North Carolina Bans Abortions After 12 Weeks

On May 16, North Carolina enacted S.B. 20, the North Carolina “Abortion Laws,” banning abortions after the twelfth week of pregnancy.  The law, which was vetoed by North Carolina Governor Roy Cooper before the legislature overrodethat veto, provides that it is unlawful in North Carolina “after the twelfth week of a woman’s pregnancy to advise, procure, or cause a miscarriage or abortion,” and further provides that it is unlawful to perform partial-birth abortion at any time.  § 90-21.81A.  Exceptions to the twelve-week ban exist only during medical emergencies, between weeks twelve and twenty in cases of rape or incest, and during the first twenty-four weeks of pregnancy when the child has been diagnosed with certain physical or genetic conditions.  § 90-21.81B.  The bill also repealed the law the law G.S. § 14-45.1, which allowed abortions during the first 20 weeks of pregnancy.

The performance of abortions that are unlawful under North Carolina’s new law, and the acts of administering, prescribing, advising that a woman take, or procuring for use of an abortion, any medicine or substance with the intent to result in an abortion or miscarriage, are felony criminal offenses under G.S. § 14-44 and G.S. § 14-45.  It is not clear, but appears likely from the statutory text, that a woman undergoing an abortion in addition to any providers involved, are violating these criminal laws.  Further, the newly enacted bill creates a new statute, G.S. § 14-44.1, which provides for a $5,000 fine for the provision of abortion-inducing drugs (including their purchase, procurement, mailing, and shipment) to pregnant women in North Carolina.

As new developments arise, we will continue to update our Dobbs Decision Resource Center.  In the meantime, please contact one of the lawyers in Shipman’s Health Law practice group if you have questions about this ever-changing legal landscape.