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North Dakota Abortion Laws

Explanation of Chart and More Information on 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 AbortionDuring 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 AbortionM.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 RequirementsInformed 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 RequirementsLicensed 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 are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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