Any tissue, organ, or body part of an unborn or newborn child who has been subject to an induced abortion, other than an abortion necessary to prevent the death of the mother, may not be used in animal or human research or for animal or human transplantation. Nothing in this section precludes any therapy intended to directly benefit the unborn or newborn child who has been subject to the abortion. This section does not prohibit the use for human transplantation of an unborn child or any tissue or organ thereof if removed in the course of removal of an ectopic or a molar pregnancy. Any person who knowingly and for consideration provides, acquires, receives, or otherwise transfers any fetal tissue, organ, or body part in violation of this section is guilty of a Class 6 felony.
S.D. Codified Laws § 34-23A-17
Use of fetal tissue, organs, or body parts for research or transplantation prohibited--Exceptions--Violation as felony
Applied in 1 court decision — leading case Margaret S. v. Edwards (1980)
Most recently applied in Margaret S. v. Edwards (March 1980)
Source: SL 1973, ch 146, § 5; SL 1993, ch 250; SL 2016, ch 177, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.