Georgia Abortion Law: Danger To Women's Lives?

Georgia's abortion law, also known as the Living Infants Fairness and Equality Act or the LIFE Act, prohibits abortions after the detection of embryonic cardiac-cell activity, which typically occurs around six weeks into a pregnancy. While the law includes exceptions for cases of medical emergency, rape, or incest, it has been criticised for endangering women's lives by forcing them to continue high-risk and non-viable pregnancies. In July 2024, OB-GYN doctors testified before the U.S. Senator Jon Ossoff's Human Rights Subcommittee that Georgia's abortion ban was risking the lives of pregnant women in the state. Mackenzie Kulik, a resident of Atlanta, shared her story of being denied an abortion despite developing significant complications during her second trimester. Yasmein Ziyad, another woman from Georgia, faced a similar situation where she was denied an abortion during a miscarriage due to fears of prosecution among medical professionals. These testimonies highlight the impact of Georgia's abortion law on women's health and lives, sparking debates and protests across the state.

The law does not protect women from prosecution

Georgia's abortion law, the LIFE Act, does not explicitly state that a pregnant woman cannot be prosecuted for an unlawful abortion. Without this statutory protection, some reproductive rights advocates fear that local district attorneys may file charges against a woman who has had an abortion to test the law. This is especially concerning given that the law is vague about the medical exceptions that would allow a woman to obtain a legal abortion.

The law states that a medical emergency, where an abortion is necessary to prevent death or irreversible physical impairment of a major bodily function, is an exception to the abortion ban. However, doctors have delayed or denied care due to the vague nature of this exception. For example, Ms. Mackenzie Kulik from Atlanta testified that she developed significant complications in her second trimester and was told by her doctor "off the record" that continuing her pregnancy would put her at risk of infection. However, she was informed that her case "did not qualify for an exemption under Georgia's abortion law," and she had to travel out of state for medical care.

The lack of clarity in the law puts physicians in a difficult position, as they are unsure how much risk of death or how close to death a pregnant patient must be for the exception to apply. This has resulted in doctors being reluctant to perform abortions, even in cases where the patient's health is at risk. The vague language in the law also leaves the determination of whether an abortion can be legally provided up to the legal teams of the institutions where the doctors practice, rather than the doctors themselves.

The consequences for doctors who perform illegal abortions are severe and include the risk of prosecution, prison time, monetary fines, and the loss of their professional license. This further discourages doctors from performing abortions, even in cases where the pregnant woman's life may be in danger.

The LIFE Act's failure to explicitly protect women from prosecution and its vague language regarding medical exceptions put women's lives and health at risk. It discourages doctors from performing abortions, even in cases where the woman's health or life may be in jeopardy, and leaves women vulnerable to prosecution for seeking or obtaining an abortion.

Women are forced to travel out of state for abortions

Georgia's abortion laws are among the strictest in the U.S. The state's abortion ban, which came into force in July 2022, prohibits most abortions once a physician detects a fetal heartbeat, which is typically around the six-week mark of a pregnancy. This deadline falls before many women even realize they are pregnant. While the law includes exceptions to prevent the death of the pregnant woman or irreversible physical harm, it has been criticized for being vague and difficult to apply in practice, leading to women being forced to continue high-risk and non-viable pregnancies.

The law's narrow exceptions have resulted in women being denied abortions even in cases of severe health risks and non-viable pregnancies. Mackenzie Kulik, a Georgia resident, testified before the U.S. Senate that she had to travel out of state to obtain an abortion after developing significant complications during her second trimester. Kulik's doctor informed her "off the record" that her pregnancy posed a risk of infection and that the baby had no chance of surviving. However, Kulik's case "did not qualify for an exemption under Georgia's abortion law."

Another woman, Yasmein Ziyad, sought an abortion when she learned she was miscarrying. Despite her pregnancy being non-viable, Ziyad was denied an abortion as her doctor feared losing his license or facing prosecution under the strict abortion laws. As a result, Ziyad endured severe pain and suffering that could have been avoided if she had been able to access timely medical care.

The impact of Georgia's abortion ban extends beyond its borders, as women are forced to travel out of state to terminate their pregnancies. This was the case for Kulik, who had to seek "medically necessary care" in another state. The restrictive abortion laws in Georgia and neighboring states have resulted in thousands of women traveling to Georgia from other states for abortions. In 2015, 14.5% of all abortions performed in Georgia were for out-of-state residents.

The situation in Georgia is illustrative of the broader impact of abortion bans and restrictions across the U.S. Since the Supreme Court's Dobbs decision overturned Roe v. Wade, over 30 states have moved to restrict or ban abortion access. These laws have far-reaching consequences, with women being forced to continue unwanted pregnancies, seek abortions out of state, or resort to unsafe methods, putting their health and lives at risk.

Doctors are at risk of losing their medical licenses

Georgia's abortion law, also known as the LIFE Act, bans abortion once a fetal heartbeat is detected, which typically occurs around six weeks into a pregnancy. While the law provides some exceptions to this ban, including medical emergencies, doctors who perform abortions outside of these exceptions are at risk of losing their medical licenses and facing other legal consequences.

The LIFE Act includes an exception for medical emergencies, where a physician determines that an abortion is necessary to prevent the death of the pregnant woman or to prevent substantial and irreversible physical impairment. However, this exception has been criticised for being too vague and difficult to apply in practice. Doctors may be reluctant to perform abortions out of fear of losing their medical licenses if their judgment about the patient's health risk is disputed. This reluctance can result in delays in care, creating greater risks to the health and lives of pregnant women.

In addition to the risk of losing their medical licenses, doctors who perform abortions in violation of the LIFE Act may also face criminal charges and monetary fines. The law specifies that physicians who perform abortions after a fetal heartbeat is detected are subject to penalties, including prison time. The vague nature of the medical exceptions in the ban has led to delays and denials of care, as doctors are unsure of how to interpret and apply these exceptions.

The impact of Georgia's abortion law on doctors is not just theoretical. In 2024, Dr. Carrie Cwiak, an OBGYN in Atlanta, testified before the U.S. Senator Jon Ossoff's Human Rights Subcommittee that Georgia's abortion ban is risking the lives of pregnant women in the state. She stated that physicians have seen patients in the ICU with complications like sepsis and hemorrhage because they were unable to perform medically necessary abortions under the ban.

The situation in Georgia is not unique, as similar abortion bans and restrictions have been implemented in other states across the country. These laws have created a climate of fear and confusion, with doctors expressing reluctance to practice in states with restrictive abortion laws. The result is a deterrence of physicians from practicing in these states, exacerbating existing disparities in access to obstetric care and contributing to adverse maternal and fetal outcomes.

Women are being denied abortions in cases of miscarriage

Georgia's abortion law, the LIFE Act, prohibits most abortions once a physician can detect the supposed cardiac activity of the fetus, which is estimated to be around six weeks into a pregnancy. While the law provides exceptions for abortion in cases of medical emergencies, medically futile pregnancies, and pregnancies resulting from rape or incest, women in Georgia are still being denied abortions in cases of miscarriage, putting their health and lives at risk.

In July 2024, Ms. Yasmein Ziyad from Morrow testified before the U.S. Senator Jon Ossoff's Human Rights Subcommittee that she sought an abortion when she learned she was miscarrying. Despite her pregnancy being non-viable, she was denied an abortion because her doctor feared losing his license or being prosecuted. As a result, Ziyad experienced severe cramping, pain, and bleeding and stated that she has given up on hopes of ever being pregnant again due to the pain and suffering she endured.

Another woman, Ms. Mackenzie Kulik from Atlanta, testified that she developed significant complications in her second trimester and was told by her doctor "off the record" that continuing her pregnancy would put her at risk of infection. However, Kulik was informed that her case "did not qualify for an exemption under Georgia's abortion law," and she had to travel out of state for medical care.

These cases illustrate the impact of Georgia's restrictive abortion law, which is forcing women to continue high-risk and non-viable pregnancies, posing risks to their health and human rights. Dr. Carrie Cwiak, an OBGYN in Atlanta, testified that Georgia's abortion ban has led to increased maternal mortality and poor health outcomes, with women being turned away or experiencing delays in their care.

In October 2024, a Georgia judge struck down the state's six-week abortion ban, ruling that it is unconstitutional and blocking its enforcement. Abortions are now legal in Georgia up until about 22 weeks of pregnancy, which is the point at which fetal viability tends to occur. This ruling provides some relief to women in Georgia who were previously denied abortions even in cases of medical emergencies and miscarriages.

Women are at risk of developing severe infections

In Georgia, abortion is legal until a fetal heartbeat is detected. After this point, abortion is illegal unless the pregnancy is the result of rape or incest, or if a physician determines that the abortion is necessary to prevent death or irreversible physical impairment to the pregnant woman.

The risk of complications from an abortion increases the later in pregnancy it is carried out. Surgical abortions after 14 weeks of pregnancy carry a higher risk of infection than those performed earlier. Medical abortions, which involve taking abortion pills, also carry a small risk of infection. Infections that are not treated quickly can spread to the fallopian tubes and ovaries, causing pelvic inflammatory disease (PID). PID can increase the risk of infertility or ectopic pregnancy.

In Georgia, women have testified that the state's abortion ban has put their health and lives at risk. Mackenzie Kulik, a Georgia resident, shared that she had to travel out of state to receive medically necessary care after developing complications in her second trimester. OB-GYN doctors in the state have also testified that Georgia's abortion ban has led to an increase in maternal mortality and poor health outcomes.

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