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26-23B-2
Section 26-23B-2 Legislative findings. The Legislature makes all of the following findings:
(1) Pain receptors (nociceptors) are present throughout the unborn child's entire body by
no later than 16 weeks after fertilization and nerves link these receptors to the brain's
thalamus and subcortical plate by no later than 20 weeks. (2) By eight weeks after fertilization,
the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that
would be recognized as painful if applied to an adult human, for example by recoiling. (3)
For the purposes of surgery on unborn children, fetal anesthesia is routinely administered
and is associated with a decrease in stress hormones compared to their level when painful
stimuli is applied without such anesthesia. (4) In the unborn child, application of such painful
stimuli is associated with significant increases in stress hormones known as the stress response.
(5) Subjection to such painful stimuli is associated with long-term...
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26-21-1
Section 26-21-1 Legislative purpose and findings. (a) It is the intent of the Legislature
in enacting this parental consent provision to further the important and 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...
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26-23B-5
Section 26-23B-5 Abortion prohibited where postfertilization age of unborn child at
least 20 weeks; exception. (a) No person shall perform or induce or attempt to perform or
induce an abortion upon a woman when it has been determined, by the physician performing or
inducing or attempting to perform or induce the abortion or by another physician upon whose
determination that physician relies, that the probable postfertilization age of the unborn
child of the woman is 20 or more weeks unless, in reasonable medical judgment, the woman has
a condition which so complicates her medical condition as to necessitate the abortion of her
pregnancy to avert her death or to avert serious risk of substantial and irreversible physical
impairment of a major bodily function, not including psychological or emotional conditions.
No such condition shall be deemed to exist if it is based on a claim or diagnosis that the
woman will engage in conduct which she intends to result in her death or in substantial...
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26-22-1
Section 26-22-1 Legislative findings and intent. (a) The public policy of the State
of Alabama is to protect life, born, and unborn. This is particularly true concerning unborn
life that is capable of living outside the womb. The Legislature of the State of Alabama finds
there are abortions being done in Alabama after the time of viability and in violation of
its public policy. (b) The Legislature specifically finds the following: (1) Medical evidence
shows there is a survival rate of babies born between ages 23 weeks to 29 weeks gestational
age of 64 percent to 94 percent. (2) In Webster v. Reproductive Health Services, 492 U.S.
499 (1989), the United States Supreme Court determined that viability may occur as early as
23 to 24 weeks gestational age. Also, the United States Supreme Court determined that requiring
fetal viability testing at 20 weeks gestational age is constitutional, because there is up
to a four week margin of error in determining gestational age. (3) In the latest...
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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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22-9A-13
Section 22-9A-13 Reports of fetal death; reports of induced termination of pregnancy.
(a) A report of fetal death shall be filed with the Office of Vital Statistics, or as otherwise
directed by the State Registrar, within five days after the occurrence is known if the fetus
has advanced to, or beyond, the twentieth week of uterogestation. (1) When a fetal death occurs
in an institution, the person in charge of the institution or his or her designated representative
shall prepare and file the report. (2) When a fetal death occurs outside an institution, the
physician in attendance shall prepare and file the report. (3) When a fetal death occurs without
medical attendance, the county medical examiner, the state medical examiner, or the coroner
shall determine the cause of fetal death and shall prepare and file the report. (4) When a
fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance
in this state or when a dead fetus is found in this state and...
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26-22-2
Section 26-22-2 Definitions. The following words shall have the following meanings:
(1) ABORTION. The use of any means to terminate the clinically diagnosable pregnancy of a
woman with knowledge that the termination by those means will, with reasonable likelihood,
cause the death of the unborn child. (2) FERTILIZATION. The fusion of a human spermatozoon
with a human ovum. (3) GESTATIONAL AGE. The age of the unborn child as calculated from the
first day of the last menstrual period of the pregnant woman. (4) HOSPITAL. An institution
licensed pursuant to the provisions of the law of this state. (5) LIVE BIRTH. When used with
regard to a human being, means that the human being was completely expelled or extracted from
his or her mother and after such separation, breathed or showed evidence of any of the following:
Beating of the heart, pulsation of the umbilical cord, definite movement of voluntary muscles,
or any brain-wave activity. (6) MEDICAL EMERGENCY. The condition, which, on the...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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25-5-57
Section 25-5-57 Compensation for disability. (a) Compensation schedule. Following is
the schedule of compensation: (1) TEMPORARY TOTAL DISABILITY. For injury producing temporary
total disability, the compensation shall be 66 2/3 percent of the average weekly earnings
received at the time of injury, subject to a maximum and minimum weekly compensation as stated
in Section 25-5-68, but if at the time of injury the employee received average weekly
earnings of less than the minimum stated in Section 25-5-68, then he or she shall receive
the full amount of the average weekly earnings per week. This compensation shall be paid during
the time of the disability, but at the time as a temporary total disability shall become permanent,
compensation for the continued total disability shall be governed by (a)(4) of this section
with respect to permanent total disability. Payments are to be made at the intervals when
the earnings were payable, as nearly as may be, unless the parties otherwise agree....
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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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