Alabama Abortion Law: A Deep Dive Into The New Legislation

Alabama's abortion laws are among the most restrictive in the US. Abortion is illegal in Alabama unless there is a serious health risk to the pregnant woman. In 2019, the state passed a near-total abortion ban called the Human Life Protection Act, which prohibits all abortions unless medically necessary to avoid a serious health risk to the pregnant woman. There are no exceptions for cases involving rape, incest, or human trafficking. The law also requires waiting periods, counselling about alternatives, and parental consent in the case of minors seeking abortions. Alabama's abortion law focuses on penalising those who perform abortions, rather than pregnant women who undergo the procedure.

The Human Life Protection Act

Overview

History

Historically, Alabama's abortion laws have fluctuated between strict regulations and more liberalized periods. Prior to the 1973 Roe v. Wade decision, abortion was a crime in Alabama, but it was downgraded from a felony to a misdemeanor in 1951. Following the Roe v. Wade ruling, abortion became legal in Alabama during the first trimester of pregnancy. However, the state has consistently enacted legislation to restrict access to abortion.

In 2019, the Alabama Pro-Life Coalition drafted the Human Life Protection Act, which was introduced into the Lower House on April 2, 2019. The bill passed the Lower House on April 30, the Senate on May 14, and was signed into law by then-Governor Kay Ivey on May 16, 2019.

Provisions and Requirements

• Abortion Prohibition: The act prohibits abortions at all stages of pregnancy, except when necessary to protect the life or health of the pregnant woman.
• Parental Consent: The law requires parental consent for minors seeking abortion care, with exceptions for medical emergencies or cases of abuse.
• Waiting Period: There is a mandatory 48-hour waiting period before an abortion can be performed, during which the patient must receive counseling about alternatives to abortion.
• Ultrasound Requirement: Physicians are required to perform an ultrasound and provide the patient with the gestational age of the fetus.
• Physician Licensing: Abortions can only be performed by licensed physicians in hospitals where they have admitting privileges.
• Penalties: Individuals who perform or attempt to perform an illegal abortion face felony charges and significant prison sentences. However, the state will not file criminal charges against a pregnant woman who obtains an abortion.

Legal Challenges

Alabama's definition of a serious health risk

Alabama's abortion laws are among the most restrictive in the United States. The state's abortion ban, the Human Life Protection Act, prohibits all abortions unless medically necessary to prevent a serious health risk to the pregnant woman.

Alabama defines a serious health risk as a condition that necessitates the termination of the pregnancy to preserve the life of the pregnant woman or avert a serious risk of substantial physical impairment of a major bodily function. This means that a pregnant woman in Alabama can only obtain a legal abortion if her life is in danger or if there is a serious risk of substantial physical impairment of a major bodily function.

The legislation also specifies that it is not enough for the mother to have an "emotional condition" or mental illness – a second doctor would need to agree that the mother has a serious mental illness that could cause her or the fetus to die.

In addition to this strict definition of serious health risk, Alabama's abortion laws include mandatory waiting periods, parental consent requirements for minors, and stringent guidelines for abortion clinics.

Penalties for unlawful abortions

Alabama's abortion laws are among the most restrictive in the US. The state's abortion ban prohibits the procedure at all stages of pregnancy unless medically necessary to avoid a serious health risk to the pregnant woman. There are no exceptions for cases involving rape, incest, or human trafficking.

The penalties for unlawful abortions in Alabama focus on those who perform the procedure rather than the pregnant woman. The state will not file criminal charges against a woman who has an abortion. However, physicians and other healthcare workers found in violation of the law face severe consequences.

Committing an illegal abortion is charged as a Class A felony in Alabama, punishable by 10 to 99 years in prison. Even attempting an illegal abortion carries a hefty penalty—a Class C felony, punishable by one to 10 years in prison. These penalties apply to individuals who provide abortion services or attempt to do so in violation of the law.

In addition to the criminal penalties, providers who violate Alabama's abortion restrictions may also face civil penalties. The state's abortion law targets those who perform abortions and seeks to deter unlawful procedures by imposing stringent felony charges and lengthy prison sentences.

Alabama's abortion laws have evolved from strict regulations in the late 19th and early 20th centuries to a period of liberalization following the 1973 Roe v. Wade decision, which legalized abortion nationwide. However, Alabama has consistently enacted legislation to restrict access to abortion, and the state's abortion laws continue to be a divisive issue.

Medication abortion availability

Medication abortion, also known as the abortion pill, is a safe and effective way to end a pregnancy up to 11 weeks in. In Alabama, abortion is illegal, and the state has consistently enacted legislation aimed at restricting access to abortion.

In 2006, Alabama was one of 23 states to have a detailed abortion-specific informed consent requirement. By law, abortion providers in Alabama, Louisiana, and Mississippi were required to perform an ultrasound prior to providing women with an abortion, despite an ultrasound in the first trimester having no medical necessity.

In 2013, the state's Targeted Regulation of Abortion Providers (TRAP) law applied to medication-induced abortions and private doctors' offices in addition to abortion clinics. This meant that medication abortion was subject to the same stringent regulations as in-clinic abortion.

In 2019, Alabama passed one of the nation's most restrictive abortion laws, the Human Life Protection Act, which banned most abortions at any stage of pregnancy, with no exceptions for cases of rape or incest. This law was granted an injunction until June 2022 when the U.S. Supreme Court overturned Roe v. Wade, allowing the Act to go into effect.

As of 2022, Alabama's three remaining abortion clinics have been ordered to stop all abortion procedures, including medication abortions. However, people in Alabama are still able to access medication abortion by travelling to nearby states or by obtaining abortion pills by mail.

While medication abortion is technically illegal in Alabama, residents can still access this method of abortion through out-of-state clinics or by mail, despite the potential legal risks involved.

Consent requirements

Alabama's abortion laws include stringent consent requirements for both adults and minors.

Adult Consent Requirements

In Alabama, an adult seeking an abortion must provide voluntary and informed consent at least 48 hours before the procedure. The law mandates that the physician overseeing the abortion must discuss alternatives to abortion, provide state-produced written materials, conduct an ultrasound, disclose the gestational age of the fetus, and explain the risks of both abortion and carrying the pregnancy to term.

Minor Consent Requirements

For minors seeking an abortion, either a parent or legal guardian must provide consent. Minors can, however, petition a court to obtain an abortion without parental consent if they are "sufficiently mature and well enough informed to decide whether to have an abortion" or if they have experienced physical or sexual abuse by their parents or guardians.

History of Consent Requirements in Alabama

Alabama's history of abortion consent requirements dates back to 1987, when the state passed a law requiring those under 18 to obtain written consent from a parent to have an abortion. This law provided exceptions for medical emergencies and allowed minors to petition courts for a waiver of consent.

In 2014, Alabama expanded the parental consent law, requiring parents or guardians to sign documents approving the abortion in the presence of a provider and provide proof of their legal responsibility for the minor. This law also increased the burden on minors petitioning the courts for an abortion by requiring them to prove their maturity.

Penalties for Non-Compliance

Physicians and other healthcare workers who perform abortions without the required consent may face felony charges and significant prison sentences. Alabama's abortion laws focus on penalizing those who perform illegal abortions rather than the women undergoing the procedure.

Frequently asked questions