North Dakota Abortion Laws
|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|
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