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In Georgia

After Roe, abortion will most likely be illegal after a heartbeat can be detected in the unborn child.  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?

Georgia will ban nearly all abortions. They have several significant legal restrictions that would make abortion illegal in almost all circumstances. Learn about them below.

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?

Abortions must be done in a licensed hospital after the first trimester. (Ga. Code Ann. § 161-12-141(e)(1) (2021))

Georgia has a partial-birth abortion ban. (Ga. Code Ann. § 16-12-144 (2021))

Georgia passed a law in 2019 banning abortions after there is a detectable heartbeat in the unborn child and recognizing the unborn child as a person throughout many critical areas of Georgia’s statutes. The law has been enjoined (meaning it is not currently enforceable) while it is being adjudicated in court. It is likely that this law would be enforceable after Roe is overturned. (Ga. Code Ann. § 16-12-141 (2021))


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

Yes: The partial-birth ban includes an exception for when the abortion is necessary to save the mother’s life. (Ga. Code Ann. § 16-12-144(b) (2021))

The heartbeat law includes exceptions for if there is a medical emergency, if the pregnancy is within the first 20 weeks or less and caused by a reported rape or incest, or if the unborn child is pronounced medically futile. (Ga. Code Ann. § 16-12-141(b)(1)-(3) (2021)


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)?

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))

Violations of the heartbeat law are punishable by up to 10 years imprisonment (Ga. Code Ann. § 16-12-140(a) (2021))


Enforcement

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

The unborn child’s father can obtain relief in civil action. (Ga. Code Ann. § 16-12-144(c)(1) (2021))

Under the heartbeat law, mothers of unborn children can recover damages for a heartbeat law violation of the law performed on her. (Ga. Code Ann. § 16-12-141(g)).


Special standards of care

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

Yes: A requirement to determine if there is a detectable heartbeat. (Ga. Code Ann. § 31-9B-2(a) (2021))


Protecting Fundamental Rights

Parents

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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

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

Yes: A written objection from the individual is required and there is no disciplinary or recriminatory action against the person who refuses to participate in an abortion. (Ga. Code Ann. § 16-12-142 (2021)).


Babies Born Alive

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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

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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

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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?

Yes: Voluntary and informed consent by mother is required. (Ga. Code Ann. § 31-9A-3 (2021))


Waiting period

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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)).


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