Spousal Consent

A court held that South Carolina's husband consent requirement for abortion is unconstitutional. Floyd v. Anders, 440 F. Supp. 535 (D.S.C. 1977), vacated and remanded on other grounds, 440 U.S. 445 (1979).

This law provides that a married woman who is living with her husband may not obtain an abortion during the third trimester of pregnancy without her husband's consent. S.C. Code Ann. § 44-41-20(c) (Enacted 1974).

The U.S. Supreme Court held that requiring a woman to obtain her husband's consent prior to an abortion is unconstitutional. Planned Parenthood of Cent. Mo. v. Danforth, 428 U.S. 52, 67-72 (1976).