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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26-23B-3
Section 26-23B-3 Definitions. For purposes of this chapter, the following terms shall
have the following meanings: (1) ABORTION. The use or prescription of any instrument, medicine,
drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant
with an intention other than to increase the probability of a live birth, to preserve the
life or health of the child after live birth, or to remove a dead unborn child who died as
the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant
woman or her unborn child, and which causes the premature termination of the pregnancy. (2)
ATTEMPT TO PERFORM OR INDUCE AN ABORTION. An act, or an omission of a statutorily required
act, that, under the circumstances as the actor believes them to be, constitutes a substantial
step in a course of conduct planned to culminate in the performance or induction of an abortion
in this state in violation of this chapter. (3) FERTILIZATION. The...
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26-23G-2
Section 26-23G-2 Definitions. For the purposes of this chapter, the following terms
shall have the following meanings: (1) ABORTION. The same as defined in Section 26-21-2.
(2) ATTEMPT TO PERFORM AN ABORTION. a. To do or omit to do anything that, under the circumstances
as the actor believes them to be, is an act or omission constituting a substantial step in
a course of conduct planned to culminate in the actor performing an abortion. Such substantial
steps include, but are not limited to, any of the following: 1. Agreeing with an individual
to perform an abortion on that individual or on some other individual, whether or not the
term abortion is used in the agreement, and whether or not the agreement is contingent on
another factor, such as receipt of payment or a determination of pregnancy. 2. Scheduling
or planning a time to perform an abortion on an individual, whether or not the term abortion
is used, and whether or not the performance is contingent on another factor, such as...
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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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26-22-3
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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26-23A-3
Section 26-23A-3 Definitions. For the purposes of this chapter, the following terms
have the following meanings: (1) ABORTION. The use or prescription of any instrument, medicine,
drug, or any other substance or device with the intent to terminate the pregnancy of a woman
known to be pregnant. Such use or prescription is not an abortion if done with the intent
to save the life or preserve the health of an unborn child, remove a dead unborn child, or
to deliver an unborn child prematurely in order to preserve the health of both the mother
(pregnant woman) and her unborn child. (2) CONCEPTION. The fusion of a human spermatozoon
with a human ovum. (3) EMANCIPATED MINOR. Any minor who is or has been married or has by court
order otherwise been legally freed from the care, custody, and control of her parents. (4)
GESTATIONAL AGE. The time that has elapsed since the first day of the woman's last menstrual
period. (5) MEDICAL EMERGENCY. That condition which, on the basis of the physician's...
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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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26-23H-3
Section 26-23H-3 Definitions. As used in this chapter, the following terms shall have
the following meanings: (1) ABORTION. The use or prescription of any instrument, medicine,
drug, or any other substance or device with the intent to terminate the pregnancy of a woman
known to be pregnant with knowledge that the termination by those means will with reasonable
likelihood cause the death of the unborn child. The term does not include these activities
if done with the intent to save the life or preserve the health of an unborn child, remove
a dead unborn child, to deliver the unborn child prematurely to avoid a serious health risk
to the unborn child's mother, or to preserve the health of her unborn child. The term does
not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy,
nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn
child has a lethal anomaly. (2) ECTOPIC PREGNANCY. Any pregnancy resulting from...
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26-23A-8
Section 26-23A-8 Medical emergency abortions. (a) Where a medical emergency compels
the performance of an abortion, the physician shall inform the woman, before the abortion
if possible, of the medical indications supporting his or her judgment that an abortion is
necessary to avert her death or to avert substantial and irreversible impairment of a major
bodily function. (b) The Department of Public Health shall develop a signature form for recording
the medical conditions associated with a medical emergency abortion. A signed copy of the
abortion, and the original copy retained in the woman's medical file for the time required
by law, but not less than four years. (Act 2002-419, p. 1074, §8.)...
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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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