In Georgia
After Roe, abortion is illegal after 20 weeks. Connect with your local family policy council to stay up-to-date on the pro-life movement in your state. Then, keep reading to find out more about what your state’s post-Roe abortion laws.
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THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Georgia currently bans abortions after 20 weeks.”
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Georgia passed a law banning abortions after an unborn child has a detectable heartbeat. Ga. Code Ann. § 16-12-141. However, that law was found unconstitutional by the Georgia Supreme court in Sistersong Women of Color Reproductive Justice Collective v. State of Georgia., No. 2022CV367796, 2022 WL 16960560 (Ga. 2022). The Supreme Court reinstated an earlier (2019) version of this bill, which prohibits abortion after 20 weeks. Ga. Code Ann. § 16-12-141 (2019). Therefore, the fight to end abortion is not over in Georgia.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws would are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Georgia prohibits abortion after 20 weeks. Ga. Code Ann. § 16-12-141 (2019). The enjoined heartbeat law requires physicians determine the presence of a fetal heartbeat before performing an abortion. Ga. Code Ann. § 31-9B-2.
Georgia also has a partial-birth abortion ban. Ga. Code Ann. § 16-12-144 (2021).”
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes: The 20 week ban and the partial-birth ban both include exceptions for when abortion is necessary to save the mother’s life. Ga. Code Ann. § 16-12-144(b) (2021); Ga. Code Ann. § 16-12-141 (2019).
Penalties for performing an illegal abortion
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)?
Violation of the 20-week ban is a crime punishable by 1-10 years’ imprisonment. Ga. Code Ann. § 16-12-140.
Performance of a partial-birth abortion is subject to a fine of, at most, $5,000, imprisonment for not more than five years, or both. Ga. Code Ann. § 16-12-144 (2021).
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
A mother upon whom an abortion is performed may sue for violations of the 20-week ban. Ga. Code Ann. § 16-12-141 (2019).
The unborn child’s father can obtain relief in civil action for a partial birth abortion. Ga. Code Ann. § 16-12-144(c)(1) (2021).
A person who causes the death of a fetus by injuring the child’s pregnant mother may face life in prison. Ga. Code Ann. § 16-5-80.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
Yes: There is a requirement to determine if there is a detectable heartbeat. Ga. Code Ann. § 31-9B-2(a) (2021). Additionally, abortions performed after the first trimester must be performed in a licensed hospital. Ga. Code Ann. § 16-12-141 (2019).
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
Yes: Actual notice to parents or guardians is required 24 hours before an abortion can be obtained; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Ga. Code Ann. § 15-11-682(a)(1) (2021).
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes: There is no disciplinary or recriminatory action against a person who refuses in writing to participate in an abortion. Ga. Code Ann. § 16-12-142 (2021).
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Yes: Medical aid must be provided to an infant born alive. Ga. Code Ann. § 16-12-141(d) (2021).
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
Yes: One must be a licensed physician to perform abortions. Ga. Code Ann. § 16-12-141(e)(2) (2021).
Informed consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
Yes: Voluntary and informed consent by mother is required. Ga. Code Ann. § 31-9A-3 (2021).
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
Yes: A 24 hour waiting period is required. Ga. Code Ann. § 31-9A-3(1) (2021).
Exception: in the instance of a medical emergency in order to prevent the mother’s death or substantial impairment. Ga. Code Ann. § 31-9A-5 (2021).