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In Alabama

After Roe in Alabama, abortion will never be legal except to save a mother’s life or health. Connect with your local family policy council to stay up-to-date on the pro-life movement in your state—now and after Roe. Then, keep reading to find out more about what abortion law would be in your state after Roe.

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MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.


The Big Question

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

Alabama passed a pre-Roe law that would ban nearly all abortions. That law would become effective if Roe were overturned. Ala. Code § 13A-13-7.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

Because Alabama effectively has a “trigger law” banning almost all abortions that would go into effect immediately after Roe, Alabama’s other, lesser limitations and regulations currently in their law on abortion would no longer be necessary.

 

Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

The pre-Roe statute includes an exception if necessary to preserve the mother’s life or health. Ala. Code § 13A-13-7.

 

Penalties for performing an illegal abortion

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What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Violations of the pre-Roe statute incur imprisonment and/or hard labor for up to a year and/or fines up to $1,000. Ala. Code § 13A-13-7.

 

Enforcement

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

The law gives no cause of action.

 

Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

No

 

Protecting Fundamental Rights

Parents

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Does my state give parents the right to consent for their child to get an abortion?

Consent from one parent is required, however this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. This provision would also most likely become unnecessary when the trigger law takes effect. Ala. Code §§ 26-21-1 to -8.

 

Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

A healthcare worker who objects in writing before being asked to perform or participate in an abortion shall not be required to. Ala. Code § 22-21B-4.

 

Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

No

 

Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

Yes, only a physician licensed by the state to practice medicine or osteopathy may perform an abortion. Ala. Admin. Code r. 420-5-1-.01(2)(m); Ala. Code § 26-23A-7.

 

Informed consent

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Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

Counseling and informed consent is required; however, this provision would most likely become unnecessary when the trigger law takes effect. Ala. Code §§ 26-23A-1 to -13.

 

Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

48-hour waiting period required; however, this provision would most likely become unnecessary when the trigger law takes effect.  Ala. Code §§ 26-23A-1 to -13.

 

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