South Carolina Code
S.C. Code Ann. § 44-41-30 (2026)
Persons from whom consent is required
✓ current as of May 2026
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(A) Consent is required before the performance of an abortion from the pregnant woman in every case and in the case of a minor, it must be obtained pursuant to the provisions of Section 44-41-31.
(B) In the case of a woman who is under adjudication of mental incompetency by a court of competent jurisdiction, consent must be obtained from her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian.
(C) Notwithstanding the consent required in subsections (A) and (B) consent must be waived if:
(1) a physician determines that a medical emergency exists involving the life of or grave physical injury to the pregnant woman; or
(2) the pregnancy is the result of incest.
(D) In cases of incest the physician performing the abortion shall report the alleged incest to the local county department of social services or to a law enforcement agency in the county where the child resides or is found. Failure to report is a violation punishable under the child abuse laws of this State.
(E) Nothing in this section permits a physician to perform an abortion without first obtaining the consent of the pregnant woman if she is capable of giving consent.
HISTORY: 1962 Code SECTION 32-683; 1974 (58) 2837; 1990 Act No. 341, SECTION 4.
(B) In the case of a woman who is under adjudication of mental incompetency by a court of competent jurisdiction, consent must be obtained from her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian.
(C) Notwithstanding the consent required in subsections (A) and (B) consent must be waived if:
(1) a physician determines that a medical emergency exists involving the life of or grave physical injury to the pregnant woman; or
(2) the pregnancy is the result of incest.
(D) In cases of incest the physician performing the abortion shall report the alleged incest to the local county department of social services or to a law enforcement agency in the county where the child resides or is found. Failure to report is a violation punishable under the child abuse laws of this State.
(E) Nothing in this section permits a physician to perform an abortion without first obtaining the consent of the pregnant woman if she is capable of giving consent.
HISTORY: 1962 Code SECTION 32-683; 1974 (58) 2837; 1990 Act No. 341, SECTION 4.
Notes of Decisions
Cited in 2
cases, 1999–2002 · leading case: Greenville Women's Clinic v. Bryant, 66 F. Supp. 2d 691 (D.S.C. 1999).
Greenville Women's Clinic v. Bryant, 66 F. Supp. 2d 691 (D.S.C. 1999). “Regulation 61-12 contains an additional section, Section 309 under Part III "Patient Care,” which mandates additional qualifications which the performing physician must possess, additional equipment which must be on hand, and additional medical tests which must be administered…”
Planned Parenthood of the Rocky Mountains Servs., Corp. v. Owens, 287 F.3d 910 (10th Cir. 2002). “7-4 (requirements waived where emergency exists); S.C. Code Ann. § 44-41-30 (consent waived where physician determines medical emergency exists involving life of or grave physical injury to minor); S.”
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