Georgia’s laws on abortion establish a detailed framework for when and how the procedure can be performed. This article will explain the primary components of these laws, including the main restriction, the specific circumstances under which abortions are permitted, and the requirements for both patients and providers.
Georgia’s Current Abortion Law: The Heartbeat Act
Georgia’s primary abortion law is the Living Infants Fairness and Equality (LIFE) Act, often called the “Heartbeat Act.” Its central provision prohibits most abortions once a “detectable human heartbeat” is present, which the law defines as embryonic or fetal cardiac activity.
This cardiac activity is typically detectable with ultrasound technology around the sixth week of pregnancy. Consequently, abortions are generally not permitted in Georgia after this stage. A physician is required to perform a test to determine the presence of a heartbeat before any abortion procedure. The law provides specific, limited exceptions to this prohibition, which are detailed below.
The LIFE Act has faced significant legal challenges, but the Georgia Supreme Court has allowed the law to remain in effect while its constitutionality is reviewed.
The law also changed the legal status of an “unborn child” with a detectable heartbeat to that of a “natural person” in Georgia.1Justia Law. Georgia Code § 1-2-1 (2024) – Classes of persons generally… This change allows a fetus to be claimed as a dependent for state income tax purposes and to be included in certain population-based calculations.2Justia Law. Georgia Code § 48-7-26 (2024) – Personal exemptions
When Abortion Is Permitted for Medical Emergencies
Georgia law allows for an exception to the abortion ban in the case of a “medical emergency.” This is legally defined as a condition where, in a physician’s “reasonable medical judgment,” an abortion is necessary to prevent the death of the pregnant woman or to avert a “substantial and irreversible physical impairment of a major bodily function.”
The determination that a medical emergency exists rests with the attending physician and does not require that the patient’s death be imminent. The law explicitly states that a medical emergency cannot be based on a claim of a mental or emotional condition or the possibility that the woman might harm herself. When an abortion is performed under this exception, the physician must document the medical reasoning.
When Abortion Is Permitted After Rape or Incest
An exception to Georgia’s abortion restrictions is provided for pregnancies that are the result of rape or incest, allowing for an abortion up to 20 weeks of gestation. To qualify for this exception, the individual must have filed an official police report alleging the offense.3Justia Law. Georgia Code § 16-12-141 (2024) – Restrictions on the performance … The physician performing the abortion must have this documentation to proceed legally.
When Abortion Is Permitted for Medically Futile Pregnancies
Georgia law also provides an exception for pregnancies determined to be “medically futile.” This applies when, in a physician’s reasonable medical judgment, the fetus has a profound and irremediable congenital or chromosomal anomaly that makes it incompatible with sustaining life after birth.
Mandatory Requirements for Patients
Before an abortion can be performed, the state’s “Woman’s Right to Know Act” imposes several informed consent requirements. At least 24 hours before the procedure, the patient must be informed of several pieces of information:
- The specific medical risks of the abortion procedure.
- The probable gestational age of the fetus.
- The medical risks of carrying the pregnancy to term.
- That medical assistance benefits may be available for prenatal care and childbirth.
- That the father would be liable for child support.
- The right to review state-prepared materials about fetal development, alternatives to abortion, and fetal pain.
These materials are available on a state-sponsored website. After receiving this information, a mandatory 24-hour waiting period begins before the abortion can occur.
For patients under the age of 18, Georgia law requires that a parent or legal guardian be notified at least 24 hours before the abortion.4Justia Law. Georgia Code § 15-11-682 (2024) – Parental notification of abortion … A minor can, however, petition a juvenile court for a “judicial bypass” to waive this parental notification requirement if the court determines the minor is mature enough to make the decision independently or that notification is not in her best interest.
Rules for Medication Abortion (Abortion Pills)
Regulations for medication abortion, or abortion pills, are aligned with the general laws for procedural abortions. This means medication abortion is subject to the same gestational limit based on the detection of cardiac activity, and all informed consent and waiting period rules apply.
An in-person visit with a physician is necessary to obtain the pills. Because Georgia law requires that abortion-inducing drugs be dispensed by a physician in person, this framework prohibits mailing abortion pills directly to patients.
Legal Penalties for Violating Abortion Laws
Performing an abortion in violation of Georgia’s statutes carries significant legal consequences for healthcare providers. A person who performs an illegal abortion commits the offense of criminal abortion, a felony that carries a penalty of imprisonment for one to ten years.5Justia Law. Georgia Code § 16-12-140 (2024) – Criminal abortion
In addition to criminal charges, physicians who violate the law face professional sanctions, which can lead to the suspension or revocation of a medical license. The law also allows for civil lawsuits to be filed against a person who performs an illegal abortion, enabling the woman to recover damages. It also includes affirmative defenses for providers, such as when medical treatment for a pregnant woman results in the accidental death of the fetus.