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26-23G-3
Section 26-23G-3 Dismemberment abortion prohibited unless necessary to prevent serious
health risk to mother of unborn child. (a) Notwithstanding any other provision of law, it
shall be unlawful for any individual to purposely perform or attempt to perform a dismemberment
abortion and thereby kill an unborn child unless necessary to prevent serious health
risk to the unborn child's mother. (b) An individual accused in any proceeding of unlawful
conduct under subsection (a) may seek a hearing before the State Board of Medical Examiners
on whether the dismemberment abortion was necessary to prevent serious health risk
to the unborn child's mother. The findings of the board are admissible on that issue at any
trial in which such unlawful conduct is alleged. Upon a motion of the individual accused,
the court shall delay the beginning of the trial for not more than 30 days to permit the hearing
to take place. (c) No woman upon whom an abortion is performed or attempted to be performed
shall...
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26-23E-10
Section 26-23E-10 Paternity inquiries of pregnant minor child; reporting requirements. (a)
Any minor child under the age of 16 seeking an abortion from an abortion or
reproductive health care facility shall be asked by the physician performing the abortion
or his or her agent to state the name and age of the individual who is believed to be the
father of the unborn child. While the minor child may refuse to provide the father's name
and age, she should be encouraged to do so by the physician or agent consistent with the physician's
legal obligation to reduce the incidence of child abuse when there is reason to suspect that
it has occurred. (b) In addition to any other abuse reporting requirements that may apply
to the staff of an abortion or reproductive health center, if the reported age of the
father is two or more years greater than the age of the minor child, the facility shall report
the names of the pregnant minor child and the father to both local law enforcement and the
county...
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26-23G-5
Section 26-23G-5 Civil damages. (a) A cause of action for civil damages against an individual
who has performed a dismemberment abortion in violation of Section 26-23G-3 may be
maintained by any of the following: (1) Any woman upon whom a dismemberment abortion
has been performed in violation of Section 26-23G-3. (2) The father of the unborn child, if
married to the woman at the time the dismemberment abortion was performed. (3) If the
woman had not attained the age of 18 years at the time of the dismemberment abortion
or has died as a result of the abortion, the maternal grandparents of the unborn child.
(b) No damages may be awarded a plaintiff if the pregnancy resulted from criminal conduct
of the plaintiff. (c) Damages awarded in such an action shall include all of the following:
(1) Money damages for all injuries, psychological and physical, occasioned by the dismemberment
abortion. (2) Statutory damages equal to three times the cost of the dismemberment
abortion. (Act 2016-397,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23G-5.htm - 1K - Match Info - Similar pages
26-23B-4
Section 26-23B-4 Determination of postfertilization age of unborn child. (a) Except in the
case of a medical emergency, no abortion shall be performed or induced or be attempted
to be performed or induced unless the physician performing or inducing the abortion
has first made a determination of the probable postfertilization age of the unborn child or
relied upon such a determination made by another physician. In making such a determination,
the physician shall make such inquiries of the woman and perform or cause to be performed
such medical examinations and tests as a reasonably prudent physician, knowledgeable about
the case and the medical conditions involved, would consider necessary to perform in making
an accurate diagnosis with respect to postfertilization age. (b) Failure by any physician
to conform to any requirement of this section constitutes unprofessional conduct. (Act 2011-672,
p. 1784, ยง4.)...
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26-23D-1
Section 26-23D-1 Ectopic pregnancy. (a) For the purposes of this section, the term ectopic
pregnancy means any pregnancy resulting from a fertilized egg that has implanted or attached
outside the uterus. The term also includes a pregnancy resulting from a fertilized egg implanted
inside the cornu of the uterus. (b) The term abortion, when used in the Code of Alabama
1975, or in the Alabama Administrative Code, shall not be construed to include any procedure
to terminate an ectopic pregnancy, unless the statutory provision or rule expressly states
that it is intended to apply to a procedure to terminate an ectopic pregnancy. (c) The requirement
of Section 26-23B-4, for a physician to make a determination of the probable post-fertilization
age of the unborn child prior to an abortion shall apply only to abortion procedures.
The requirements of Section 22-9A-13, for reporting fetal deaths and pregnancy terminations
shall be construed to require a report of the probable post-fertilization...
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26-21-1
compelling state interests of: (1) protecting minors against their own immaturity, (2) fostering
the family structure and preserving it as a viable social unit, and (3) protecting the rights
of parents to rear children who are members of their household. (b) The Legislature finds
as fact that: (1) immature minors often lack the ability to make fully informed choices that
take account of both immediate and long-range consequences, (2) the medical, emotional, and
psychological consequences of abortion are serious and can be lasting, particularly
when the patient is immature, (3) the capacity to become pregnant and the capacity for mature
judgment concerning the wisdom of an abortion are not necessarily related, (4) parents
ordinarily possess information essential to a physician's exercise of his or her best medical
judgment concerning the child, and (5) parents who are aware that their minor daughter has
had an abortion may better insure that she receives adequate medical attention after...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-21-1.htm - 3K - Match Info - Similar pages
26-23H-2
Section 26-23H-2 Legislative Findings. (a) This state's statute criminalizing abortion,
Section 13A-13-7, has never been repealed. It has remained unenforceable as a result of the
U.S. Supreme Court decision in Roe v. Wade, 410 U.S. 113 (1973) and its progeny, which struck
down as unconstitutional a Texas statute criminalizing abortion and which effectively
repealed by implication and made unenforceable all other state statutes criminalizing abortion.
(b) On November 6, 2018, electors in this state approved by a majority vote a constitutional
amendment to the Constitution of Alabama of 1901 declaring and affirming the public policy
of the state to recognize and support the sanctity of unborn life and the rights of unborn
children. The amendment made it clear that the Constitution of Alabama of 1901 does not include
a right to an abortion or require the funding of abortions using public funds. (c)
In present state law, Section 13A-6-1 defines a person for homicide purposes to include an...
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16-22-9
Section 16-22-9 Educational authority sick leave bank plans. (a) The following terms shall
have the following meanings, respectively: (1) CATASTROPHIC ILLNESS. Any illness, injury,
or pregnancy or medical condition related to childbirth, certified by a licensed physician
which causes the employee to be absent from work for an extended period of time. (2) CHIEF
EXECUTIVE OFFICER. The superintendent of any public county or city school system; the President
of the Alabama Institute for Deaf and Blind; the president of any two-year school or college
under the auspices of the State Board of Education; the President of Alabama Agricultural
and Mechanical University; the Superintendent of the Department of Youth Services School District;
the Executive Director of the Alabama School of Fine Arts; and the Executive Director of the
Alabama High School of Mathematics and Science. (3) EDUCATIONAL AUTHORITY or AUTHORITY or
BOARD. Each city and county board of education; the Board of Trustees of the...
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26-23B-2
the lives of unborn children from the stage at which substantial medical evidence indicates
that they are capable of feeling pain is intended to be separate from and independent of Alabama's
compelling state interest in protecting the lives of unborn children from the stage of viability,
and neither state interest is intended to replace the other. (14) Mindful of Leavitt v. Jane
L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state
statute regulating abortion, the United States Supreme Court noted that an explicit
statement of legislative intent specifically made applicable to a particular statute is of
greater weight than a general savings or severability clause, it is the intent of this state
that if any one or more provisions, sections, subsections, sentences, clauses, phrases, or
words of this act or the application thereof to any person or circumstance is found to be
unconstitutional, the same is hereby declared to be severable and the...
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22-8A-4
Section 22-8A-4 Advance Directive for Health Care; living will and health care proxy. (a) Any
competent adult may execute a living will directing the providing, withholding, or withdrawal
of life-sustaining treatment and artificially provided nutrition and hydration. Artificially
provided nutrition and hydration shall not be withdrawn or withheld pursuant to the living
will unless specifically authorized therein. (b) A competent adult may execute at any time
a living will that includes a written health care proxy designation appointing another competent
adult to make decisions regarding the providing, withholding, or withdrawal of life-sustaining
treatment and artificially provided nutrition and hydration. Artificially provided nutrition
and hydration shall not be withdrawn or withheld pursuant to the proxy designation unless
specifically authorized therein. A proxy designation made pursuant to this section shall be
accepted in writing by the individual being appointed. The acceptance...
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