Biased Counseling & Mandatory Delay

A woman may not obtain an abortion until at least 24 hours after the attending physician, referring physician, or physician's agent tells her:  (1) the medical risks associated with the proposed abortion procedure including, when medically accurate, infection, hemorrhage, danger to subsequent pregnancies, and infertility; (2) the medical risks associated with continuing the pregnancy to term; (3) the probable gestational age of the "unborn child"; (4) the name of the physician who will provide the abortion; and (5) the abortion will end "the life of a whole, separate, unique, living human being;".

In addition, at least 24 hours prior to an abortion, the physician or physician's agent must inform her:  (1) that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care; (2) that the "father" is liable for child support, even if he offered to pay for the abortion; and (3) that she has a right to review state-prepared materials that describe the "unborn child" and list agencies that offer alternatives to abortion.  The physician or physician's agent must orally inform the woman about the materials.

The state-prepared materials must be available on the state department of health's website and must describe with pictures, in booklet format, the probable anatomical and physiological characteristics of the fetus at two-week gestational increments, including the possibility of survival. The majority of the pictures must be full-color photograph-style images, and the pictures must contain the dimensions of the fetus and be realistic and appropriate for the stage of pregnancy depicted. The state-prepared materials also must provide a geographically indexed comprehensive list of public and private agencies and services, including adoption agencies, available to assist the woman through pregnancy, upon childbirth, and while the child is dependent or include a 24-hour toll-free hotline that may be called to obtain such a list.

N.D. Cent. Code §§14-02.1-03(1) (Enacted 1975; Last Amended 1999), 14-02.1-02 (Enacted 1975; Last Amended 2009), 14-02.1-02.1 (Enacted 1991; Last Amended 2001).

A court has interpreted this law to permit information to be delivered by telephone so that no more than one visit is required.  Fargo Women's Health Org. v. Schafer, 18 F.3d 526 (8th Cir. 1994).

The state-prepared materials include enlarged color photographs of fetuses. Fetal Growth And Development (1995) (reproduced by N.D. Dep't of Health).