Alabama 2025 Regular Session

Alabama House Bill HB50 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB50INTRODUCED
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3	3	HB50
4	4	AUIF7S7-1
5	5	By Representative Givan
6	6	RFD: Judiciary
7	7	First Read: 04-Feb-25
8	8	PFD: 01-Oct-24
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14	14	6 AUIF7S7-1 06/10/2024 GP (L)lg 2024-1875
15	15	Page 1
16	16	PFD: 01-Oct-24
17	17	SYNOPSIS:
18	18	Under existing law, abortion is prohibited
19	19	except to prevent a serious health risk to the unborn
20	20	child's mother.
21	21	This bill would authorize an abortion necessary
22	22	to preserve the health of the unborn child's mother.
23	23	This bill would authorize an abortion if the
24	24	pregnancy results from rape or incest.
25	25	This bill would provide that if an unborn
26	26	child's father is convicted of rape or incest resulting
27	27	in a pregnancy subject to abortion, he must pay for the
28	28	abortion and related costs and undergo either a
29	29	vasectomy or castration, as determined by the court.
30	30	This bill would authorize the mother of an
31	31	unborn child who undergoes an abortion to preserve her
32	32	health to petition the court to require the unborn
33	33	child's father to pay for all medical expenses related
34	34	to the pregnancy and the abortion.
35	35	This bill would authorize a court to adjudicate
36	36	paternity if an alleged father who is required to pay
37	37	expenses disputes paternity and would provide for
38	38	jurisdiction.
39	39	This bill would also authorize the father of an
40	40	unborn child who is required to pay expenses to
41	41	petition the court for relief and would authorize the
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71	71	petition the court for relief and would authorize the
72	72	court to grant relief on the condition that the father
73	73	undergoes a vasectomy.
74	74	A BILL
75	75	TO BE ENTITLED
76	76	AN ACT
77	77	Relating to abortion; to amend Sections 26-23H-3 and
78	78	26-23H-4, Code of Alabama 1975; to add Section 26-23H-4.1 to
79	79	the Code of Alabama 1975; to authorize an abortion to preserve
80	80	the health of the unborn child's mother or if a pregnancy
81	81	results from rape or incest; to require an unborn child's
82	82	father who is convicted of rape or incest to pay for any
83	83	associated abortion and to undergo a vasectomy or castration;
84	84	to authorize a mother who undergoes an abortion to preserve
85	85	her health to petition the court to require the unborn child's
86	86	father to pay for all medical expenses related to the
87	87	pregnancy and the abortion; to provide that the unborn child's
88	88	father may be granted relief if he undergoes a vasectomy; to
89	89	authorize a court to adjudicate disputed paternity; and to
90	90	provide for jurisdiction.
91	91	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
92	92	Section 1. Sections 26-23H-3 and 26-23H-4, Code of
93	93	Alabama 1975, are amended to read as follows:
94	94	"§26-23H-3
95	95	As used in this chapter, the following terms shall have
96	96	the following meanings:
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126	126	the following meanings:
127	127	(1) ABORTION. The use or prescription of any
128	128	instrument, medicine, drug, or any other substance or device
129	129	with the intent to terminate the pregnancy of a woman known to
130	130	be pregnant with knowledge that the termination by those means
131	131	will with reasonable likelihood cause the death of the unborn
132	132	child. The term does not include these activities if done with
133	133	the intent to save the life or preserve the health of an
134	134	unborn child, remove a dead unborn child, to deliver the
135	135	unborn child prematurely to avoid a serious health risk to
136	136	preserve the health of the unborn child's mother, or to
137	137	preserve the health of her unborn child. The term does not
138	138	include a procedure or act to terminate the pregnancy of a
139	139	woman with an ectopic pregnancy, nor does it include the
140	140	procedure or act to terminate the pregnancy of a woman when
141	141	the unborn child has a lethal anomaly.
142	142	(2) ECTOPIC PREGNANCY. Any pregnancy resulting from
143	143	either a fertilized egg that has implanted or attached outside
144	144	the uterus or a fertilized egg implanted inside the cornu of
145	145	the uterus.
146	146	(3) LETHAL ANOMALY. A condition from which an unborn
147	147	child would die after birth or shortly thereafter or be
148	148	stillborn.
149	149	(4) MAN. A male human being, whether or not he has
150	150	reached the age of majority.
151	151	(4)(5) MEDICAL EMERGENCY. A condition which, in
152	152	reasonable medical judgment, so complicates the medical
153	153	condition of the pregnant woman that her pregnancy must be
154	154	terminated to avoid a serious health risk as defined in this
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184	184	terminated to avoid a serious health risk as defined in this
185	185	chapter.
186	186	(5)(6) PHYSICIAN. A person licensed to practice
187	187	medicine and surgery or osteopathic medicine and surgery in
188	188	Alabama.
189	189	(6) SERIOUS HEALTH RISK TO THE UNBORN CHILD'S MOTHER.
190	190	In reasonable medical judgment, the child's mother has a
191	191	condition that so complicates her medical condition that it
192	192	necessitates the termination of her pregnancy to avert her
193	193	death or to avert serious risk of substantial physical
194	194	impairment of a major bodily function. This term does not
195	195	include a condition based on a claim that the woman is
196	196	suffering from an emotional condition or a mental illness
197	197	which will cause her to engage in conduct that intends to
198	198	result in her death or the death of her unborn child. However,
199	199	the condition may exist if a second physician who is licensed
200	200	in Alabama as a psychiatrist, with a minimum of three years of
201	201	clinical experience, examines the woman and documents that the
202	202	woman has a diagnosed serious mental illness and because of
203	203	it, there is reasonable medical judgment that she will engage
204	204	in conduct that could result in her death or the death of her
205	205	unborn child. If the mental health diagnosis and likelihood of
206	206	conduct is confirmed as provided in this chapter, and it is
207	207	determined that a termination of her pregnancy is medically
208	208	necessary to avoid the conduct, the termination may be
209	209	performed and shall be only performed by a physician licensed
210	210	in Alabama in a hospital as defined in the Alabama
211	211	Administrative Code and to which he or she has admitting
212	212	privileges.
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242	242	privileges.
243	243	(7) UNBORN CHILD, CHILD, OR PERSON. A human being,
244	244	specifically including an unborn child in utero at any stage
245	245	of development, regardless of viability.
246	246	(8) WOMAN. A female human being, whether or not she has
247	247	reached the age of majority."
248	248	"§26-23H-4
249	249	(a) It shall be unlawful for any person to
250	250	intentionally perform or attempt to perform an abortion except
251	251	as provided for by subsection (b) or (c).
252	252	(b) An abortion shall be permitted if an attending
253	253	physician licensed in Alabama determines that an abortion is
254	254	necessary in order to prevent a serious health risk to
255	255	preserve the health of the unborn child's mother. Except in
256	256	the case of a medical emergency as defined herein , the
257	257	physician's determination shall be confirmed in writing by a
258	258	second physician licensed in Alabama. The confirmation shall
259	259	occur within 180 days after the abortion is completed and
260	260	shall be prima facie evidence for a permitted abortion.
261	261	(c)(1) An abortion shall be permitted if the pregnancy
262	262	is the result of an act of rape or incest.
263	263	(2) If a man is convicted of the act of rape or incest
264	264	and the act results in pregnancy, the court shall require him
265	265	to: (i) pay for all medical expenses associated with the
266	266	resulting pregnancy and abortion; and (ii) undergo either a
267	267	vasectomy or castration. "
268	268	Section 2. Section 26-23H-4.1 is added to the Code of
269	269	Alabama 1975, to read as follows:
270	270	§26-23H-4.1
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300	300	§26-23H-4.1
301	301	(a) If an abortion is necessary to preserve the health
302	302	of an unborn child's mother pursuant to Section 26-23H-4, the
303	303	mother of the unborn child may petition the circuit court to
304	304	require the unborn child's father to pay for all medical
305	305	expenses associated with the pregnancy and the abortion,
306	306	including, but not limited to, expenses associated with any
307	307	complications resulting from the pregnancy.
308	308	(b) A father required to pay for expenses pursuant to
309	309	subsection (a) may petition the circuit court for relief from
310	310	those requirements, provided that the father agrees to undergo
311	311	a vasectomy. A man required to undergo a vasectomy under this
312	312	subsection must provide the court with documentation of the
313	313	vasectomy.
314	314	(c) If a man required to pay for expenses pursuant to
315	315	subsection (a) disputes that he is the father of the unborn
316	316	child in question, he may petition the circuit court to
317	317	adjudicate paternity. If the court determines that the man is
318	318	the biological father of the unborn child, he must either pay
319	319	the expenses required by subsection (a) or petition for a
320	320	grant of relief pursuant to subsection (b).
321	321	(d)(1) The appropriate venue for a proceeding under
322	322	this section is the county in which the unborn child's alleged
323	323	father resides or in which the unborn child's mother resides.
324	324	(2) Court proceedings under this section shall be given
325	325	such precedence over other pending matters as is necessary to
326	326	ensure that the court may reach a decision promptly, but in no
327	327	case shall the court fail to rule within 48 hours of the time
328	328	the petition is filed, Saturdays, Sundays, and legal holidays
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358	358	the petition is filed, Saturdays, Sundays, and legal holidays
359	359	excluded.
360	360	Section 3. This act shall become effective on October
361	361	1, 2025.
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