|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23G-2.htm - 3K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23G-5.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23A-5.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23D-1.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23H-2.htm - 3K - Match Info - Similar pages
26-22-4
Section 26-22-4 Viability testing. Except in the case of a medical emergency, prior to performing
an abortion upon a woman subsequent to her first 19 weeks of pregnancy, the physician shall
determine whether, in his or her good faith medical judgment, the child is viable. When the
physician has determined that a child is viable, he or she shall report the basis for his
or her determination that the abortion 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.
When the physician has determined that a child is not viable after the first 19 weeks of pregnancy,
he or she shall report the basis for such determination. (Acts 1997, No. 97-442, p. 746, ยง4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-22-4.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-1.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23B-2.htm - 4K - Match Info - Similar pages
26-23A-10
Section 26-23A-10 Remedies. In addition to whatever remedies are available under the common
or statutory law of this state, failure to comply with the requirements of this chapter shall:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction
under this chapter shall be admissible in a civil suit as prima facie evidence of a failure
to obtain an informed consent or parental or judicial consent. The civil action may be based
on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness,
intention, or other legal standard of care. (2) Provide a basis for professional disciplinary
action under any applicable statutory or regulatory procedure for the suspension or revocation
of any license for physicians, psychologists, licensed social workers, licensed professional
counselors, registered nurses, or other licensed or regulated persons. Any conviction of any
person for any failure to comply with the requirements of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-23A-10.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-21-1.htm - 3K - Match Info - Similar pages
|