Code of Alabama

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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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26-21-3
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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26-23G-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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26-23H-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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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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26-23E-7
Section 26-23E-7 Prescription of abortion-inducing drugs. Only a physician may give,
sell, dispense, administer, or otherwise prescribe an abortion-inducing drug. Because
the failure and complications from medical abortion increase with advancing gestational
age, because the physical symptoms of medical abortion can be identical to the symptoms
of ectopic pregnancy, and because abortion-inducing drugs do not treat ectopic pregnancies
but rather are contraindicated in ectopic pregnancies, the physician giving, selling, dispensing,
administering, or otherwise providing or prescribing the abortion-inducing drug must
first examine the pregnant woman in person and document, in the woman's medical chart, the
gestational age and intrauterine location of the pregnancy prior to giving, selling, dispensing,
administering, or otherwise providing or prescribing the abortion-inducing drug. (Act
2013-79, p. 165, §7.)...
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26-23E-9
Section 26-23E-9 Abortion or reproductive health center requiremetns. An abortion
or reproductive health center shall be classified as ambulatory health care occupancy and
shall meet all standards in the NFPA 101 Life Safety Code 2000 edition, or such standards
in any later edition of the NFPA 101 Life Safety Code that the Board of Health may adopt for
facilities classified as ambulatory health care occupancy. Not later than December 28, 2013,
each licensed abortion or reproductive health center shall submit to the Department
of Public Health architectural drawings and plans and sprinkler system plans and such other
materials as may be required to show compliance or prospective compliance with the applicable
life safety code. These shall be submitted and reviewed pursuant to the Board of Health Rules
for Plan Review, including the payment of plan review fees. Not later than July 1, 2014, each
abortion or reproductive health center shall obtain from the Department of Public Health
a...
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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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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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26-23H-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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