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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Section 13A-13-7, has never been repealed.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repealed by implication and made unenforceable all other state statutes criminalizing abortion.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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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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26-22-2
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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26-23G-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...
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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-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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26-21-1
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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22-9A-13
prepare and file the report. (2) When the induced termination of pregnancy is performed outside
an institution, the physician in attendance shall prepare and file the report. (3) Beginning
January 1, 2012, the Office of Vital Statistics shall collect the following information for
all induced terminations of pregnancies in addition to information already collected; provided,
that the definition of induced termination of pregnancy in Section 22-9A-1(5) shall be construed
to include every abortion as defined in Section 26-23B-3(1). a. Postfertilization age:
1. If a determination of probable postfertilization age was made, whether ultrasound was employed
in making the determination, and the week of probable postfertilization age determined. 2.
If a determination of probable postfertilization age was not made, the basis of the determination
that a medical emergency existed. b. Method of abortion: Which of the following was
employed: 1. Medication abortion (such as, but not limited to,...
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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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26-23B-7
Section 26-23B-7 Civil remedies. (a) Any woman upon whom an abortion has been performed
or induced in violation of this chapter, or the father of the unborn child who was the subject
of such an abortion, may maintain an action against the person who performed or induced
the abortion in intentional, knowing, or reckless violation of this chapter for actual
and punitive damages. Any woman upon whom an abortion has been attempted in violation
of this chapter may maintain an action against the person who attempted to perform the abortion
in intentional, knowing, or reckless violation of this chapter for actual damages. (b) A cause
of action for injunctive relief against any person who has intentionally, knowingly, or recklessly
violated this chapter and Section 22-9A-13 may be maintained by the woman upon whom an abortion
was performed or induced or attempted to be performed or induced in violation of this chapter,
by any person who is the spouse, parent, sibling, or guardian of, or a...
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