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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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26-23H-4
Section 26-23H-4 Abortion prohibited; exception. (a) It shall be unlawful for any person
to intentionally perform or attempt to perform an abortion except as provided for by subsection
(b). (b) An abortion shall be permitted if an attending physician licensed in Alabama determines
that an abortion is necessary in order to prevent a serious health risk to the unborn child's
mother. Except in the case of a medical emergency as defined herein, the physician's determination
shall be confirmed in writing by a second physician licensed in Alabama. The confirmation
shall occur within 180 days after the abortion is completed and shall be prima facie evidence
for a permitted abortion. (Act 2019-189, §4.)...
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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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26-23B-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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26-22-3
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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26-23B-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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26-23A-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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26-23B-4
Section 26-23B-4 Determination of postfertilization age of unborn child. (a) Except
in the case of a medical emergency, no abortion shall be performed or induced or be attempted
to be performed or induced unless the physician performing or inducing the abortion has first
made a determination of the probable postfertilization age of the unborn child or relied upon
such a determination made by another physician. In making such a determination, the physician
shall make such inquiries of the woman and perform or cause to be performed such medical examinations
and tests as a reasonably prudent physician, knowledgeable about the case and the medical
conditions involved, would consider necessary to perform in making an accurate diagnosis with
respect to postfertilization age. (b) Failure by any physician to conform to any requirement
of this section constitutes unprofessional conduct. (Act 2011-672, p. 1784, §4.)...
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26-23F-3
Section 26-23F-3 Definitions. For the purpose of this chapter, the following words and
phrases 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. (2) BODILY...
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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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