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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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26-23G-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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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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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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26-23A-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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26-23E-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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26-23H-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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26-23F-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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26-21-3
Section 26-21-3 Written consent of parent or guardian to performing abortion on unemancipated
minor; written statement where abortion to be performed on emancipated minor; waiver of consent
requirement; coercion; forms. (a) Except as otherwise provided in subsections (b) and (d)
of this section and Sections 26-21-4 and 26-21-5 hereof, no physician shall perform an abortion
upon an unemancipated minor unless the physician or his or her agents first obtain the written
consent of either parent or the legal guardian of the minor. (b) The physician who shall perform
the abortion or his or her agents shall obtain or be provided with the written consent from
either parent or legal guardian stating the names of the minor, parent, or legal guardian,
that he or she is informed that the minor desires an abortion and does consent to the abortion,
the date, and the consent shall be signed by either parent or legal guardian. The signatures
of the parents, parent, or legal guardian shall be affixed...
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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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