HB80INTRODUCED
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HB80
PAHSGRG-1
By Representative Givan
RFD: Judiciary
First Read: 06-Feb-24
PFD: 01-Feb-24
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6 PAHSGRG-1 01/31/2024 GP (L)lg 2024-412
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PFD: 01-Feb-24
SYNOPSIS:
Under existing law, abortion is prohibited
except to prevent a serious health risk to the unborn
child's mother.
This bill would authorize an abortion necessary
to preserve the life of the unborn child's mother.
This bill would require that, if an abortion is
required to preserve the health of an unborn child's
mother, the father of the unborn child must pay for all
medical expenses related to the pregnancy and the
abortion, unless the mother waives the payment
requirement.
This bill would authorize a district court to
adjudicate paternity if an alleged father who is
required to pay expenses disputes paternity.
This bill would also authorize the father of an
unborn child who is required to pay expenses to
petition the district court for relief, and would
authorize the district court to grant relief on the
condition that the father agrees to undergo a
vasectomy.
A BILL
TO BE ENTITLED
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TO BE ENTITLED
AN ACT
Relating to abortion; to amend Sections 26-23H-3 and
26-23H-4, Code of Alabama 1975; to add Section 26-23H-4.1 to
the Code of Alabama 1975; to authorize an abortion to preserve
the life of the unborn child's mother; to require the father
to pay for an abortion required to preserve the life of the
mother and certain other medical expenses, unless the mother
waives the requirement; to authorize a district court to
adjudicate disputed paternity; to authorize the father to
petition the district court for relief; and to authorize the
district court to grant relief if the father agrees to undergo
a vasectomy.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 26-23H-3 and 26-23H-4, Code of
Alabama 1975, are amended to read as follows: FIX THIS
"§26-23H-3
As used in this chapter, the following terms shall have
the following meanings:
(1) ABORTION. The use or prescription of any
instrument, medicine, drug, or any other substance or device
with the intent to terminate the pregnancy of a woman known to
be pregnant with knowledge that the termination by those means
will with reasonable likelihood cause the death of the unborn
child. The term does not include these activities if done with
the intent to save the life or preserve the health of an
unborn child, remove a dead unborn child, to deliver the
unborn child prematurely to avoid a serious health risk to
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unborn child prematurely to avoid a serious health risk to
preserve the health of the unborn child's mother, or to
preserve the health of her unborn child. The term does not
include a procedure or act to terminate the pregnancy of a
woman with an ectopic pregnancy, nor does it include the
procedure or act to terminate the pregnancy of a woman when
the unborn child has a lethal anomaly.
(2) ECTOPIC PREGNANCY. Any pregnancy resulting from
either a fertilized egg that has implanted or attached outside
the uterus or a fertilized egg implanted inside the cornu of
the uterus.
(3) LETHAL ANOMALY. A condition from which an unborn
child would die after birth or shortly thereafter or be
stillborn.
(4) MAN. A male human being, whether or not he has
reached the age of majority.
(4)(5) MEDICAL EMERGENCY. A condition which, in
reasonable medical judgment, so complicates the medical
condition of the pregnant woman that her pregnancy must be
terminated to avoid a serious health risk as defined in this
chapter.
(5)(6) PHYSICIAN. A person licensed to practice
medicine and surgery or osteopathic medicine and surgery in
Alabama.
(6) SERIOUS HEALTH RISK TO THE UNBORN CHILD'S MOTHER.
In reasonable medical judgment, the child's mother has a
condition that so complicates her medical condition that it
necessitates the termination of her pregnancy to avert her
death or to avert serious risk of substantial physical
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death or to avert serious risk of substantial physical
impairment of a major bodily function. This term does not
include a condition based on a claim that the woman is
suffering from an emotional condition or a mental illness
which will cause her to engage in conduct that intends to
result in her death or the death of her unborn child. However,
the condition may exist if a second physician who is licensed
in Alabama as a psychiatrist, with a minimum of three years of
clinical experience, examines the woman and documents that the
woman has a diagnosed serious mental illness and because of
it, there is reasonable medical judgment that she will engage
in conduct that could result in her death or the death of her
unborn child. If the mental health diagnosis and likelihood of
conduct is confirmed as provided in this chapter, and it is
determined that a termination of her pregnancy is medically
necessary to avoid the conduct, the termination may be
performed and shall be only performed by a physician licensed
in Alabama in a hospital as defined in the Alabama
Administrative Code and to which he or she has admitting
privileges.
(7) UNBORN CHILD, CHILD, OR PERSON. A human being,
specifically including an unborn child in utero at any stage
of development, regardless of viability.
(8) WOMAN. A female human being, whether or not she has
reached the age of majority."
"§26-23H-4
(a) It shall be unlawful for any person to
intentionally perform or attempt to perform an abortion except
as provided for by subsection (b).
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as provided for by subsection (b).
(b) An abortion shall be permitted if an attending
physician licensed in Alabama determines that an abortion is
necessary in order to prevent a serious health risk to
preserve the health of the unborn child's mother. Except in
the case of a medical emergency as defined herein, the
physician's determination shall be confirmed in writing by a
second physician licensed in Alabama. The confirmation shall
occur within 180 days after the abortion is completed and
shall be prima facie evidence for a permitted abortion."
Section 2. Section 26-23H-4.1 is added to the Code of
Alabama 1975, to read as follows:
§26-23H-4.1
(a)(1) Except as provided in subdivision (2), if an
abortion is necessary to preserve the health of an unborn
child's mother pursuant to Section 26-23H-4, the unborn
child's father shall pay for all medical expenses associated
with the pregnancy and the abortion including, but not limited
to, expenses associated with any complications resulting from
the pregnancy.
(2) The mother of an unborn child for whom an abortion
is required to preserve her health may opt not to require
payment from the unborn child's father by completing and
submitting a waiver to the district court in the county in
which she resides. The waiver shall be developed by the
Administrative Office of Courts.
(b) A father required to pay for expenses pursuant to
subsection (a) may petition the district court for relief from
those requirements, provided that the father agrees to undergo
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those requirements, provided that the father agrees to undergo
a vasectomy. A man required to undergo a vasectomy under this
subsection must provide the court with documentation of the
vasectomy.
(c) If a man required to pay for expenses pursuant to
subsection (a) disputes that he is the father of the unborn
child in question, he may petition the district court to
adjudicate paternity. If the court determines that the man is
the biological father of the unborn child, he must either pay
the expenses required by subsection (a) or petition for a
grant of relief pursuant to subsection (b).
(d)(1) Appropriate venue for a proceeding under this
section is the county of this state in which the unborn
child's alleged father resides or in which the unborn child's
mother resides.
(2) Court proceedings under this section shall be given
such precedence over other pending matters as is necessary to
ensure that the court may reach a decision promptly, but in no
case shall the court fail to rule within 48 hours of the time
the petition is filed, Saturdays, Sundays, and legal holidays
excluded.
Section 3. This act shall become effective on October
1, 2024.
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