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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Section 13A-13-7, has never been repealed.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repealed by implication and made unenforceable all other state statutes criminalizing abortion.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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26-23A-5
Section 26-23A-5 Publication of required materials. (a) The Department of Public Health
shall publish within 180 days after October 14, 2002, and shall update on an annual basis,
the following easily comprehensible printed materials: (1) Geographically indexed printed
materials designed to inform the woman of public and private agencies and services available
to provide medical and financial assistance to a woman through pregnancy, prenatal care, upon
childbirth, and while her child is dependent. The materials shall include a comprehensive
list of the agencies, a description of the services offered, and the telephone numbers and
addresses of the agencies. (2) The printed materials shall include a list of adoption agencies
geographically indexed and that the law permits adoptive parents to pay the cost of prenatal
care, childbirth, and neonatal care. (3) Printed materials that inform the pregnant woman
of the probable anatomical and physiological characteristics of the unborn child at...
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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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26-23G-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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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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26-23A-4
Section 26-23A-4 Voluntary and informed consent required for abortion. Except in the
case of a medical emergency, no abortion shall be performed or induced without the voluntary
and informed consent of the woman upon whom the abortion is to be performed or induced. Except
in the case of a medical emergency, consent to an abortion is voluntary and informed if and
only if: (a) At least 48 hours before the abortion, the physician who is to perform the abortion,
the referring physician, or a qualified person has informed and provided the woman in person,
or by return receipt certified mail restricted delivery, and if by mail, again in person prior
to the abortion, a copy of the printed materials in Section 26-23A-5 which list agencies
that offer assistance, adoption agencies, development of the unborn child, methods and risks
of abortion and childbirth, father's obligations, and alternatives to abortion. Mailing of
the materials in Section 26-23A-5 may be arranged by telephone. (b) Prior...
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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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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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26-23G-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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26-23B-7
Section 26-23B-7 Civil remedies. (a) Any woman upon whom an abortion has been performed
or induced in violation of this chapter, or the father of the unborn child who was the subject
of such an abortion, may maintain an action against the person who performed or induced the
abortion in intentional, knowing, or reckless violation of this chapter for actual and punitive
damages. Any woman upon whom an abortion has been attempted in violation of this chapter may
maintain an action against the person who attempted to perform the abortion in intentional,
knowing, or reckless violation of this chapter for actual damages. (b) A cause of action for
injunctive relief against any person who has intentionally, knowingly, or recklessly violated
this chapter and Section 22-9A-13 may be maintained by the woman upon whom an abortion
was performed or induced or attempted to be performed or induced in violation of this chapter,
by any person who is the spouse, parent, sibling, or guardian of, or a...
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