Code of Alabama

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26-21-5
Section 26-21-5 Medical emergencies. This chapter shall not apply when, in the best clinical
judgment of the attending physician on the facts of the case before him, a medical emergency
exists that so compromises the health, safety, or well-being of the mother as to require an
immediate abortion. A physician who does not comply with Sections 26-21-3 and 26-21-4
by reason of this exception shall state in the medical record of the abortion, the
medical indications on which his or her judgment was based. (Acts 1987, No. 87-286, p. 397,
§5.)...
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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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26-22-3
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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26-21-1
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 concerning the child, and (5) parents who are aware that their minor daughter has
had an abortion may better insure that she receives adequate medical attention after...

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26-22-2
Section 26-22-2 Definitions. The following words shall have the following meanings: (1) ABORTION.
The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge
that the termination by those means will, with reasonable likelihood, cause the death of the
unborn child. (2) FERTILIZATION. The fusion of a human spermatozoon with a human ovum. (3)
GESTATIONAL AGE. The age of the unborn child as calculated from the first day of the last
menstrual period of the pregnant woman. (4) HOSPITAL. An institution licensed pursuant to
the provisions of the law of this state. (5) LIVE BIRTH. When used with regard to a human
being, means that the human being was completely expelled or extracted from his or her mother
and after such separation, breathed or showed evidence of any of the following: Beating of
the heart, pulsation of the umbilical cord, definite movement of voluntary muscles, or any
brain-wave activity. (6) MEDICAL EMERGENCY. The condition, which, on the...
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26-23A-3
Section 26-23A-3 Definitions. For the purposes of this chapter, the following terms 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. 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 an unborn child prematurely in order to preserve the health of both the mother
(pregnant woman) and her unborn child. (2) CONCEPTION. The fusion of a human spermatozoon
with a human ovum. (3) EMANCIPATED MINOR. Any minor who is or has been married or has by court
order otherwise been legally freed from the care, custody, and control of her parents. (4)
GESTATIONAL AGE. The time that has elapsed since the first day of the woman's last menstrual
period. (5) MEDICAL EMERGENCY. That condition which, on the basis of the physician's...
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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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26-23A-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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26-22-4
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, §4.)...
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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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