Notwithstanding any of the provisions of N.C. Gen. Stat. § 14-44 and N.C. Gen. Stat. § 14-45, and subject to the provisions of this Article, it shall not be unlawful to procure or cause a miscarriage or an abortion in the State of North Carolina in the following circumstances:

(1) When a qualified physician determines there exists a medical emergency.

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Terms Used In North Carolina General Statutes 90-21.81B

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3

(2) During the first 12 weeks of a woman’s pregnancy, when the procedure is performed by a qualified physician licensed to practice medicine in this State in a hospital, ambulatory surgical center, or clinic certified by the Department of Health and Human Services to be a suitable facility for the performance of abortions, in accordance with N.C. Gen. Stat. § 90-21.82A or during the first 12 weeks of a woman’s pregnancy when a medical abortion is procured.

(3) After the twelfth week and through the twentieth week of a woman’s pregnancy, when the procedure is performed by a qualified physician in a suitable facility in accordance with N.C. Gen. Stat. § 90-21.82A when the woman’s pregnancy is a result of rape or incest.

(4) During the first 24 weeks of a woman’s pregnancy, if a qualified physician determines there exists a life-limiting anomaly in accordance with this Article. (2023-14, s. 1.2; 2023-65, s. 14.1(c).)