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HB1257

Amending the Legal Definition of Abortion in South Dakota

Last scannedAug 25, 2026, 3:29 AM

In one sentence

This law changes how South Dakota defines abortion and lists specific medical situations that do not count as abortions under state law.

What it does

  • Changes the definition of 'abortion' to mean intentionally ending the life of a human being inside the uterus.
  • States that accidental or unintentional death during treatment is not an abortion.
  • Excludes treating miscarriages from the definition of abortion.
  • Excludes treating or removing ectopic pregnancies from the definition of abortion.
  • Removes deceased unborn children from the uterus without counting it as an abortion.
  • Clarifies that procedures to save the life or preserve the health of the unborn child are not abortions.

Who it affects

  • Physicians and medical providers who treat pregnant women
  • Pregnant individuals in South Dakota

Limits and unknowns

  • The official text does not state exactly what date this law becomes effective.
  • This section defines terms but does not list new penalties for breaking these rules in this specific excerpt.

Plain language

Terms to know

Ectopic pregnancy
A condition treated or removed that is not considered an abortion under this law.
Miscarriage
The spontaneous loss of a pregnancy, which treatment for does not count as an abortion.
Fertilization
The point in time when a male human sperm penetrates the zona pellucida of a female human ovum.

Official record

Sources

Source attached

Official summary

amend the definition of an abortion.

Official activity

Bill history

  1. Signed by the Governor