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North Dakota

Post-Viability Abortion Restriction

North Dakota's post-viability abortion restriction states that no abortion may be provided after the fetus may reasonably be expected to have reached viability unless the attending physician and two other licensed physicians who have examined the woman concur that the procedure is necessary to preserve the woman's life or continuation of the pregnancy would impose on her a "substantial risk of grave impairment of her physical or mental health."  Consistent with the procedure used and good medical practice, the physician must take all reasonable steps to preserve the life and health of the fetus.  A second physician must attend.  N.D. Cent. Code §§ 14-02.1-04 (Enacted 1975; Last Amended 2011), 14-02.1-05 (Enacted 1975; Last Amended 1979).

NARAL Pro-Choice America supports the legal framework established in Roe v. Wade and does not oppose restrictions on post-viability abortion so long as they contain adequate exceptions to protect the woman's life and health.  NARAL Pro-Choice America opposes North Dakota's post-viability restriction because the health exception is inadequate.


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