Alabama’s legal framework regarding abortion is among the most restrictive in the United States. Following recent shifts in federal constitutional interpretation, state-level statutes now govern the legality and accessibility of abortion procedures.
This article provides an overview of the primary laws, the specific acts that are prohibited, the narrow exceptions permitted, the penalties for violations, and the status of traveling to another state for care. The information presented here is intended to clarify the legal landscape for a general audience.
The Human Life Protection Act in Alabama
The foundational law governing abortion in Alabama is the Human Life Protection Act, officially known as Act 2019-189. This statute establishes a near-total ban on abortion, asserting that it is the public policy of Alabama to support the sanctity of unborn life. The law was passed in 2019 but could not take full effect due to existing federal protections.
The legal landscape changed with the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization.1Supreme Court of the United States. Dobbs v. Jackson Women’s Health Organization This ruling overturned Roe v. Wade, removing the federal constitutional right to abortion and returning regulatory authority to individual states. Following this decision, a federal court lifted the injunction that had blocked the Human Life Protection Act, allowing it to go into effect on June 24, 2022.2Alabama Attorney General’s Office. Elective Abortions Are Illegal in Alabama: Court Removes Injunction Against the Alabama Human Life Protection Act
Prohibited Abortion Procedures Under State Law
Under the Human Life Protection Act, it is illegal to perform or attempt to perform an abortion at any stage of pregnancy. The law defines an abortion as the use of any instrument, medicine, drug, or other substance with the intent to terminate the pregnancy of a woman known to be pregnant. This prohibition covers both surgical procedures and medication-induced abortions from the point of conception.
The statute specifically targets medical professionals or any other individuals who perform or induce an abortion. The Human Life Protection Act does not subject the pregnant individual who seeks or obtains an abortion to criminal liability or penalties. The legal consequences are directed solely at those who carry out the prohibited act.
This comprehensive ban means that procedures that were once performed in clinics are no longer legal in the state. The statute makes no distinction regarding the method used to terminate the pregnancy; all forms are encompassed within the prohibition.
Legal Exceptions for Medical Necessity
Alabama’s abortion ban includes a narrow exception. An abortion is legally permitted only when it is necessary to prevent a serious health risk to the pregnant person.3Justia. Alabama Code § 26-23H-4 – Abortion Prohibited; Exception Specifically, the law allows a physician to perform an abortion to avert the death of the mother or to prevent a “serious risk of substantial physical impairment of a major bodily function.” This determination must be made by a licensed physician.
The law requires that, except in a medical emergency, a second physician must confirm in writing the medical necessity of the abortion. This confirmation serves as evidence that the procedure was permissible under the statute.
Alabama’s law does not provide exceptions for pregnancies that result from rape or incest. This lack of exceptions has been a point of public discussion, but as the law currently stands, the circumstances of conception do not create a legal basis for an abortion. The only recognized justification is a direct threat to the physical health of the pregnant individual.
Penalties for Violating Abortion Laws
The legal consequences for violating Alabama’s abortion law are aimed at the individuals who perform the procedure. Performing an abortion in contravention of the Human Life Protection Act is classified as a Class A felony.4Justia. Alabama Code § 26-23H-6 – Violations Under Alabama’s sentencing guidelines, a Class A felony carries a potential prison sentence of 10 to 99 years, or life imprisonment.5Justia. Alabama Code § 13A-5-6 – Sentences of Imprisonment for Felonies
An attempt to perform an illegal abortion is also a crime, classified as a Class C felony. A conviction for a Class C felony can result in a prison sentence of one year and one day up to 10 years. These penalties underscore the state’s intent to prevent medical professionals from performing abortions outside the single, narrow legal exception.
Traveling Out-of-State for Abortion Services
Current Alabama law does not prohibit a resident from traveling to another state to obtain an abortion where it is legal. The right to travel between states is a fundamental principle of U.S. law. Therefore, an individual can legally leave Alabama to seek medical services, including abortion, in a state where such procedures are permitted.
There have been public statements and legal arguments suggesting that individuals who assist someone in traveling for an out-of-state abortion could face prosecution. The Alabama Attorney General’s office argued it had the authority to prosecute those who help a person leave the state for an abortion. A federal court has allowed a legal challenge against this position to proceed, stating that Alabama cannot restrict people from traveling to another state for lawful activities.
While the issue has been a subject of legal debate, no law has been enacted in Alabama that criminalizes such travel. Residents remain able to cross state lines to access abortion care without violating Alabama statute.