South Carolina lawmakers have introduced a sweeping new proposal that would outlaw nearly all abortions in the state. The legislation would remove long-standing exceptions for rape, incest, and fatal fetal diagnoses, and would make doctors and others involved in abortion procedures vulnerable to both criminal charges and civil litigation.
Titled The Unborn Child Protection Act (Senate Bill 323), the measure represents one of the most far-reaching attempts by a state to restrict abortion since Roe v. Wade was overturned.
Under the bill, abortions would only be permitted if the pregnant person’s life is in immediate danger—and even then, under narrowly defined circumstances.
If passed, the law would make abortion a felony offense, with penalties reaching up to 30 years in prison for those who undergo or assist with the procedure. Individuals who provide information about how to obtain an abortion or who refer patients to clinics in other states could also face prosecution.
Legal scholars warn that the legislation’s impact could extend beyond reproductive healthcare, potentially affecting freedom of speech, online activism, and education.
“This bill is dangerous beyond anything we’ve seen before,” said Amalia Luxardo, CEO of the Women’s Rights and Empowerment Network. “It doesn’t just ban abortion. It criminalizes doctors, censors information, and even opens the door for lawsuits against anyone who helps a pregnant person.”
A Bill Designed to Redefine Abortion Law
The legislation significantly rewrites existing abortion law in South Carolina. It eliminates terms like “fetal heartbeat” and instead emphasizes that life begins at fertilization, not viability or gestational age.
It would also remove the judicial bypass option, which currently allows minors to seek abortion care without parental consent. Exceptions for cases of rape, incest, or fatal fetal conditions would be eliminated entirely.
Even in emergency situations after 19 weeks of pregnancy, the bill would require physicians to try to save the fetus, regardless of the medical outlook.
Penalties for violating the law would include:
- Up to 30 years in prison if an abortion leads to the death of the fetus.
- Up to 25 years if the fetus survives.
- Possible suspension or revocation of a medical license.
- Civil lawsuits from individuals claiming harm on behalf of the fetus.
- Prosecution under state RICO laws for those allegedly engaged in repeated abortion-related activities.
The bill also introduces a wrongful death clause, which would allow family members to sue on behalf of an unborn child—a move seen as a potential step toward granting legal personhood to fetuses under South Carolina law.
Education and Public Messaging
Beyond legal reforms, the legislation would also influence public education.
Starting in the 2026–27 academic year, public schools would be required to implement a new human development curriculum. This would include a mandatory three-minute, state-approved animated video titled “Meet Baby Olivia,” which portrays fertilization and fetal growth.
The Attorney General would have the authority to sue school districts that do not adhere to these new educational requirements.
Political and Legal Fallout
Introduced in the wake of Roe v. Wade being overturned, the bill reflects a new phase in state-level abortion battles. South Carolina already enforces a six-week abortion ban, but this proposal would go even further—banning almost all abortions and exposing a broad network of individuals to legal risk.
It remains uncertain whether Senate Bill 323 has the political momentum needed to pass both legislative chambers or if Governor Henry McMaster—who has previously supported abortion restrictions—would endorse this latest version.
“Senate Bill 323 is unconstitutional and deadly,” said Courtney Thomas, Advocacy Director for the American Civil Liberties Union of South Carolina. “This bill would criminalize medical care, invade our privacy, and place unconstitutional restrictions on speech, travel, and association. Any lawmaker who cares about the health and safety of South Carolinians should be fighting tooth and nail to stop this bill.”
Should the bill become law, it would take effect immediately once signed by the governor.
