Alabama

Alabama 20-week ban, 2011

In 2011, Alabama passed an unconstitutional 20-week ban on abortion. The law bans all abortions after 20 weeks post-fertilization with only limited exceptions for situations in which an abortion would be necessary to either save a woman’s life or to prevent the risk of substantial and irreversible physical impairment of a major bodily function. The law excludes mental health from this narrow health exception and prohibits a physician from performing an abortion even if he or she believes there is a risk that the woman may commit suicide or otherwise harm herself. The ban is currently in effect.

Alabama near-total ban, 2019

In April 2019, Alabama Representative Terri Collins (R-008) introduced a near-total abortion ban to criminalize all abortion or attempted abortion procedures, giving personhood rights to pregnancies. The bill, H 314, contained a narrow exception for lethal fetal anomalies or to save the life or preserve the health of a fetus, to deliver the fetus prematurely to avoid a serious health risk to the pregnant person, or to preserve the health of the fetus. There is also an exception for medical emergencies that would jeopardize the life or medical condition of the pregnant person. Alabama Governor Kay Ivey signed the bill into law on May 15. The ACLU has filed a lawsuit on behalf of abortion providers in the state challenging H 314.

Restrictions: 
Unconstitutionally limits abortion by gestational age after viability
Prohibits later abortion except to preserve a woman's life or physical (but not mental) health
Requires second physician in attendance to treat a fetus if it is born alive
Requires second physician to certify necessity of abortion

Alabama

Enacted legislation:

Alabama 20-week ban, 2011

In 2011, Alabama passed an unconstitutional 20-week ban on abortion. The law bans all abortions after 20 weeks post-fertilization with only limited exceptions for situations in which an abortion would be necessary to either save a woman’s life or to prevent the risk of substantial and irreversible physical impairment of a major bodily function. The law excludes mental health from this narrow health exception and prohibits a physician from performing an abortion even if he or she believes there is a risk that the woman may commit suicide or otherwise harm herself. The ban is currently in effect.

Alabama near-total ban, 2019

In April 2019, Alabama Representative Terri Collins (R-008) introduced a near-total abortion ban to criminalize all abortion or attempted abortion procedures, giving personhood rights to pregnancies. The bill, H 314, contained a narrow exception for lethal fetal anomalies or to save the life or preserve the health of a fetus, to deliver the fetus prematurely to avoid a serious health risk to the pregnant person, or to preserve the health of the fetus. There is also an exception for medical emergencies that would jeopardize the life or medical condition of the pregnant person. Alabama Governor Kay Ivey signed the bill into law on May 15. The ACLU has filed a lawsuit on behalf of abortion providers in the state challenging H 314.

Pending legislation: N/A
Special notes:

Legislative ban enacted in 2011 on abortions 20 weeks after fertilization/22 weeks LMP.

Restrictions: Unconstitutionally limits abortion by gestational age after viability | Prohibits later abortion except to preserve a woman's life or physical (but not mental) health | Requires second physician in attendance to treat a fetus if it is born alive | Requires second physician to certify necessity of abortion

Legislative news

Image of the Alabama statehouse
May 29, 2019:

On Wednesday, May 15 Alabama governor Kay Ivey signed HB 314 into...