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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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26-23E-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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26-23G-5
Section 26-23G-5 Civil damages. (a) A cause of action for civil damages against an individual
who has performed a dismemberment abortion in violation of Section 26-23G-3 may be maintained
by any of the following: (1) Any woman upon whom a dismemberment abortion has been performed
in violation of Section 26-23G-3. (2) The father of the unborn child, if married to the woman
at the time the dismemberment abortion was performed. (3) If the woman had not attained the
age of 18 years at the time of the dismemberment abortion or has died as a result of the abortion,
the maternal grandparents of the unborn child. (b) No damages may be awarded a plaintiff if
the pregnancy resulted from criminal conduct of the plaintiff. (c) Damages awarded in such
an action shall include all of the following: (1) Money damages for all injuries, psychological
and physical, occasioned by the dismemberment abortion. (2) Statutory damages equal to three
times the cost of the dismemberment abortion. (Act 2016-397,...
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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, ยง4.)...
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26-23D-1
Section 26-23D-1 Ectopic pregnancy. (a) For the purposes of this section, the term ectopic
pregnancy means any pregnancy resulting from a fertilized egg that has implanted or attached
outside the uterus. The term also includes a pregnancy resulting from a fertilized egg implanted
inside the cornu of the uterus. (b) The term abortion, when used in the Code of Alabama 1975,
or in the Alabama Administrative Code, shall not be construed to include any procedure to
terminate an ectopic pregnancy, unless the statutory provision or rule expressly states that
it is intended to apply to a procedure to terminate an ectopic pregnancy. (c) The requirement
of Section 26-23B-4, for a physician to make a determination of the probable post-fertilization
age of the unborn child prior to an abortion shall apply only to abortion procedures. The
requirements of Section 22-9A-13, for reporting fetal deaths and pregnancy terminations shall
be construed to require a report of the probable post-fertilization...
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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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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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16-22-9
Section 16-22-9 Educational authority sick leave bank plans. (a) The following terms shall
have the following meanings, respectively: (1) CATASTROPHIC ILLNESS. Any illness, injury,
or pregnancy or medical condition related to childbirth, certified by a licensed physician
which causes the employee to be absent from work for an extended period of time. (2) CHIEF
EXECUTIVE OFFICER. The superintendent of any public county or city school system; the President
of the Alabama Institute for Deaf and Blind; the president of any two-year school or college
under the auspices of the State Board of Education; the President of Alabama Agricultural
and Mechanical University; the Superintendent of the Department of Youth Services School District;
the Executive Director of the Alabama School of Fine Arts; and the Executive Director of the
Alabama High School of Mathematics and Science. (3) EDUCATIONAL AUTHORITY or AUTHORITY or
BOARD. Each city and county board of education; the Board of Trustees of 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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22-8A-4
Section 22-8A-4 Advance Directive for Health Care; living will and health care proxy. (a) Any
competent adult may execute a living will directing the providing, withholding, or withdrawal
of life-sustaining treatment and artificially provided nutrition and hydration. Artificially
provided nutrition and hydration shall not be withdrawn or withheld pursuant to the living
will unless specifically authorized therein. (b) A competent adult may execute at any time
a living will that includes a written health care proxy designation appointing another competent
adult to make decisions regarding the providing, withholding, or withdrawal of life-sustaining
treatment and artificially provided nutrition and hydration. Artificially provided nutrition
and hydration shall not be withdrawn or withheld pursuant to the proxy designation unless
specifically authorized therein. A proxy designation made pursuant to this section shall be
accepted in writing by the individual being appointed. The acceptance...
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