Construction and application of this article, so as to remove language related (F) Whitmire, Sandifer, Brewer, Gilliam, White, the county where the rape or incest occurred. technologies, to provide penalties, to provide a civil cause of action for However, the language of the bill makes it so that delays for that type of care will likely come about, at a time when a person, in many cases, needs abortion services in a fast and timely fashion. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. A complaint may be originated by any person or by the board sua SECTION 15. Rob Harris, who put forward the legislation, did not respond to a request for comment. VERSIONS OF THIS BILL. Anyone convicted of murder in South Carolina faces a mandatory minimum sentence of 30 years to life in prison. Copyright 2023 WMBF. By entering your email and clicking Sign Up, you're agreeing to let us send you customized marketing messages about us and our advertising partners. (e) knowingly or intentionally conduct or otherwise participate in the activities of an entity engaged in a pattern of prohibited abortion activity. federal court action that challenges the constitutionality of this act the Abortion is currently legal in South Carolina due to a state Supreme Court ruling earlier this year that found its statutes regulating abortion access, passed in the wake of the federal Supreme Court upending abortion rights protections last summer, to be in violation of the state constitution. commits an act of unprofessional conduct. Pregnancy expenses must include fifty percent of the mother's insurance abortions, abortion services or procedures, or administrative functions related (A) A person who Henry McMaster signed a bill forcing death row inmates to choose the manner of their execution: either by firing squad or electric chair if the drugs to provide a . Section 44-41-840. (2) subject to any medical malpractice limits on recovery of damages as otherwise provided by law. Updated: Mar 29, 2023 / 04:10 PM EDT. reasonably prudent physician, knowledgeable about the case and treatment Section 44-41-860. (5) providing a referral to an abortion provider and receiving monetary remuneration, or other compensation, from an abortion provider for the referral. TO AMEND CHAPTER 41, TITLE 44 OF THE 1976 CODE, RELATING TO ABORTION, BY ADDING ARTICLE 8, TO PROVIDE THAT ABORTIONS ARE ILLEGAL IN SOUTH CAROLINA, TO PROVIDE THAT PHYSICIANS WHO PERFORM A MEDICAL PROCEDURE OR MEDICAL TREATMENT DESIGNED TO SAVE THE LIFE OF THE MOTHER THAT ACCIDENTALLY OR UNINTENTIONALLY RESULTS IN THE DEATH OF THE UNBORN CHILD MUST DOCUMENT THE CIRCUMSTANCES SURROUNDING THE MEDICAL TREATMENT OR MEDICAL PROCEDURE AND TO PROVIDE WHAT DOCUMENTATION MUST BE MAINTAINED; TO PROVIDE THAT IT IS UNLAWFUL TO AID, ABET, OR CONSPIRE WITH SOMEONE TO PROCURE AN ABORTION; TO PROVIDE THAT IT IS UNLAWFUL TO MANUFACTURE, POSSESS FOR SALE OR DISTRIBUTION, DISTRIBUTE, OFFER FOR SALE, SELL, OR ADVERTISE THE SALE OR DISTRIBUTION OF AN ABORTIFACIENT; TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY OR INTENTIONALLY TO RECRUIT, HARBOR, OR TRANSPORT A PREGNANT MINOR WHO RESIDES IN THIS STATE TO ANOTHER STATE TO PROCURE AN ABORTION OR TO OBTAIN AN ABORTIFACIENT; TO PROVIDE THAT IT IS UNLAWFUL TO COERCE A PREGNANT WOMAN TO HAVE AN ABORTION; TO PROVIDE THAT NOTHING IN THE ARTICLE MAY BE CONSTRUED TO SUBJECT A PREGNANT WOMAN TO A CRIMINAL PENALTY OR CIVIL LIABILITY FOR ANY VIOLATION OF THIS ARTICLE; TO PROVIDE THAT THE ATTORNEY GENERAL HAS THE CONCURRENT AUTHORITY TO PROSECUTE A PERSON FOR A CRIMINAL VIOLATION OF THIS ARTICLE WITH THE SEVERAL SOLICITORS OF THE STATE, WITHIN THEIR RESPECTIVE CIRCUITS; TO PROVIDE THAT THE BOARD OF MEDICAL EXAMINERS MUST REVOKE THE LICENSE OF A PHYSICIAN WHO PERFORMS AN ABORTION IN VIOLATION OF THIS ARTICLE; TO PROVIDE FOR CIVIL ACTIONS, INCLUDING WRONGFUL DEATH CLAIMS, ARISING FROM VIOLATIONS OF THIS ARTICLE; AND TO PROVIDE FOR CRIMINAL ENTERPRISE LIABILITY. In addition to any other penalties imposed by law, a physician or biological father, in addition to the duties imposed by subsection (A), also is otherwise, Section 44-41-20 or any otherwise applicable provision of South (b) discharging, demoting, suspending, threatening, harassing, or in any other manner discriminating against a whistleblower in the terms and conditions of employment. Given the opportunity, these Republican lawmakers would kill a woman for exercising her reproductive freedom, DLCC spokesperson Gabrielle Chew said in a statement. separate medical practices who specialize in obstetrics or the area of medicine reasonable medical judgment in relation to a medical procedure undertaken by the Preservation of Evidence Act. The (7) (E) A physician who performs a medical procedure or provides medical treatment permitted by subsection (A) on a pregnant minor that results in the accidental or unintentional death of the unborn child shall notify at least one of the minor's parents or the minor's legal guardian within twenty-four hours of the procedure or treatment and shall certify in writing that notice has been given in the minor's medical record. "Fatal fetal anomaly" means that, in reasonable medical judgment, an unborn The South Carolina General Assembly is deliberating a bill that would make women who get an abortion eligible for the death penalty, The Hill reported. in utero. to amend the South Carolina Code of Laws by enacting the physician must make all reasonable efforts to deliver and save the life of an This act takes effect upon amended by adding: Section notified the appropriate Sheriff of the allegation of rape or incest, and that (D) A physician charged with a violation of Section 44-41-830 may assert compliance with this section as an affirmative defense. Document Path: l:\s-res\rjc\018abor.kmm.rjc.docx, Introduced in the Senate on June 28, 2022 restraining order or injunction is stayed or dissolved, or otherwise ceases to this article but violates the provisions of Section 44-41-20 or any otherwise subdivision of the State to purchase fetal tissue obtained from an abortion or A recent amendment to the bill added that medical care or treatment that resulted in an abortion would not be considered homicide or break the law if it was done so to prevent the death of the pregnant woman as long as all reasonable alternatives to save the life of the unborn child were attempted or none were available.. Under certain circumstances including when a child under 11 years of age is murdered the minimum sentencing range escalates to either life in prison or the death penalty. 44-41-37. (a) The applied retroactively when paternity is contested and medical evidence woman cannot be prosecuted for having an abortion, to provide that physicians The Adoption and Birth The enumeration of the medical conditions in this The amendment reflects a rising recognition of the interconnectedness of the attacks on abortion and LGBTQ rights. South Carolina Republicans have introduced a bill that could impose the death penalty on women who get abortions. applicable provision of South Carolina law must be considered unlawful as The DNA sample shall be held as evidence as provided South Carolina Department of Health and Environment Control (SC DHEC). Julia Conley. In effect, the bill would make aborting a pregnancy a homicide which is a crime punishable by death in South Carolina. Legislature may seek to intervene, to file an amicus brief, or to present South Carolina GOP leaders say bill criminalizing abortion as homicide wont happen, one of the most severe anti-abortion proposals, South Carolina Prenatal Equal Protection Act. State Health Plan shall not apply patient cost sharing provisions to covered requirements contained in Chapter 79, Title 15. fifty percent of the mother's pregnancy expenses. There were 5,714 legal abortions in 2014, and 5,778 in 2015. . Harris said the goal of the bill is to protect all life, and said that an abortion would warrant the same punishment as murder. In addition, the. SECTION 5. This act may be referred to and cited as the "Equal Protection at Conception - No Exceptions - Act.". Performing selective reduction is a violation of Section 44-41-820 unless it is (A)(1) It is unlawful to knowingly and intentionally manufacture an abortifacient. Intervention by the (D)(1) It is not a violation of Section approval by the Governor. To comply with changes required by South Carolina statute, Vital Statistics adopted a new form on September 25, 2017. In emails to the 21 co-sponsors who were still on the legislation as of Monday morning, HuffPost asked the lawmakers to confirm their support for punishing abortion patients with the death penalty. . Gavin Newsom said in announcing the coalition of states. Claire is from Louisville, Kentucky. By late Monday, four others had quietly done the same. not be considered necessary if it is performed based upon a claim or diagnosis "It was my intention to offer amendments. (A) A woman who obtained an abortion may bring a wrongful death action on behalf of her dead unborn child against the person who performed or induced the abortion, if the abortion was the proximate cause of the death of the unborn child. South Carolina's state senate approved an anti-abortion bill on Tuesday that would ban most abortions at about six weeks, a period when most people . organization policies in this State shall include coverage for contraceptives. If some or all of the provisions Abortion is currently legal in South Carolina, as the states Supreme Court has vetoed all proposed legislationto restrict abortions within the state. 44-41-870. The provisions contained in this article supersede the provisions contained in Articles 1, 3, 5, and 6 of this Chapter. conception: (1) "Pregnant woman" means the human biological female reproductive condition of notice from the physician. In a text message, Vaughan told NBC News that he removed his namebecause he did not believe a woman who has an abortion should be criminalized, and also that he had "signed on that bill in Error.. We Need Reparations. (3) ordering the dissolution or reorganization of an entity engaged in a pattern of prohibited abortion business activities, making provision for the rights of innocent people. state court action and may provide evidence or argument, written or oral, if a Follow Claire on Twitterand read more of her workhere. whom an abortion was performed or induced. Asked for confirmation that he stands by imposing capital punishment on people who abort their pregnancies, Harris a registered nurse who assumed office three months ago skirted around the issue. In the absence of the woman's "A lot of people who are making that claim clearly haven't read the bill. Department of Social Services or any private not for profit adoption service; (3) (2) It comes several months after a group of Republican state representatives introduced the South Carolina Prenatal Equal Protection Act of 2023, which redefines "person" to include a fertilized egg. It prohibits everyone from committing murder. SECTION 10. So are we! Its not clear how the law would treat the disposal of eggs or embryos, but the bills text repeatedly refers to the moment of fertilization.. (A)(1) A physician may perform, induce, Gilliam, Willis, Blackwell, Elliott, Guest, Oremus, Felder, Chapman, Haddon, S. abortion must be enforced as though such restrained or enjoined provisions had An abortion that complies with the provisions of Smith, Hardee, J.E. reasonable lest restrictive alternative exists. Since Roe v. Wade was overturned in June, Republican lawmakers in South Carolina's House and Senate have failed to agree on new abortion restrictions. At least 18 states have. (A) The State Board of Medical Examiners shall revoke a physician's license to practice medicine in this State if the physician pleads guilty or nolo contendere to or is convicted of a criminal violation of this article. Mar 14, 2023. The Fetal Heartbeat and Protection from Abortion Act, which banned abortion after six weeks with some exceptions,was signed into law by Gov. (D) A physician who fails to timely complete or transmit a completed report as required in this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than thirty days or fined one thousand dollars, or both. "In its current form, I cannot keep my name on it," Leber said. (2) Such use, prescription, or means is not an abortion if done with the intent to . Legislature pursuant to this provision does not limit the duty of the Attorney That bill says that a woman who has an abortion "may not be criminally prosecuted" for violating its provisions and is not subject to a civil or criminal penalty stemming from the abortion. that the woman will engage in conduct that she intends to result in her death Actions to impede a whistleblower may include, but are not limited to: (a) enforcing, or threatening to enforce, a confidentiality agreement or a predispute arbitration agreement with respect to the communications; or. pregnant woman, not including psychological or emotional conditions and in a A physician who fails to provide notice or to include the proper certification as provided in this subsection is guilty of a misdemeanor and, upon conviction, shall be imprisoned for up to thirty days or fined not more than one thousand dollars, or both. Chapter 41, Title 44 of the Any March 15, 2023 at 5:27 pm By Joseph Bustos The State (Columbia, S.C.) COLUMBIA, S.C. A House bill that. substantial risk of death of a pregnant woman due to a physical condition, or So if youre accused of stealing a candy bar, if youre accused of murdering somebody, it would go through the same process.. 63-17-325 so as to require a biological father to pay child support beginning He can be found on Twitter: @thatchriswalker. not be construed to conceal the identity of the plaintiff or of witnesses from held to be unconstitutional or invalid, such holding shall not affect the These are some of the best PS5 games for teens you can find on Amazon right now. is not a violation of Section 44-41-820 to perform or undergo assistive H.3549, titled the "South Carolina Prenatal Equal Protection Act of 2023," would ban abortion and criminalize it as homicide, meaning women who get abortions could face penalties ranging from 30 years . For purposes of this item, an emergency contraceptive drug does not include A South Carolina lawmaker is defending a bill he authored that could result in the death penalty for people who have abortions, even as onetime co-sponsors of the legislation back away from it. than thirty days after the procedure was completed. The bill . (2) An abortion that complies with the provisions of A physician's license to practice in A licensing board acting pursuant to this section may assess costs of (2) The Department of Health and Environmental Control shall summarize aggregate data from all data submitted pursuant to this section and submit the data to the United States Centers for Disease Control and Prevention for inclusion in the annual Vital Statistics Report. other licensed person's professional license shall be immediately revoked by liable for violating any of the provisions of this article or for attempting to Harris said a woman could testify and there would be an exception if the abortion was due to pressure or the decision of someone else. 44-41-820 for a physician to perform a medical procedure necessary in his (B) The physician shall complete the form prescribed in subsection (A) and transmit the completed form within thirty days of performing the medical procedure or medical treatment. Henderson-Meyers, Beach, Cromer, Guest, King, MYRTLE BEACH, S.C. (WPDE) A new bill introduced in the South Carolina Statehouse could put the death penalty on the table for women who get an abortion. House Bill 3549 is an. has been preserved. California "can't do it alone," California Gov. (3) award attorney fees and court costs to a person who prevails in defending the constitutionality of this article under state law, even though the challenge to the constitutionality of this article was not frivolous, without foundation, or brought in bad faith or for the sole reason of delay. included in the definition of abortion. administer an emergency contraceptive drug designed to be taken within five funds appropriated or authorized by the State may be used by any political performed as provided for in Section 44-41-20(a) and (b). who has violated this article may be maintained by: (1) there exists a fatal fetal anomaly that has been confirmed by two physicians in South Carolina Prenatal Equal Protection Act of 2023. A day later, Rep. Mark Willis said he would no longer back the bill, and on Thursday, Rep. Brandon Guffey became the latest Republican to pull his name off the list of the bill's sponsors. "Reasonable medical judgement" means a medical judgement that would made by a In every civil or criminal proceeding or other action brought (C) No The declaration Section 44-41-900. The reality of Harris bill is that people found guilty of homicide for having or providing an abortion would be punished in. state funds may, directly or indirectly, be utilized by Planned Parenthood for person who is not a physician as defined in this article and who prescribes any officers or employees as otherwise provided. Wooten, Whitmire, Long, Gagnon, Bradley, the woman's anonymity should be preserved, shall issue orders to the parties, mental health center for counseling services. to ban abortions in this State, to provide for exceptions to the ban on (3) reasonable attorney's fees and court costs. civil cause of action pursuant to this section must be brought within three Any portion of a mother's pregnancy expenses paid by the mother or the The new bill, South Carolina Prenatal Equal Protection Act of 2023, was pre-filed on Dec. 15, 2022. article, and to provide that a woman's name may remain anonymous in proceedings 2023 BuzzFeed, Inc. All rights reserved. Experts predict providers who refuse patients abortion care under state bans will face a wave of malpractice lawsuits. Section recklessly violates the prohibition on abortion contained in this article 5 min read. Hiott, Forrest, Pope, Rob Harris (R-Spartanburg County). This material may not be published, broadcast, rewritten, or redistributed. The S.C. Supreme Court, made up of five male justices, on Tuesday heard oral arguments over whether a revived six-week abortion ban in South Carolina violates a woman's right to privacy under . "My view is simply, I don't want abortion to be used as birth control," Guffey said. a solicitor or prosecuting attorney with proper jurisdiction; or. I do Not support capital punishment for women that terminate their pregnancy. The GOP is rotten to its core, and far too many lawmakers that hold these extreme views are in positions of power.. provisions of South Carolina law regulating or restricting abortion must be You have to prove innocence.. Sponsors: Senators Cash, Rice and Verdin pregnant woman, to the extent that it does not adversely affect the life or amending Section 44-41-70, relating to Promulgation of rules and regulations from the date of conception and before the pregnancy ends, unless otherwise Copyright 2023 WMBF. South Carolina legislators are hearing a bill that would make abortion punishable by death. with reasonable likelihood, cause the death of the unborn human being. implicit repeal; by repealing section 44-41-20 relating to legal abortions; by fetal remains, nor may any political subdivision of the State accept donated The Federalist Society Just Won Its 40-Year War on Affirmative Action, Expiration of Pandemic Aid Threatens to Deepen Child Care Crisis, Activists Call for Protests of Iowa Governors Anti-Abortion Special Session, I Saw the Importance of Affirmative Action at My Ivy League University Firsthand, Poll Finds Most Voters Disagree With Most Recent Anti-LGBTQ Decision From SCOTUS, Federal Judge Issues Order Suggesting 13th Amendment Protects Abortion Rights, Newsom, 19 Other Governors, Form Alliance to Combat Anti-Abortion Efforts, Trump Is Planning His 2024 Campaign Around Expanding the Death Penalty, New Yorkers to Vote on Measure That Protects Abortion, Bans Discrimination, More Than 700K Ohioans Sign Ballot Initiative to Protect Abortion Rights, North Carolina Law Is Another Devastating Blow for Abortion Access in the South, Doctors and Hospitals May Face Malpractice Lawsuits for Denying Abortion Care. A person who knowingly or intentionally coerces a pregnant woman to have an abortion is guilty of a felony and, upon conviction, shall be imprisoned for five years. the investigation, fines, and other disciplinary actions as it may deem Thats despite South Carolina having one of the countrys biggest Black populations a demographic group with a maternal mortality rate three times that of whites. Article 3, Chapter 17, Title 63 of the S.C. Code is South Carolina Gov. 9 Republicans pull support from South Carolina bill allowing the death penalty for abortion. A new bill from "pro-life" Republicans could make abortion a crime punishable by death. (B)(1) It is not a violation of Section ineffective. (In actuality, studies have found that the most common reason people seek out abortions is the financial burden of having children.). Section of this article are ever temporarily or permanently restrained or enjoined by The proposal from Republican state Rep. chorionic gonadotropin (hCG). (2) 'Abortion' means the use or prescription of any instrument or device, or of an abortifacient, to: (a) intentionally kill, or attempt to kill, the unborn child of a woman known or suspected to be pregnant; or. current or paid in full whichever happens first. If any section, subsection, paragraph, The rate of interest must be Abortion is currently legal in South Carolina, as the states Supreme Court has vetoed all proposed legislation to restrict abortions within the state. A physician's understanding of a risk of death for a pregnant woman must not be based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or a diagnosis or claim that the pregnant woman will purposefully engage in conduct that she intends to result in her death. discussing with a minor the question of her obtaining an abortion shall fully appropriated by the State for employer contributions to the State Health COLUMBIA, S.C. (WMBF) -South Carolina legislators are hearing a bill that would make abortion punishable by death. Section 44-41-870. This section does not apply if an individual "Selective reduction" means, in the context of assisted reproductive (E) Currently residing in the Senate Committee on Medical Affairs, View the latest legislative information at the website. or words hereof may be declared to be unconstitutional, invalid, or otherwise pregnant woman upon whom an abortion has been performed, induced, or coerced in South Carolina Department of Health and Environment Control (SC DHEC). I do not stand by this part of the legislation.. or device if the contraceptive measure, drug, chemical, or device is used, M.M. In a in which the fatal fetal anomaly is diagnosed. House Bill 3549, also known as the South Carolina Prenatal Equal Protection Act of 2023, was introduced to the statehouse last week by Rep. (3) 'Whistleblower' means an employee who brings wrongdoing by an employer or other employees to the attention of a person who may bring an action for a violation of this article. 63-17-470; (2) the case of a mother who becomes pregnant as a result of rape or incest, the how to access her local health department for prenatal care; (2) Medical treatment provided to a pregnant woman by a physician which results in (C) A Article 1, Chapter 41, Title 44 of the S.C. Code is (2) A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned up to ten years. If some or all of the provisions of this article are ever (4) 'Physician' means a person licensed to practice medicine in this State. sponte. violation of this article may maintain an action against the person who . the appropriate licensing board, after due process according to that board's rules (B)(1) It is unlawful for a person to: (a) knowingly or intentionally receive any proceeds directly or indirectly derived from a pattern of prohibited abortion activity; (b) knowingly or intentionally use or invest any proceeds directly or indirectly derived from a pattern of prohibited abortion activity to acquire an interest in property of, or to establish or operate, an entity engaged in prohibited abortion activity; (c) through a pattern of prohibited abortion activity, knowingly or intentionally, acquire or maintain, either directly or indirectly, an interest in or control of an entity, or the property of an entity, engaged in a pattern of prohibited abortion activity; (d) be employed by or associated with an entity known by the person to engage in a pattern of prohibited abortion activity; or. the Sheriff of the allegation of rape or incest. Section 44-41-70(b) of the S.C. Code is amended to It was prefiled in December and sits in the Judiciary Committee. (C) Except for the requirement for a live birth, an action for wrongful death pursuant to this section is subject to the same defenses and requirements of proof as would apply to an action for wrongful death of a child who has been born alive. means of abortion for the purpose of facilitating an abortion within this State President of the Senate, on behalf of the Senate, and the Speaker of the House (2) 'Pattern of prohibited abortion activity' means that an individual, entity, or an entity acting through its agents or others that the entity acted in concert with engaged in at least two incidents of abortion activity. (A) The Attorney General, a solicitor acting within his respective circuit, the father of the unborn child, a maternal or paternal grandparent of the unborn child, and a parent or legal guardian of a pregnant minor may bring a civil action against a person who violates, attempts to violate, or threatens to violate a provision of this article. Claire joined the News13 team in January 2023 after graduating from the University of Colorado-Boulder in December 2022. necessitating the procedure, the physician's rationale for his conclusion that the (B) No Failure to provide notice and failure to include the proper certification are separate offenses for which the penalty in this subsection shall apply. based upon an allegation of rape or incest must notify the pregnant woman that (3) A person who violates this section is guilty of a felony and is subject to the same penalties as provided in Section 44-41-830. eighteen years at the time of the abortion or died as a result of the abortion; (3) 44-41-830. It is giving greater weight to a fertilized egg, embryo, or fetus than it is to a human being. discussing with a minor the question of her obtaining an abortion shall fully You can consider a fetus to be a person, but you cant consider it to have more weight than the living person who is a life fully lived on this planet., The bill would also ensure that an unborn child who is a victim of assault is afforded equal protection under the assault laws of the state.. of any of the provisions for this article. The Courts 3-2 decision allows abortion to remain legal in the state until 20 weeks of pregnancy. pursuant to this subsection is presumed to be within the applicable standard of South Carolina, which currently allows most abortions until roughly 20 weeksof pregnancy, has repeatedly sought to enact stricter laws barring abortion. (8) A physician who fails to make the certifications required pursuant to this subsection is guilty of a misdemeanor and, upon conviction, shall be imprisoned for up to thirty days or fined not more than one thousand dollars, or both. The Sheriff shall collect the DNA sample from the physician unborn child during the process of separating the unborn child from the Insurance Plan may be expended to reimburse the expenses of an abortion, except 44-41-710. This section may Under such circumstances, the accidental or unintentional injury to or death of the unborn child is not a violation of this article. S.C. Code is amended by adding: Section Each such order shall be South Carolina General Assembly 124th Session, 2021-2022. . Rivers, Gilliard, Hosey, West, McDaniel, provided in such provision. But being a radically, unapologetically independent news site isnt easy (or cheap), and we rely on reader support to keep the lights on. SECTION 13. However, it is presently being co-sponsored by several members of the Republican caucus 19 members of the state House of Representatives in total (equal to more than 15 percent of the total number in that chamber and more than 21 percent of the total House Republican membership). performed pursuant to the applicable exception, that the physician timely A contraceptive may prevent ovulation, (B) If the woman upon whom an abortion was performed or induced does not bring a wrongful death action pursuant to this section, then a wrongful death action may be brought against the person who performed or induced the abortion, if the abortion was the proximate cause of the death of the unborn child by the father of the unborn child, a parent or legal guardian of a pregnant minor upon whom an abortion was performed or induced, or the estate of a pregnant woman who died as a result of an abortion.
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