Parental consent to an abortion is required if the mother is under 17 years old.
- It is legal for you to travel outside of South Carolina to receive an abortion.
Many things within the legal sphere are time sensitive; however, arguably nothing is as time-sensitive as an abortion. If you or someone you know is in need of guidance on this topic, knowing what options are available as soon as possible is extremely important. Connecting to a local advocacy group and having a discussion with an attorney is highly encouraged.
For additional resources, see below:
· www.abortionfinder.com
· www.Plannedparenthood.org
If you are seeking legal advice on on your individual rights, our Modern Legal Team is here to help.
Please note: these educational materials are based on South Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Tiffany A. Byrd
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
