Ruling clarifies when a “fetal heartbeat” is considered to occur under 2023 state law
On May 14, 2025, the South Carolina Supreme Court affirmed that the state’s 2023 Fetal Heartbeat and Protection from Abortion Act bans most abortions after cardiac activity is detectable by ultrasound, which generally occurs around six weeks of pregnancy. The Court ruled against Planned Parenthood South Atlantic and other appellants who argued that the statute’s language permitted abortion up to nine weeks, when the heart’s four chambers have developed.
The decision stems from a long-running legal battle over South Carolina’s abortion laws, revived after the U.S. Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization in 2022. That shift allowed states to enforce restrictions previously blocked by federal courts. South Carolina enacted its first heartbeat-based abortion ban in 2021, which was later revised following a state supreme court ruling that found it unconstitutional under state law. The General Assembly passed the revised 2023 version, which immediately faced renewed legal challenges.
The key issue in the case was how the law defined a “fetal heartbeat.” The Court found the statutory definition ambiguous but sided with the state’s interpretation, ruling that the law’s reference to “steady and repetitive rhythmic contraction of the fetal heart” includes cardiac activity detectable by ultrasound at around six weeks. The justices cited legislative history, court precedent, and medical expert affidavits, noting that both supporters and opponents had referred to the measure as a six-week ban throughout the legislative process.
The Court rejected Planned Parenthood’s argument that the definition required a fully formed four-chamber heart, typically present only after nine weeks. It emphasized that the law’s language does not specify gestational age but focuses on medically observable phenomena. The Court concluded that when electrical cardiac activity becomes detectable via ultrasound, a legally defined “fetal heartbeat” has occurred.
In affirming the lower court’s decision, the justices also dismissed claims that the statute was unconstitutionally vague. While acknowledging that terms like “steady” and “rhythmic” are not medically precise, the Court held that their meaning in context was sufficiently clear, particularly after this interpretive ruling.
Planned Parenthood initially labeled both the 2021 and 2023 laws as “six-week bans” and did not challenge that framing until this latest appeal. The Court pointed to that reversal as undermining the argument that the legislative intent was for a nine-week threshold.
With the ruling now final, the 2023 Act’s six-week threshold remains in force. Planned Parenthood and other appellants have not yet indicated whether they intend to seek a federal review or pursue further legislative changes. No further appeals in state court are available.