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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Section 13A-13-7, has never been repealed.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repealed by implication and made unenforceable all other state statutes criminalizing abortion.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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26-23F-2
Section 26-23F-2 Legislative findings; purpose. (a) The Legislature of the State of Alabama
finds and declares that: (1) Deceased unborn infants deserve the same respect and dignity
as other human beings. (2) The laws of this state do not ensure that deceased unborn infants
receive proper burials or final disposition. (3) Alabama does not specifically prohibit the
sale or transfer of bodily remains of deceased unborn infants for compensation. (4) The dignity
and value of life, especially the lives of children, born or unborn, has been and continues
to be a public policy and often sacred concern of the highest order for the people of this
state. (b) Based on the findings in subsection (a), the purposes of this chapter are to: (1)
Allow parents of deceased unborn infants to provide a dignified final disposition of the bodily
remains of these infants. (2) Prohibit the sale or other unlawful disposition of the bodily
remains of a deceased unborn infant, or the exchange of any compensation...
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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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26-23A-5
developing child at each of the two-week gestational increments, a clear description of the
unborn child's development, any relevant information on the possibility of the unborn child's
survival, and dimensions of the unborn child. The materials shall be realistic, clear, objective,
non-judgmental, and designed to convey only accurate scientific information about the unborn
child at the various gestational ages. (4) The materials shall contain objective information
describing the methods of abortion procedures commonly employed and the medical risks
of each, and the medical risks associated with carrying a child to term. (5) The printed materials
shall list the support obligations of the father of a child who is born alive. (6) The printed
materials shall state that it is unlawful for any individual to coerce a woman to undergo
an abortion, that any physician who performs an abortion upon a woman without
her informed consent may be liable to her for damages in a civil action at law....
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26-21-4
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 are residents of this state. (b) The minor
may participate in proceedings in the court on her own behalf. The court shall advise her
that she has a right to be represented by an attorney and that if she is unable...
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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...
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26-23F-7
common law of this state, violation of any provision of Section 26-23F-5 shall: (1) Provide
a basis for recovery in a civil action for the parent or parents of the infant or the parent,
parents, or guardian of the mother, if the mother is a minor, for experimentation upon bodily
remains. Any relief awarded shall include: a. Money damages for all psychological injuries
occasioned by any violation of this chapter. b. Statutory damages equal to three times the
cost of the mother's delivery or abortion. (2) Provide a basis for professional disciplinary
action by regulatory bodies for the suspension or revocation of any license for physicians,
licensed vocational and registered nurses, or other licensed or regulated health care providers.
(b) Any conviction of any health care provider for any failure to comply with the requirements
of this chapter shall result in the automatic suspension of his or her license for a period
of at least one year and the license shall be reinstated after that...
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27-55-2
Section 27-55-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ABUSE. The occurrence of one or more of the following acts by a family or household
member, as defined by subdivision (3) of subsection (b) of Section 15-10-3: a. Attempting
to cause or intentionally, knowingly, or recklessly causing another person, including a minor
child, bodily injury, severe emotional injury, or psychological trauma or conduct which constitutes
the crime of rape. b. Intentionally following another person, including a minor child, without
proper authority, under circumstances that place the person in reasonable fear of bodily injury
or physical harm. c. Subjecting another person, including a minor child, to false imprisonment
or kidnapping. d. Attempting to cause or intentionally, knowingly, or recklessly causing damage
to property to intimidate or attempt to control the behavior of another person, including
a minor child. e. Assault, child abuse, criminal...
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12-15-312
Section 12-15-312 Reasonable efforts in judicial determinations; situations in which reasonable
efforts are not required to be made. (a) When the juvenile court enters an order removing
a child from his or her home and places the child into foster care or custody of the Department
of Human Resources pursuant to this chapter, the order shall contain specific findings, if
warranted by the evidence, within the following time periods while making child safety the
paramount concern: (1) In the first order of the juvenile court that sanctions the removal,
whether continuation of the residence of the child in the home would be contrary to the welfare
of the child. This order may be the pick-up order that the juvenile court issues on the filing
of a dependency petition. (2) Within 60 days after the child is removed from the home of the
child, whether reasonable efforts have been made to prevent removal of the child or whether
reasonable efforts were not required to be made. (3) Within 12...
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