Georgia's Abortion Law: What You Need To Know Now

On September 30, 2024, a Georgia judge struck down the state's six-week abortion ban, ruling that it is unconstitutional and blocking its enforcement. The ruling, which allows abortions up to 22 weeks, was made by Fulton County Superior Court Judge Robert McBurney, who stated that society can assume care and responsibility for [a fetus]...then – and only then – may society intervene. However, the Georgia Supreme Court halted this ruling on October 7, 2024, while the state appeals.

The law prohibits abortions after six weeks, or when a fetal heartbeat is detected

The law makes abortions illegal after cardiac activity is detected in an embryo's cells, which usually occurs around six weeks into a pregnancy. Many women do not know they are pregnant at this stage, and fetal viability tends to occur much later, at around 24 weeks. The law includes exceptions for medical emergencies, medically futile pregnancies, and pregnancies resulting from rape or incest.

The law was challenged in court several times. In October 2019, a federal judge blocked the law before it went into effect, ruling that it violated the right to abortion established by Roe v. Wade. However, after the Supreme Court overturned Roe v. Wade in June 2022, a federal appeals court overturned the lower court's order, allowing Georgia's "heartbeat law" to take effect.

In September 2024, Fulton County Superior Court Judge Robert McBurney ruled that the law was unconstitutional, stating that "liberty in Georgia includes... the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices." Judge McBurney's ruling allowed abortions to be performed in Georgia until the point of viability, which is around 22 to 24 weeks into a pregnancy.

However, the Georgia Supreme Court halted this ruling and reinstated the abortion ban while it considers the state's appeal. This means that, as of October 2024, the six-week abortion ban is still in effect in Georgia.

The law was blocked by a federal judge in October 2019, but went into effect in 2022

In 2019, the Georgia legislature passed a "fetal heartbeat" law known as the LIFE Act, which prohibits most abortions once a physician can detect the supposed cardiac activity of the fetus, estimated at around six weeks of pregnancy. The LIFE Act was signed into effect by Gov. Brian Kemp and included exceptions for abortions in cases of medical emergencies, medically futile pregnancies, and pregnancies resulting from rape or incest.

The law was controversial from the start, as many women do not know they are pregnant during the first six weeks, leaving little time to terminate a pregnancy. There was also much debate over the lack of scientific basis behind the "heartbeat" standard, as medical authorities and researchers agree that the fetal heart does not form until at least nine or ten weeks into a pregnancy.

In October 2019, a federal judge in Georgia granted an initial injunction, blocking the LIFE Act as it conflicted with Roe v. Wade. However, after the Supreme Court overturned Roe v. Wade in 2022, a federal appeals court overturned the lower court's order, allowing Georgia's "heartbeat law" to take effect.

The law faced further challenges, and in November 2022, a Fulton County Superior Court Judge, Robert McBurney, issued a ruling blocking the law. On appeal, the Georgia Supreme Court reinstated the abortion ban and remanded the case to the trial court to review remaining state law claims.

As a result, the law was blocked by a federal judge in October 2019 but went into effect in 2022 after the Supreme Court overturned Roe v. Wade. The ongoing legal battles over the law highlight the divisive nature of abortion rights in Georgia and the United States.

The law was deemed unconstitutional by a Georgia judge in September 2024

On September 30, 2024, a Georgia judge deemed the state's abortion ban unconstitutional. Fulton County Superior Court Judge Robert McBurney issued an order stating that abortions must be regulated as they were before the six-week abortion ban, known as the Life Act, was passed in 2019.

In his 26-page opinion, Judge McBurney wrote that the state's abortion laws must revert to what they were before the six-week ban. He ruled that the ban was unconstitutional and blocked it from being enforced. The judge highlighted that many women do not even know they are pregnant at six weeks, and that the decision to continue a pregnancy should be left to the woman alone.

Judge McBurney's ruling stated that abortions are now legal in Georgia up until about 22 weeks of pregnancy, which was the limit before the Life Act. However, fetal viability tends to occur closer to 24 weeks of pregnancy. The ruling noted that the state's abortion ban was inconsistent with the proper balance between a woman's rights and society's interests in protecting unborn infants.

The Georgia Supreme Court had previously allowed the six-week abortion ban to take effect in October 2023, but Judge McBurney's recent ruling has overturned it. The state of Georgia is currently appealing the ruling, and the abortion ban remains in effect during the appeal process.

The state of Georgia is appealing the ruling

On September 30, 2024, Fulton County Superior Court Judge Robert McBurney ruled that Georgia's abortion laws must revert to what they were before the six-week ban, known as the Life Act, was passed in 2019. The law, which prevents abortions after six weeks, was deemed "unconstitutional" by Judge McBurney, who said it violated the state constitution. The ruling stated that abortions must be regulated as they were before the Life Act went into effect, meaning abortions could be allowed until the 22-week mark.

The Life Act was signed into law by Republican Gov. Brian Kemp in 2019. It prohibits most abortions once a physician can detect cardiac activity in the fetus, which is estimated to be around six weeks into a pregnancy. While the law includes exceptions for cases of medical emergencies, rape, incest, and medically futile pregnancies, it has been controversial due to the lack of scientific basis behind the "heartbeat" standard and the limited time it gives women to terminate a pregnancy.

The debate over abortion in Georgia has been ongoing, with some Georgians resisting the enforcement of the statewide abortion ban. The Atlanta City Council passed a resolution stating that city funds should not be used to record or investigate reports of abortion care, and requesting that the police department place reports of abortion services at the "lowest possible priority." The state's abortion law also lacks explicit statutory protection for pregnant women, raising concerns that local prosecutors may file charges against women who obtain abortions to test the law.

The law has exceptions for rape and incest, as long as a police report is filed

Georgia's abortion law, known as the "Heartbeat Law" or the "Life Act", prohibits most abortions once a "detectable human heartbeat" is present, which typically occurs around six weeks into a pregnancy. While this law includes exceptions for cases of medical emergency, medically futile pregnancies, and pregnancies that resulted from rape or incest, the specific conditions under which abortions are permitted vary.

In the case of rape or incest, a police report must be filed, and the probable gestational age of the fetus must be 20 weeks or less. Additionally, the law allows for abortions after six weeks if the mother's life is at risk or if a serious medical condition renders the fetus nonviable. It is important to note that the interpretation and enforcement of these exceptions may vary depending on the specific circumstances and the medical professionals involved.

The abortion law in Georgia has been subject to legal challenges and rulings over time. In October 2019, a federal judge blocked the law before it went into effect, ruling that it violated the right to abortion established by Roe v. Wade in 1973. However, in June 2022, the Supreme Court overturned Roe v. Wade, clearing the way for Georgia's abortion law to take effect.

On September 30, 2024, Fulton County Superior Court Judge Robert McBurney ruled that the abortion law in Georgia was unconstitutional, stating that "liberty in Georgia includes...the power of a woman to control her own body, to decide what happens to it and in it, and to reject state interference with her healthcare choices." This decision effectively rolled back the abortion restrictions in Georgia, allowing abortions until viability, which is typically between 22 and 24 weeks into a pregnancy.

However, the Georgia Supreme Court halted this ruling and reinstated the abortion ban on October 7, 2024, while it considers the state's appeal. This ongoing legal battle highlights the contentious nature of abortion legislation in Georgia and the United States more broadly.

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