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2018 Georgia Code 16-12-141 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-12-141 Case Law from Google Scholar Amendments to OCGA 16-12-141

TITLE 16 CRIMES AND OFFENSES

Section 12. Offenses Against Public Health and Morals, 16-12-1 through 16-12-191.

ARTICLE 5 ABORTION

16-12-141. Restrictions on the performance of abortions; availability of records.

  1. No abortion is authorized or shall be performed in violation of subsection (a) of Code Section 31-9B-2.
    1. No abortion is authorized or shall be performed after the first trimester unless the abortion is performed in a licensed hospital, in a licensed ambulatory surgical center, or in a health facility licensed as an abortion facility by the Department of Community Health.
    2. An abortion shall only be performed by a physician licensed under Article 2 of Chapter 34 of Title 43.
    1. No abortion is authorized or shall be performed if the probable gestational age of the unborn child has been determined in accordance with Code Section 31-9B-2 to be 20 weeks or more unless the pregnancy is diagnosed as medically futile, as such term is defined in Code Section 31-9B-1, or in reasonable medical judgment the abortion is necessary to:
      1. Avert the death of the pregnant woman or avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; or
      2. Preserve the life of an unborn child.

        As used in this paragraph, the term "probable gestational age of the unborn child" has the meaning provided by Code Section 31-9B-1.

    2. In any case described in subparagraph (A) or (B) of paragraph (1) of this subsection, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would another available method. No such greater risk shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. If the child is capable of sustained life, medical aid then available must be rendered.
  4. Hospital or other licensed health facility records shall be available to the district attorney of the judicial circuit in which the hospital or health facility is located.

(Code 1933, § 26-1202, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1973, p. 635, § 1; Ga. L. 1997, p. 142, § 1; Ga. L. 2005, p. 1450, § 4/HB 197; Ga. L. 2009, p. 453, §§ 1-4, 1-6/HB 228; Ga. L. 2011, p. 705, §§ 6-3, 6-5/HB 214; Ga. L. 2012, p. 575, § 2/HB 954.)

Editor's notes.

- Ga. L. 2012, p. 575, § 1/HB 954, not codified by the General Assembly, provides that: "The General Assembly makes the following findings:

"(1) At least by 20 weeks after fertilization there is substantial evidence that an unborn child has the physical structures necessary to experience pain;

"(2) There is substantial evidence that, by 20 weeks after fertilization, unborn children seek to evade certain stimuli in a manner which in an infant or an adult would be interpreted as a response to pain;

"(3) Anesthesia is routinely administered to unborn children who have developed 20 weeks or more past fertilization who undergo prenatal surgery;

"(4) Even before 20 weeks after fertilization, unborn children have been observed to exhibit hormonal stress responses to painful stimuli. Such responses were reduced when pain medication was administered directly to such unborn children;

"(4.1) Probable gestational age is an estimate made to assume the closest time to which the fertilization of a human ovum occurred and does not purport to be an exact diagnosis of when such fertilization occurred; and

"(5) It is the purpose of the State of Georgia to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain."

Administrative Rules and Regulations.

- Performance of abortions after the first trimester of pregnancy, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Human Resources, Chapter 290-5-32.

Law reviews.

- For article, "Crimes and Offenses," see 27 Ga. St. U.L. Rev. 209 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 250 (1997). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 147 (2005). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 253 (2012).

JUDICIAL DECISIONS

Whether an abortion was necessary was a professional judgment that a Georgia physician will be called upon to make routinely, and such words did not make former Code 1933, § 26-1202 (see now O.C.G.A. § 16-12-141) unconstitutionally vague. Doe v. Bolton, 410 U.S. 179, 93 S. Ct. 739, 35 L. Ed. 2d 201 (1973).

Viable unborn child has right to protection.

- Viable unborn child has the right under the United States Constitution to protection of state through statutes prohibiting arbitrary termination of life of an unborn fetus. Jefferson v. Griffin Spalding County Hosp. Auth., 247 Ga. 86, 274 S.E.2d 457 (1981).

As to required acquiescence by co-practitioners under former Code 1933, § 26-1202(b)(3) (see now O.C.G.A. § 16-12-141(c)), the statute's connection, or lack thereof, with patient's needs and the statute's effect on physician's right to practice, see Doe v. Bolton, 410 U.S. 179, 93 S. Ct. 739, 35 L. Ed. 2d 201 (1973) (decided prior to repeal and reenactment of this section by Ga. L. 1973, p. 635, § 1).

Cited in Lathrop v. Deal, 301 Ga. 408, 801 S.E.2d 867 (2017).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 26-1202 and 88-1716 are included in the annotations for this Code section.

Rights under section extend to female inmates in state prisons.

- Beyond requirements provided by abortion statute enacted in compliance with holding of landmark, Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), and Doe v. Bolton, 410 U.S. 179, 93 S. Ct. 739, 35 L. Ed. 2d 201 (1973), the Board of Offender Rehabilitation may not regulate right of female inmates to have abortions; the board must comply with these statutory requirements in allowing and procuring abortions for female inmates, but a failure to permit such abortions under prescribed conditions would lead to infringement of the female inmates' civil rights as guaranteed under the United States Constitution. 1977 Op. Att'y Gen. No. 77-36.

Certificate of legal abortion will not replace fetal death certificate (see now O.C.G.A. §§ 31-10-18 and31-10-19). 1973 Op. Att'y Gen. No. 73-71 (rendered under former Code 1933, §§ 26-1202 and 88-1716).

Physician is immune from civil liability for performing an abortion when requirements are met, assuming that no restraining order has been issued. 1970 Op. Att'y Gen. No. U70-61 (rendered under former Code 1933, § 26-1202, prior to repeal and reenactment by Ga. L. 1973, p. 635, § 1).

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Abortion and Birth Control, § 3.

C.J.S.

- 1 C.J.S., Abortion and Birth Control; Family Planning, § 1.

ALR.

- Criminal responsibility of one other than subject or actual perpetrator of abortion, 4 A.L.R. 351.

Right of action for injury to or death of woman who consented to illegal abortion, 36 A.L.R.3d 630.

Homicide based on killing of unborn child, 40 A.L.R.3d 444.

Woman's right to have abortion without consent of, or against objections of, child's father, 62 A.L.R.3d 1097.

Entrapment defense in sex offense prosecutions, 12 A.L.R.4th 413.

Medical practice in performance of legal abortion, 69 A.L.R.4th 875.

Cases Citing Georgia Code 16-12-141 From Courtlistener.com

Total Results: 2

STATE OF GEORGIA v. SISTERSONG WOMEN OF COLOR REPRODUCTIVE JUSTICE COLLECTIVE

Court: Supreme Court of Georgia | Date Filed: 2023-10-24

Snippet: here, Section 4 of the LIFE Act amended OCGA § 16-12-141 to criminalize, with certain exceptions, abortion

Lathrop v. Deal

Court: Supreme Court of Georgia | Date Filed: 2017-06-19

Citation: 301 Ga. 408, 801 S.E.2d 867, 2017 WL 2625463, 2017 Ga. LEXIS 529

Snippet: See Ga. L. 2012, p. 575, §2 (codified at OCGA § 16-12-141 (c) (1)). In the limited circumstances in which