(a) The public policy of the State of Alabama is to protect life, born, and unborn. This is particularly true concerning unborn life that is capable of living outside the womb. The Legislature of the State of Alabama finds there are abortions being done in Alabama after the time of viability and in violation of its public policy.
(b) The Legislature specifically finds the following:
(1) Medical evidence shows there is a survival rate of babies born between ages 23 weeks to 29 weeks gestational age of 64 percent to 94 percent.
(2) In Webster v. Reproductive Health Services, 492 U.S. 499 (1989), the United States Supreme Court determined that viability may occur as early as 23 to 24 weeks gestational age. Also, the United States Supreme Court determined that requiring fetal viability testing at 20 weeks gestational age is constitutional, because there is up to a four week margin of error in determining gestational age.
(3) In the latest year of Alabama statistical reporting, 1994, there were reported to be 182 abortions performed at 20 or more weeks gestational age. There were also 70 abortions performed where no gestational age was stated.
(c) Subject to life and health exceptions to the mother, it is the intent of the Legislature to ban abortions of any unborn child that is capable of living outside the womb. To permit otherwise is a wanton disregard of human life.
(Acts 1997, No. 97-442, p. 746, §1.)
Notes of Decisions
Summit Med. Assocs., P.C. v. Pryor, 180 F.3d 1326 (11th Cir. 1999).
· cites it 2× “1998), and the Abortion of Viable Unborn Child Act, Ala. Code §§ 26-22-1 to -5 (Supp.1998), violate the Fourteenth Amendment to the United States Constitution, as enforced by 42 U.”
Summit Med. Ctr. of Alabama, Inc. v. Riley, 284 F. Supp. 2d 1350 (M.D. Ala. 2003).
“Code §§ 26-21-1 to 8 (requiring parental or judicial consent in order for unemancipated minor to obtain an abortion); §§ 26-22-1 to 5 (criminalizing abortion of viable unborn child); Ala.”
Summit Med. Assocs., P.C. v. James, 984 F. Supp. 1404 (M.D. Ala. 1998).
· cites it 2× “Code §§ 26-22-1 to 26-22^1 (Law.Co-op.Supp.1997), took effect on August 12, 1997, and proscribes abortions performed after the fetus has achieved “viability.”
Summit Med. Assocs., P.C. v. Siegelman, 130 F. Supp. 2d 1307 (M.D. Ala. 2001).
· cites it 2× “§ 1983 : the partial-birth abortion statute and the Alabama Abortion of Viable Unborn Child Act, 1975 Ala.Code §§ 26-22-1 to 26-22-5, which proscribes abortions performed after the fetus has achieved “viability.”
Summit Med. Assocs., Pc v. James, 998 F. Supp. 1339 (M.D. Ala. 1998).
· cites it 2× “The second statute, the Alabama Abortion of Viable Unborn Child Act, 1975 Ala.Code §§ 26-22-1 to 26-22-4 (Law. Co-op.”
Summit Med. Ctr. of Alabama, Inc. v. Riley, 274 F. Supp. 2d 1262 (M.D. Ala. 2003).
“Code §§ 26-22-1 to 5. 16 . The Plaintiffs do not argue that the Governor, Health Officer, or District Attorneys could bring an action under § 10(a).”
Hicks v. State, 153 So. 3d 53 (Ala. 2014).
“See § 26-22-1(a), Ala.Code 1975 (“The public policy of the State of Alabama is to protect life, born, and unborn.”
Summit Med. Assocs. v. James (11th Cir. 1999).
· cites it 2× “1998), and the Abortion of Viable Unborn Child Act, Ala. Code §§ 26-22-1 to -5 (Supp. 1998), violate the Fourteenth Amendment to the United States Constitution, as enforced by 42 U.”
— Ala. Code § 26-22-1(a) — 1 case
Hicks v. State, 153 So. 3d 53 (Ala. 2014).
“See § 26-22-1(a), Ala.Code 1975 (“The public policy of the State of Alabama is to protect life, born, and unborn.”
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