S. Dakota to require waivers be signed before abortions

PIERRE, S.D. -- National opponents of abortion rights gained another possible foothold yesterday with a new state law in South Dakota that requires doctors, before performing abortions, to have their patients sign a statement acknowledging that they are terminating the life of ''a whole, separate, unique, living human being."

The statement tells a woman that she has ''an existing relationship with that unborn human being" and the relationship is protected under the US Constitution and the laws of South Dakota.

Supporters of the bill say that in essence, women would have to waive their parental rights before receiving an abortion, similar in concept to when parents appear before a judge to give up legal custody of a child.

''It is extremely important that we recognize this relationship exists," said state Representative Roger Hunt, a Republican and the prime sponsor of the bill.

If an abortion is performed without the woman having signed the waiver, the doctor would face misdemeanor charges that carry penalties of up to 30 days in jail or a $200 fine.

Women must also be told of the mental and physical health risks of abortion. If a woman has questions, the doctor must answer them in writing, and the answers become part of the patient's medical records.

State Representative Tom Van Norman, a Democrat who opposes the change, contended that because of the citing of constitutional rights, women would need to have an attorney present when signing such a waiver. Van Norman, who is a lawyer, added that county and state governments would need to provide attorneys, at public expense, to women who could not afford legal counsel.

Governor Mike Rounds, a Republican, announced yesterday that he signed the South Dakota legislation into law, along with three other measures passed overwhelmingly by abortion opponents in the state Legislature.

One of the bills also reinstates South Dakota's ban against nearly all abortions if the US Supreme Court ever overturns its Roe v. Wade decision legalizing abortions. The only exception in South Dakota would be to save the life of the mother. Performing an abortion would once again become a felony, punishable by up to two years in prison and a $2,000 fine.

South Dakota already has an informed-consent requirement; the new requirements would take effect July 1. They were opposed by Planned Parenthood and the American Civil Liberties Union, whose lobbyists argued they will be found unconstitutional when challenged in the federal courts.

''We believe that while our current law is certainly constitutional, this change would in fact make it unconstitutional. . . . The language in this bill is unprecedented and it's begging for a court challenge," said Kate Looby, the Planned Parenthood director in South Dakota.

She said physicians would be required to become ''the courier of the state's ideological message on abortion" and criticized the law's language as vague, ''especially when the physician is facing a possible [jail] sentence."

A supporter of the change said women need more information when considering abortion.

''As a woman, a mother, and a grandmother, I can't express enough the need for factual information to be given to every woman seeking an abortion," said state Senator Julie Bartling, a Democrat. ''Choosing to give up her relationship with her child is a choice that every pregnant woman must make voluntarily and with full understanding."