South Dakota Informed Consent Statute

On June 27, 2008, the United States Court of Appeals for the Eighth Circuit filed its opinion in Planned Parenthood et al v. Rounds et al, Alpha Center et al, Interveners. The South Dakota Court vacated a temporary injunction that had been issued by the trial court. This decision requires abortion providers to tell women, in writing, that the abortion procedure “will terminate the life of a whole, separate, unique, living human being.”

The US Court of Appeals ruled the required disclosure that an abortion will terminate the life of a whole, separate, unique, living human being is accurate and must be told to a woman seeking an abortion.

Planned Parenthood in South Dakota must now comply with the provisions of the Informed Consent Statute.

The matter will be sent down to trial after January 1st.

According to Attorney General Larry Long, SD’s informed consent law would go into effect as early as Saturday, July 19, 2008.

Provisions of the Informed Consent Statute are as follows:

(1) A statement in writing providing the following information:
(a) The name of the physician who will perform the abortion;
(b) That the abortion will terminate the life of a whole, separate, unique, living human being;
(c) That the pregnant woman has an existing relationship with that unborn human being and that the relationship enjoys protection under the United States Constitution and under the laws of South Dakota;
(d) That by having an abortion, her existing relationship and her existing constitutional rights with regards to that relationship will be terminated;
(e) A description of all known medical risks of the procedure and statistically significant risk factors to which the pregnant woman would be subjected, including:
(i) Depression and related psychological distress;
(ii) Increased risk of suicide ideation and suicide;

(2) A statement by telephone or in person, by the physician who is to perform the abortion, or by the referring physician, or by an agent of both, at least twenty-four hours before the abortion, providing the following information:
(a) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;
(b) That the father of the unborn child is legally responsible to provide financial support for her child following birth, and that this legal obligation of the father exists in all instances, even in instances in which the father has offered to pay for the abortion.

Source: VoteYesForLife