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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13A-6-1
under this section. Medical care or treatment includes, but is not limited to, ordering, dispensation
or administration of prescribed medications and medical procedures. (c) A victim of domestic
violence or sexual assault may not be charged under Article 1 or Article 2 for the injury
or death of an unborn child caused by a crime of domestic violence or rape perpetrated upon
her. (d) Nothing in Article 1 or Article 2 shall permit the prosecution of (1) any person
for conduct relating to an abortion for which the consent of the pregnant woman or
a person authorized by law to act on her behalf has been obtained or for which consent is
implied by law or (2) any woman with respect to her unborn child. (e) Nothing in this section
shall make it a crime to perform or obtain an abortion that is otherwise legal. Nothing
in this section shall be construed to make an abortion legal which is not otherwise
authorized by law. (Acts 1977, No. 607, p. 812, §2001; Act 2006-419, p. 1042, §§1, 2.)...

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26-23A-5
developing child at each of the two-week gestational increments, a clear description of the
unborn child's development, any relevant information on the possibility of the unborn child's
survival, and dimensions of the unborn child. The materials shall be realistic, clear, objective,
non-judgmental, and designed to convey only accurate scientific information about the unborn
child at the various gestational ages. (4) The materials shall contain objective information
describing the methods of abortion procedures commonly employed and the medical risks
of each, and the medical risks associated with carrying a child to term. (5) The printed materials
shall list the support obligations of the father of a child who is born alive. (6) The printed
materials shall state that it is unlawful for any individual to coerce a woman to undergo
an abortion, that any physician who performs an abortion upon a woman without
her informed consent may be liable to her for damages in a civil action at law....
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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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26-23A-6
Section 26-23A-6 Availability of information in video format; ultrasound image. (a) All facilities
where abortions are performed and all facilities of physicians who refer for abortion
shall have video viewing equipment. The video that may be shown to those who want to see it
shall be identified by title, updated from time to time by the Department of Public Health,
and shall be objective, non-judgmental, and designed to convey accurate scientific and medical
information, and shall contain at a minimum, the information required in subdivisions (3),
(4), (5), (6), and (7) of subsection (a) of Section 26-23A-5. (b) All facilities where abortions
are performed and all facilities of physicians who refer for abortion shall have ultrasound
equipment. An ultrasound shall be performed on each unborn child before an abortion
is performed. (c) The Department of Public Health shall develop a signature form for verifying
that she has received the complete information as described in Section...
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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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26-21-4
of petition; precedence of proceeding; rules of procedure; waiver of consent; guardian ad litem
for interests of unborn child; findings and conclusions; appeal; no fees or costs; related
criminal charges. (a) A minor who elects not to seek or does not or cannot for any reason,
obtain consent from either of her parents or legal guardian, may petition, on her own behalf,
the juvenile court, or the court of equal standing, in the county in which the minor resides
or in the county in which the abortion is to be performed for a waiver of the consent
requirement of this chapter. Notice by the court to the minor's parents, parent, or legal
guardian shall not be required or permitted. The requirements and procedures under this chapter
shall apply and are available only to minors who are residents of this state. (b) The minor
may participate in proceedings in the court on her own behalf. The court shall advise her
that she has a right to be represented by an attorney and that if she is unable...
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26-23A-10
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 this chapter shall result in the automatic
suspension of his or her license for a period of at least one year and shall be reinstated
after that time only on such conditions as the appropriate regulatory or licensing body shall
require to insure compliance with this chapter. (3) Provide a basis for recovery for the woman
for the wrongful death of the child, whether or not the unborn child was viable at the time
the abortion was performed or was born alive. (Act 2002-419, p. 1074, §10.)...
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