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North Dakota Abortion Laws

Access to abortion varies quite a bit from one state to the next, as some states have enacted regulations so strict as to eliminate nearly all abortion providers. Regardless, access to abortion services remains legally protected at the federal level (Roe v. Wade ). State abortion laws tend to focus on licensing and zoning laws affecting the clinics, licensing requirements of care providers, and consent requirements for patients.

North Dakota Abortion Laws: Overview

The following chart contains details about abortion laws in North Dakota, with links to related sources. See FindLaw's Abortion section for additional articles.

Code Section 14-02.1-01 to 12
Statutory Definition of Illegal Abortion (1) Non-licensed person performs abortion; (2) if licensed M.D. but doesn't conform to standards for legal abortion; termination of human pregnancy with an intention other than to produce a live birth or to remove a dead embryo or fetus
Statutory Definition of Legal Abortion During 1st 12 wks., no restrictions. After viability, necessary to preserve life of mother or continuance would impair her physical or mental health and must be in a hospital
Penalty for Unlawful Abortion M.D.: Class A misdemeanor; anyone not M.D. who performs abortion: Class B felony; if M.D. does not take proper care to preserve life of unborn or born viable fetus: Class C felony; all other violations of N.D. Abortion Control Act: Class A misdemeanor
Consent Requirements Informed consent of mother as certified by M.D. at least 24 hours before procedure; before viability, if mother is unemancipated minor M.D. must inform both parents or guardian at least 24 hours before minor's consent; or emergency or judicial waiver; after viability, husband's written consent, unless separated, or consent of a parent/guardian if mother is less than 18 years and unmarried, unless procedure is necessary to preserve life, health of mother; court can authorize abortion on minor without parental consent
Residency Requirements for Patients -
Physician Licensing Requirements Licensed M.D. using medical standards applicable; licensed hospital required after first 12 weeks of pregnancy as well as M.D. must certify facts and have 2 M.D.s concur with his medical judgement for abortion, unless medical emergency

Note: State laws change rather frequently, usually through the enactment of new legislation but sometimes through the decisions of higher courts or other means. You may want to contact a North Dakota family law attorney or Constitutional law attorney, or conduct your own legal research to verify the state law(s) you are researching.

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