US Lawyer Database

Section 26-23F-5 – Sale or Other Disposition of Bodily Remains of Unborn Infant.

Section 26-23F-5 Sale or other disposition of bodily remains of unborn infant. (a)(1) No person shall knowingly accept compensation or payment for the sale, transfer, distribution, acceptance, use, or attempted use of the fetal organs, tissue, or bodily remains of a deceased unborn infant for research, therapy, transplantation, or experimentation. (2) No institution, entity, or […]

Section 26-23H-2 – Legislative Findings.

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 (a) This state’s statute criminalizing abortion, Section 13A-13-7, has never been repealed.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and its progeny, which struck down as unconstitutional a Texas statute criminalizing abortion and which effectively repealed by […]

Section 26-23E-7 – Prescription of Abortion-Inducing Drugs.

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 […]

Section 26-23F-6 – Violations.

Section 26-23F-6 Violations. (a) Except as provided in subsection (b), any person who knowingly violates any provision of Section 26-23F-5 shall be guilty of a Class D felony for each violation. (b) Any person who experiments on a living unborn infant or the bodily remains of a deceased unborn infant, experiments upon an unborn infant […]

Section 26-23H-3 – Definitions.

Section 26-23H-3 Definitions. As used in 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 with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means […]

Section 26-23E-8 – Office-Based Procedure Requirements.

Section 26-23E-8 Office-based procedure requirements. Physicians performing abortion procedures in abortion or reproductive health centers shall conform to the rules for office-based surgery of the Alabama State Board of Medical Examiners, shall meet the standards prescribed in the rules for office-based procedures – moderate sedation/analgesia, and shall meet all other requirements in those rules, including […]

Section 26-23F-7 – Remedies and Penalties.

Section 26-23F-7 Remedies and penalties. (a) In addition to other remedies available under law or common law of this state, violation of any provision of Section 26-23F-5 shall: (1) Provide a basis for recovery in a civil action for the parent or parents of the infant or the parent, parents, or guardian of the mother, […]

Section 26-23H-4 – Abortion Prohibited; Exception.

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 […]

Section 26-23E-9 – Abortion or Reproductive Health Center Requiremetns.

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 […]

Section 26-23F-8 – Construction of Chapter.

Section 26-23F-8 Construction of chapter. (a) Nothing in this chapter shall be construed to affect existing federal or state law regarding abortion. (b) Nothing in this chapter shall be construed as creating or recognizing a right to abortion. (c) Nothing in this chapter shall be construed to alter generally accepted medical standards. (Act 2016-140, §8.)