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 (a) This state's statute criminalizing abortion, Section 13A-13-7, has never been repealed.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and its progeny, which struck down as unconstitutional a Texas statute criminalizing abortion and which effectively repealed by implication and made unenforceable all other state statutes criminalizing abortion.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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26-17-102
Section 26-17-102 Definitions. In this chapter: (1) "Acknowledged father" means a man who has established a father-child relationship under Article 3. (2) "Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child. (3) "Alleged father" means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include: (A) a presumed father; (B) a man whose parental rights have been terminated or declared not to exist; or (C) a male donor who donates in compliance with Section 26-17-702. (4) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse. The term includes: (A) intrauterine insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization and transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means an individual of any age whose...
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13A-6-1
Section 13A-6-1 Definitions. (a) As used in Article 1 and Article 2, the following terms shall have the meanings ascribed to them by this section: (1) CRIMINAL HOMICIDE. Murder, manslaughter, or criminally negligent homicide. (2) HOMICIDE. A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person. (3) PERSON. The term, when referring to the victim of a criminal homicide or assault, means a human being, including an unborn child in utero at any stage of development, regardless of viability. (b) Article 1 or Article 2 shall not apply to the death or injury to an unborn child alleged to be caused by medication or medical care or treatment provided to a pregnant woman when performed by a physician or other licensed health care provider. Mistake, or unintentional error on the part of a licensed physician or other licensed health care provider or his or her employee or agent or any person acting on behalf of...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and phrases shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment of the custody of a child by a parent, or a withholding from the child, without good cause or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or the opportunity for the display of filial affection, or the failure to claim the rights of a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY APPROPRIATE. Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group and, in the case of a specific child, activities or items that are suitable for the child based on the...
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26-10-22
Section 26-10-22 Definitions. As used in this article, the following words shall have the following meanings unless the context indicates otherwise: (1) ADOPTION SUBSIDY. A money payment, services, deferred payment, or any combination thereof that is provided to a child with special needs or circumstances after submission of an application to the department. (2) AGENCY. The department or a child welfare agency which is authorized in its license issued by the department to place children for adoption. (3) APPLICATION. The submission to the department of a complete application as defined by the department with documentation of the child's special needs. (4) CHILD. An individual under 19 years of age, or an individual 19 or 20 years of age and eligible for Title IV-E Federal Funding, who is: a. in the care or custody, or both, of the department, or a public or voluntary licensed child-placing agency, b. legally free for adoption and c. in special need or circumstances because he or she is...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY. A person or entity holding a Department of Human Resources license or approval or certification to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who submits an application for license as a child care or adult care facility to the Department of Human Resources or a child placing agency, or an application for employment or for a volunteer position to a Department of Human Resources licensed child care or adult care facility. With regard to child care and adult care facilities in a home setting, the term includes an adult household member whose residence is in the home. The term also includes an individual who submits an application for a volunteer position or for employment with the Department of Human Resources in a position in which the person has unsupervised...
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26-14-8
Section 26-14-8 Statewide central registry. (a) For the purposes of this section, the following words shall have the following meanings, respectively: (1) INDICATED. When credible evidence and professional judgment substantiates that an alleged perpetrator is responsible for child abuse or neglect. (2) NOT INDICATED. When credible evidence and professional judgment does not substantiate that an alleged perpetrator is responsible for child abuse or neglect. (b) The Department of Human Resources shall establish a statewide central registry for reports of child abuse and neglect made pursuant to this chapter. The central registry shall contain, but shall not be limited to: (1) All information in the written report; (2) Record of the final disposition of the report, including services offered and services accepted; (3) The names and identifying data, dates, and circumstances of any persons requesting or receiving information from the registry; provided, however, that requests for...
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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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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing evidence, that without court-ordered visitation by the grandparent, the child's emotional, mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b) A grandparent may file an original action in a circuit court where his or her grandchild resides or any other court exercising jurisdiction with respect to the grandchild or file a motion to intervene in any action when any court in this state has before it any issue concerning custody of the grandchild, including a domestic relations proceeding involving the parent or parents of the grandchild, for reasonable visitation rights with respect to the grandchild if any of the following circumstances exist: (1) An action for...
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