Section 26-23H-1 – Short Title.

Section 26-23H-1 Short title. This chapter shall be known as The Alabama Human Life Protection Act. (Act 2019-189, §1.)

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 (a) This state’s statute criminalizing abortion, Section 13A-13-7, has never been repealed.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and its progeny, which struck down as unconstitutional a Texas statute criminalizing abortion and which effectively repealed by […]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 26-23H-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 26-23H-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 26-23H-5 – Liability.

Section 26-23H-5 Liability. No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable. Furthermore, no physician confirming the serious health risk to the child’s mother shall be criminally or civilly liable for those actions. (Act 2019-189, §5.)

Section 26-23H-6 – Violations.

Section 26-23H-6 Violations. (a) An abortion performed in violation of this chapter is a Class A felony. (b) An attempted abortion performed in violation of this chapter is a Class C felony. (Act 2019-189, §6.)

Section 26-23H-7 – Medical Emergencies.

Section 26-23H-7 Medical emergencies. This chapter shall not apply to a physician licensed in Alabama performing a termination of a pregnancy or assisting in performing a termination of a pregnancy due to a medical emergency as defined by this chapter. (Act 2019-189, §7.)

Section 26-23H-8 – Construction With Other Laws.

Section 26-23H-8 Construction with other laws. The construction of existing statutes and regulations that regulate or recognize abortion in Alabama that are in conflict with or antagonistic to this chapter shall be repealed as null and void and shall recognize the prohibition of abortion as provided in this chapter. If this chapter is challenged and […]