Georgia's Abortion Law: Understanding The Start Date

Abortion laws in Georgia have been a contentious issue for several years. In 2019, the state passed the LIFE Act, which prohibits abortions after the detection of a fetal heartbeat, which typically occurs around six weeks into a pregnancy. However, this law has faced ongoing legal challenges, with courts blocking and reinstating it several times. The law currently stands as unconstitutional per a ruling on September 30, 2024, by a Georgia Superior Court Judge, though the state is appealing this decision.

The LIFE Act

In 2019, Georgia's Republican-dominated state legislature passed a "fetal heartbeat" law known as the LIFE Act. The bill was signed into effect by Governor Brian Kemp.

The law provides exceptions for abortion in cases of medical emergencies, medically futile pregnancies, and pregnancies that resulted from rape or incest. It also stipulates that procedures to remove a deceased fetus or an ectopic pregnancy do not constitute an abortion.

In September 2024, a Georgia superior court judge ruled the Act unconstitutional, but the state Supreme Court quickly reinstated the ban during the appeal process. The law remains in effect as of October 2024, with the state appealing the ruling.

Detectable foetal heartbeat

Georgia's abortion law, the LIFE Act, prohibits most abortions once a physician can detect cardiac activity in the foetus, which is estimated to be around six weeks into a pregnancy. This is when the heart begins to beat and is considered a significant milestone in foetal development. However, it is important to note that the heart is not fully formed at this stage, and medical professionals advise that a true fetal heartbeat cannot be detected until around 17 to 20 weeks of gestation when the heart chambers are sufficiently developed.

An ultrasound is typically used to detect the fetal heartbeat. During a scan, a doctor may refer to the fetus as an embryo before week eight of pregnancy. The first visible sign of the embryo, known as the fetal pole, can usually be seen at roughly five to six weeks. At this stage, cardiac tissue starts to pulse, registering as a heartbeat on the ultrasound, even though the heart has not yet developed.

The fetal heartbeat can be detected in several ways, including through a transvaginal ultrasound, which is an internal scan where a device is inserted into the vagina to monitor the embryo's development. This type of scan is typically used before week 11 of pregnancy, as it can be difficult to detect the heartbeat after this point. A transabdominal scan, on the other hand, is used during the second and third trimesters, where a healthcare professional spreads lubricating gel on the pregnant person's lower abdomen and moves a handheld ultrasound device to find the fetus.

The detection of a fetal heartbeat is a critical factor in Georgia's abortion law, as it determines the legality of the procedure. However, it is important to note that there is ongoing debate and controversy surrounding the accuracy and ethical implications of these detections.

Medical emergency exceptions

Georgia's abortion law, known as the LIFE Act, prohibits most abortions once a fetal heartbeat is detected, which typically occurs around six weeks into a pregnancy. However, the law provides exceptions for abortion in cases of medical emergencies. Here is a detailed overview of the medical emergency exceptions:

• Definition of Medical Emergency: According to Georgia law, a "medical emergency" refers to a condition where an abortion is necessary to prevent the death of the pregnant woman or to prevent substantial and irreversible physical impairment of a major bodily function. This does not include mental or emotional conditions or situations where the woman intends to harm herself.
• Physician's Determination: For an abortion to be legally permitted under the medical emergency exception, a licensed physician must determine that the condition exists and that abortion is necessary to prevent death or irreversible harm. The physician's judgment must be based on reasonable medical criteria.
• No Gestational Age Limit: Unlike other exceptions, such as in cases of rape or incest, there is no specified gestational age limit for abortions performed due to medical emergencies. This means that abortions can be legally performed at any stage of pregnancy if a physician deems it necessary to prevent the death or substantial and irreversible physical harm to the pregnant woman.
• Previous Law: Prior to the LIFE Act, Georgia's abortion laws also included a medical emergency exception. However, this exception was limited to cases of immediate risk to the life of the pregnant woman, and doctors often delayed or denied care due to the vague nature of the exception.
• Health Insurance Coverage: Health insurance plans offered under the Affordable Care Act in Georgia will cover abortions in cases of medical emergencies. However, state insurance policies for public employees will only provide coverage in cases of life endangerment.
• Legal Challenges: The LIFE Act has faced ongoing legal challenges, with abortion rights supporters arguing that it violates the state constitution. While a superior court judge ruled the law unconstitutional on September 30, 2024, the Georgia Supreme Court reinstated the abortion ban during the appeal process, and the law remains in effect as of October 2024.

Rape and incest exceptions

Georgia's abortion law, the LIFE Act, came into force on July 20, 2022, and prohibits most abortions once a physician detects cardiac activity in the foetus, which is usually around six weeks into a pregnancy. This law provides exceptions for abortions in cases of rape or incest, but there are several conditions that must be met.

Firstly, the pregnant individual must report the sexual assault to law enforcement and file a police report. This requirement can restrict abortion access, as survivors of sexual assault may be afraid to report the incident to the police due to fear of retaliation or a belief that the police will not be able to help. In addition, there are no clear guidelines on how quickly law enforcement must issue a copy of the report, and it can be difficult to obtain a copy while the investigation is still ongoing.

Secondly, the probable gestational age of the foetus must be 20 weeks or less. This time limit can also make it challenging for pregnant individuals to access abortion care, as many people do not realise they are pregnant until after the six-week mark.

Thirdly, the physician must determine that there is no embryonic cardiac activity or fetal heartbeat present. This determination can be difficult to make, as there is no clear medical consensus on when a fetal heartbeat can be detected. Some claim it can be as early as six weeks, while others state that the fetal heart does not form until at least nine or ten weeks.

It is important to note that these exceptions for rape and incest do not always guarantee access to abortion care in Georgia. The feasibility of accessing abortion under these exceptions has received less attention, and there may be barriers such as provider availability and early pregnancy gestational limits. Additionally, physicians may be reluctant to perform abortions, even when exceptions apply, due to fear of prosecution.

Abortion law constitutionality

The abortion law in Georgia is currently in a state of flux, with ongoing legal challenges regarding its constitutionality. The law, known as the LIFE Act or HB 481, prohibits most abortions after the detection of embryonic cardiac-cell activity, which typically occurs around the sixth week of pregnancy. This law was passed in 2019 and has faced legal challenges since then.

Constitutionality of the Abortion Law in Georgia

The constitutionality of Georgia's abortion law has been the subject of much debate and legal challenges. Here is a detailed overview of the law's constitutionality:

Federal Court Rulings

• In 2019, a federal court in Georgia initially blocked the LIFE Act, finding that it conflicted with the Supreme Court's 1973 ruling in Roe v. Wade, which established a constitutional right to privacy that included the right to abortion.
• However, in 2022, the Supreme Court overturned Roe v. Wade in the Dobbs v. Jackson Women's Health Organization case, holding that there was no constitutional right to abortion. As a result, a federal appeals court overturned the lower court's ruling and allowed Georgia's "heartbeat law" to take effect.

State Court Rulings

• The constitutionality of the abortion law was then challenged in state court. On September 30, 2024, a Georgia superior court judge ruled that the law was unconstitutional under the state constitution.
• However, on October 7, 2024, the Georgia Supreme Court reinstated the abortion ban while the court considered an appeal, allowing the law to remain in effect.
• The case was sent back to the Fulton County Superior Court, which is currently reviewing the remaining state law claims.

Impact of the Abortion Law

Georgia's abortion law is one of the strictest in the nation, and it has had a significant impact on abortion access in the state. The law has faced opposition from abortion rights supporters, who argue that it restricts women's reproductive rights and lacks a scientific basis for the "heartbeat" standard.

Additionally, the law has been criticised for not providing explicit protection for women who undergo unlawful abortions, potentially leaving them vulnerable to prosecution. The law has also led to a decrease in the number of abortion clinics in the state and an increase in women from neighbouring states seeking abortions in Georgia due to tighter restrictions in their home states.

The abortion law in Georgia, which prohibits most abortions after the detection of embryonic cardiac activity, has been the subject of ongoing legal challenges. While it is currently in effect, a state superior court judge has ruled it unconstitutional, and the case is still being reviewed by the state courts. The law's constitutionality remains uncertain, and it continues to be a divisive issue in the state and the nation.

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