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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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26-23E-3
Section 26-23E-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. 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 the unborn child prematurely in order to preserve the health of both
the mother (pregnant woman) and her unborn child. The term abortion as used in this chapter,
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. For the purposes of this chapter,...
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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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26-23B-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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26-23B-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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26-10D-2
Section 26-10D-2 Legislative findings. The Legislature finds all of the following: (1) Alabama
provides state licensed child placing services through various state, charitable, religious,
and private organizations. (2) Religious organizations, in particular, have a lengthy and
distinguished history of providing child placing services that predate government involvement.
(3) Religious organizations have long been licensed and should continue to contract with and
be licensed by the state to provide child placing services. (4) The faith of the people of
the United States has always played a vital role in efforts to serve the most vulnerable,
and this chapter seeks to ensure that people of any faith, or no faith at all, are free to
serve children and families who are in need in ways consistent with the communities that first
inspired their service. (5) Religious organizations display particular excellence when providing
child placing services. (6) Religious organizations cannot provide...
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26-23A-10
Section 26-23A-10 Remedies. In addition to whatever remedies are available under the common
or statutory law of this state, failure to comply with the requirements of this chapter shall:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction
under this chapter shall be admissible in a civil suit as prima facie evidence of a failure
to obtain an informed consent or parental or judicial consent. The civil action may be based
on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness,
intention, or other legal standard of care. (2) Provide a basis for professional disciplinary
action under any applicable statutory or regulatory procedure for the suspension or revocation
of any license for physicians, psychologists, licensed social workers, licensed professional
counselors, registered nurses, or other licensed or regulated persons. Any conviction of any
person for any failure to comply with the requirements of...
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41-9-990
Section 41-9-990 Legislative findings. The Legislature of Alabama finds and declares all of
the following: (1) On Sunday, March 7, 1965, citizens participating in a peaceful march while
seeking their voting rights were beaten as they attempted to cross the Edmond Pettus Bridge
in Selma, Alabama. (2) The initial impetus for the march on March 7, 1965, derived from the
killing of Jimmy Lee Jackson in Marion, Alabama, and the majority of the citizens on the march
were citizens of Perry County, Alabama, who had traveled in a processional from Marion via
Highway 14 to Selma, Alabama. (3) On March 21, 1965, the Selma to Montgomery March brought
international attention to the State of Alabama. (4) Over 25,000 people marched together in
a fight for the right to vote, free and fair from any discrimination. (5) Due in part to the
effort of the participants in the Selma to Montgomery March, the federal government enacted
the Voting Rights Act of 1965, thereby protecting the right of all citizens...
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26-10A-12
Section 26-10A-12 Persons who may take consent or relinquishments; forms. (a) A consent of
the natural mother taken prior to the birth of a child shall be signed or confirmed before
a judge of probate. At the time of taking the consent the judge shall explain to the consenting
parent the legal effect of signing the document and the time limits and procedures for withdrawal
of the consent and shall provide the parent with a form for withdrawing the consent in accordance
with the requirements of Sections 26-10A-13 and 26-10A-14. (b) All other pre-birth or post-birth
consents or relinquishments shall be signed or confirmed before: (1) A judge or clerk of any
court which has jurisdiction over adoption proceedings, or a public officer appointed by such
judge for the purpose of taking consents; or (2) A person appointed to take consents who is
appointed by any agency which is authorized to conduct investigations or home studies provided
by Section 26-10A-19, or, if the consent is taken out...
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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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