Establish an individual's right to make autonomous decisions about the individual's reproductive health care, and to repeal provisions related to abortion.
The legislation fundamentally changes the landscape of reproductive rights in South Dakota by repealing existing laws that were more restrictive regarding abortion access. This bill asserts that no individual may be penalized for decisions surrounding their reproductive health, significantly enhancing protections for pregnant individuals against discrimination or prosecution based on their reproductive choices. The provisions emphasize that the rights to make decisions about one’s health are paramount and cannot be undermined by external pressures, particularly from state authority.
Senate Bill 210 (SB210), introduced by Senator Nesiba, establishes an individual's right to make autonomous decisions regarding reproductive health care, explicitly recognizing the right to abortion. The bill aims to ensure that every individual has the ability to either continue a pregnancy or choose to terminate it based on their own decisions. It redefines the term 'reproductive health care' to encompass a variety of services related to pregnancy and maternal health, including abortion care, contraception, and counseling, positioning it as a fundamental healthcare right.
Notably, SB210 introduces significant points of contention regarding the state's recognized relationship with unborn entities, stating that the rights extended do not apply to fertilized eggs, embryos, or fetuses. Critics of the bill may argue that it could challenge existing legal frameworks prioritizing fetal rights over a pregnant individual's autonomy. Furthermore, the bill allows individuals to seek civil litigation for violations, raising concerns about potential legal implications and resource allocation for both individuals seeking abortions and health care providers.