Title 14 — Domestic Relations and Persons
48 chapters · 709 sections in this title.
N.D.C.C. § 14-02.1-01 Purpose
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The purpose of this chapter is to protect and promote human life and maternal health when the performance of an abortion is not otherwise prohibited by law. This chapter reaffirms the tradition of the state of North Dakota to protect every human life whether unborn or aged, healt…
N.D.C.C. § 14-02.1-02 Definitions
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As used in this chapter: 1. "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, including the elimination of one or more unborn chil…
N.D.C.C. § 14-02.1-02.1 Printed information - Referral service
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1. The department of health and human services shall publish in English, and in every other language that the department determines is the primary language of a significant number of state residents, the following easily comprehensible printed materials: a. Geographically indexed…
N.D.C.C. § 14-02.1-02.2 Abortion report form
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The department of health and human services shall prepare an abortion compliance report form and an abortion data report form to be used by the physician for each abortion performed, as required by section 14-02.1-07. The abortion compliance report form must include a checklist d…
N.D.C.C. § 14-02.1-03 Consent to abortion - Notification requirements
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1. A physician may not perform an abortion unless before such performance the physician certified in writing that the woman gave her informed consent as defined and provided in section 14-02.1-02 and shall certify in writing the pregnant woman's marital status and age based upon …
N.D.C.C. § 14-02.1-03.2 Civil damages for performance of abortions without informed consent
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Any person upon whom an abortion has been performed without informed consent as required by sections 14-02.1-02, 14-02.1-02.1, subsection 1 of section 14-02.1-03, 14-02.1-03.2, and 14-02.1-03.3 may maintain an action against the person who performed the abortion for ten thousand …
N.D.C.C. § 14-02.1-03.3 Privacy of woman upon whom an abortion is performed or attempted
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In every proceeding or action brought under section 14-02.1-03.2, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted should be preserved from public disclosure if she does not give her consent to such disclosure. The court, upo…
N.D.C.C. § 14-02.1-03.4 Required notice at abortion facility
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1. Any abortion facility that performs abortions shall display signs that contain exclusively the following words: "NOTICE: No one can force you to have an abortion. It is against the law for a spouse, a boyfriend, a parent, a friend, a medical care provider, or any other person …
N.D.C.C. § 14-02.1-03.5 Abortion-inducing drugs
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1. For purposes of this chapter, an abortion accomplished by the use of an abortion-inducing drug is deemed to occur when the drug is prescribed, in the case of a prescription, or when the drug is administered directly to the woman by the physician. 2. It is unlawful to knowingly…
N.D.C.C. § 14-02.1-04 Limitations on the performance of abortions - Penalty
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1. An abortion may not be performed by any individual other than a physician who is using applicable medical standards and who is licensed to practice in this state. All physicians performing abortion procedures must have admitting privileges at a hospital located within thirty m…
N.D.C.C. § 14-02.1-04.2 Prohibition on human dismemberment abortion - Penalty
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Repealed by S.L. 2023, ch. 122, § 11.
N.D.C.C. § 14-02.1-05 Preserving life of a viable child - Penalty
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An abortion of a viable child may be performed only when there is in attendance a physician other than the physician performing the abortion who shall take control and provide immediate medical care for the viable child born as a result of the abortion. The physician performing i…
N.D.C.C. § 14-02.1-06 Soliciting abortions
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Repealed by S.L. 1999, ch. 50, § 79.
N.D.C.C. § 14-02.1-07 Records required - Reporting of practice of abortion
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1. a. All abortion facilities and hospitals in which abortions are performed shall keep records, including admission and discharge notes, histories, results of tests and examinations, nurses' worksheets, social service records, and progress notes, and shall further keep a copy of…
N.D.C.C. § 14-02.1-07.1 Forms
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The department of health and human services shall make available to physicians, hospitals, and all abortion facilities the forms required by this chapter.
N.D.C.C. § 14-02.1-08 Protection of infant born alive - Penalty
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1. A person is guilty of a class C felony if the person knowingly, or negligently, causes the death of an infant born alive. 2. Whenever an unborn child who is the subject of abortion is born alive and is viable, it becomes an abandoned child and a child in need of protection, un…
N.D.C.C. § 14-02.1-09 Humane disposal of nonviable unborn child
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The physician performing the abortion, if performed outside of a hospital, must see to it that the unborn child is disposed of in a humane fashion under regulations established by the department of health and human services. A licensed hospital in which an abortion is performed m…
N.D.C.C. § 14-02.1-10 Concealing stillbirth or death of infant - Penalty
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It is a class A misdemeanor for a person to conceal the stillbirth of a fetus or to fail to report to a physician or to the county coroner the death of an infant under two years of age.
N.D.C.C. § 14-02.1-11 General penalty
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A person violating any provision of this chapter for which another penalty is not specifically prescribed is guilty of a class A misdemeanor. Any person willfully violating a rule or regulation promulgated under this chapter is guilty of an infraction.
N.D.C.C. § 14-02.1-12 Short title
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This chapter may be cited as the North Dakota Abortion Control Act.