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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, §4.)...
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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-2
the lives of unborn children from the stage at which substantial medical evidence indicates
that they are capable of feeling pain is intended to be separate from and independent of Alabama's
compelling state interest in protecting the lives of unborn children from the stage of viability,
and neither state interest is intended to replace the other. (14) Mindful of Leavitt v. Jane
L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state
statute regulating abortion, the United States Supreme Court noted that an explicit
statement of legislative intent specifically made applicable to a particular statute is of
greater weight than a general savings or severability clause, it is the intent of this state
that if any one or more provisions, sections, subsections, sentences, clauses, phrases, or
words of this act or the application thereof to any person or circumstance is found to be
unconstitutional, the same is hereby declared to be severable and the...
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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-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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26-21-1
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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26-23A-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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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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12-15-402
Section 12-15-402 Authority and procedure. (a) The state, any county, any municipality, or
any governmental department or agency, including, but not limited to, the Department of Human
Resources or the Department of Youth Services, or any person, including a parent, legal guardian,
or legal custodian, may file a petition in the juvenile court to have any minor or child,
as defined in this chapter, committed to the custody of the department on the basis that the
minor or child is an individual with a mental illness or intellectual disability and, as a
consequence of that mental illness or intellectual disability, poses a real and present threat
of substantial harm to self or to others. (b) The petition shall be verified and filed in
the county in which the minor or child is located or resides, petitioning the juvenile court
to commit the minor or child to the custody of the department. (Acts 1975, No. 1205, p. 2384,
§5-137; Acts 1985, 2nd Ex. Sess., No. 85-928; §12-15-90; amended and...
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