26-23A-2
Section 26-23A-2 Legislative findings; purpose. (a) The Legislature of the State of Alabama finds that: (1) It is essential to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on her alternatives. (2) Most abortions are performed in clinics devoted solely to providing abortions and family planning services. Most women who seek abortions at these facilities do not have any relationship with the physician who performs the abortion, before or after the procedure. Most women do not return to the facility for post-surgical care. In most instances, the woman's only actual contact with the physician occurs simultaneously with the abortion procedure, with little opportunity to receive counseling concerning her decision. (3) The decision to abort is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences. The medical, emotional,...
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22-12D-1
Alabama women. f. Special health concerns of minority women. (7) To seek funding from private or governmental entities to carry out the purposes of this chapter. (8) To prepare materials for publication and dissemination to the public on women's health. (9) To conduct public educational forums in Alabama to raise public awareness and to educate citizens about women's health programs, issues, and services. (10) To coordinate the activities and programs of the Office of Women's Health with other entities that focus on women's health or women's issues. (11) To provide that the State Health Officer, within his or her annual report to the Governor and the Legislature, shall include information regarding the successes of the programs of the Office of Women's Health, priorities and services needed for women's health in Alabama, and areas for improvement. (b) The Office of Women's Health will not advocate, promote or otherwise advance abortion or abortifacients. (Act 2002-141, p. 384, §1.)...
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26-23-6
Section 26-23-6 Conspiracy. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this chapter for a conspiracy to violate this chapter or for any other offense which is unlawful under this chapter. (Acts 1997, No. 97-485, p. 843, §6.)...
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26-23-5
Section 26-23-5 Civil action. The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. The relief shall be limited to monetary compensation for all injuries, psychological and physical, occasioned by a violation under this chapter and monetary punitive compensation as allowed by law. (Acts 1997, No. 97-485, p. 843, §5.)...
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26-23-4
Section 26-23-4 Life of mother exception. Section 26-23-3 shall not apply to a partial-birth abortion that is necessary to save the life of a mother. (Acts 1997, No. 97-485, p. 843, §4.)...
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26-23-3
Section 26-23-3 Felony conviction. Any physician who knowingly performs a partial-birth abortion within this state and thereby kills a human fetus shall be guilty of a Class C felony and upon conviction thereof shall be punished as prescribed by law. (Acts 1997, No. 97-485, p. 843, §3.)...
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26-23-2
Section 26-23-2 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) FATHER. The biological father of the human fetus. (2) MOTHER. The female who is pregnant with a live human fetus which may be subject to a partial-birth abortion under this chapter. (3) PARTIAL-BIRTH ABORTION. An abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. (4) PHYSICIAN. A doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state or any other individual legally authorized by the state to perform abortions. This definition shall also include any individual who is not a physician or is not otherwise legally authorized by the state to perform abortions, but who nevertheless performs a partial-birth abortion. (Acts 1997, No. 97-485, p. 843, §2.)...
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26-22-5
Section 26-22-5 Interpretation. Nothing in this chapter shall be construed to recognize a right to abortion or to make legal an abortion that is otherwise unlawful. (Acts 1997, No. 97-442, p. 746, §5.)...
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26-22-4
Section 26-22-4 Viability testing. Except in the case of a medical emergency, prior to performing an abortion upon a woman subsequent to her first 19 weeks of pregnancy, the physician shall determine whether, in his or her good faith medical judgment, the child is viable. When the physician has determined that a child is viable, he or she shall report the basis for his or her determination that the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. When the physician has determined that a child is not viable after the first 19 weeks of pregnancy, he or she shall report the basis for such determination. (Acts 1997, No. 97-442, p. 746, §4.)...
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26-22-3
Section 26-22-3 Prohibition, exceptions, and regulations. (a) Prohibition. Except as provided in subsection (b), no person shall intentionally, knowingly, or recklessly perform or induce an abortion when the unborn child is viable. (b) Exceptions. (1) It shall not be a violation of subsection (a) if an abortion is performed by a physician and that physician reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. No abortion shall be deemed authorized under this paragraph if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible impairment of a major bodily function. (2) It shall not be a violation of subsection (a) if the abortion is performed by a physician and that physician reasonably believes, after making a determination of the viability of the unborn child in...
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