Section 26-23A-8 – Medical Emergency Abortions.
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 […]
Section 26-22-4 – Viability Testing.
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, […]
Section 26-23A-9 – Violations.
Section 26-23A-9 Violations. (a) Any person who intentionally, knowingly, or recklessly violates this chapter is guilty on a first offense of a Class B misdemeanor, on a second offense of a Class A misdemeanor, and on a third or subsequent offense of a Class C felony. (b) After two convictions within a 12-month period of […]
Section 26-22-5 – Interpretation.
Section 26-22-5 Interpretation. Nothing in this chapter shall be construed to recognize a right to abortion or to make legal an abortion that is otherwise unlawful. (Acts 1997, No. 97-442, p. 746, §5.)
Section 26-23-1 – Short Title.
Section 26-23-1 Short title. This chapter may be cited as the Alabama Partial-Birth Abortion Ban Act of 1997. (Acts 1997, No. 97-485, p. 843, §1.)
Section 26-23-2 – Definitions.
Section 26-23-2 Definitions. As used in this chapter, the following terms shall have the following meanings: (1) FATHER. The biological father of the human fetus. (2) MOTHER. The female who is pregnant with a live human fetus which may be subject to a partial-birth abortion under this chapter. (3) PARTIAL-BIRTH ABORTION. An abortion in which […]
Section 26-23-3 – Felony Conviction.
Section 26-23-3 Felony conviction. Any physician who knowingly performs a partial-birth abortion within this state and thereby kills a human fetus shall be guilty of a Class C felony and upon conviction thereof shall be punished as prescribed by law. (Acts 1997, No. 97-485, p. 843, §3.)
Section 26-23-4 – Life of Mother Exception.
Section 26-23-4 Life of mother exception. Section 26-23-3 shall not apply to a partial-birth abortion that is necessary to save the life of a mother. (Acts 1997, No. 97-485, p. 843, §4.)
Section 26-23-5 – Civil Action.
Section 26-23-5 Civil action. The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy […]
Section 26-23-6 – Conspiracy.
Section 26-23-6 Conspiracy. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this chapter for a conspiracy to violate this chapter or for any other offense which is unlawful under this chapter. (Acts 1997, No. 97-485, p. 843, §6.)