Georgia’s legal landscape regarding abortion is defined by specific laws that regulate access to the procedure. These regulations establish a framework outlining when and how an abortion can be legally performed within the state. Understanding this framework requires examining the primary gestational limit, the legally recognized exceptions, and the procedural requirements for both patients and providers.
Georgia’s Current Gestational Limit on Abortion
The primary law governing abortion in Georgia is House Bill 481, also known as the Living Infants Fairness and Equality (LIFE) Act. This law establishes the state’s general prohibition on abortions once embryonic or fetal cardiac activity can be detected. This activity, which the law refers to as a “fetal heartbeat,” is identifiable around the sixth week of gestation, measured from the first day of the last menstrual period.
The law defines “detectable human heartbeat” as embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.1Justia Law. Georgia Code § 16-12-141 (2024) – Restrictions on the performance of abortions; availability of records; civil cause of action; affirmative defenses Physicians are required to test for this cardiac activity before an abortion can be performed, and they are prohibited from performing the procedure if such activity is present.
The legal journey of HB 481 involved multiple court battles. After being signed into law in 2019, it was blocked by a federal court. However, following the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, a federal appeals court allowed the law to take effect. While subsequent challenges in state courts have continued, the Georgia Supreme Court has allowed the ban to remain in effect during the ongoing litigation.2Justia Law. Georgia v. Sistersong Women of Color Reproductive Justice, et al.
Recognized Legal Exceptions
Georgia law provides specific exceptions that permit an abortion after the detection of fetal cardiac activity. One of these exceptions is for a “medical emergency.” This is defined as a situation where an abortion is necessary to avert the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function. This determination must be made by the physician and documented in the patient’s medical record.
Another exception applies in cases of rape or incest. An abortion may be performed up to 20 weeks of gestation if the pregnancy is the result of one of these crimes. To qualify for this exception, the individual must have filed an official police report documenting the offense.
The law also includes an exception for pregnancies diagnosed as “medically futile.” A pregnancy is deemed medically futile when a physician determines that the fetus has a lethal anomaly or a condition that is incompatible with sustaining life after birth. This allows for termination when the prognosis for the fetus is that it will not survive.
Mandatory Patient Procedures and Consents
Before an abortion can be performed in Georgia, the law mandates a specific informed consent process. At least 24 hours prior to the procedure, the physician must provide the patient with certain state-published materials. This information includes the gestational age of the fetus, a description of the abortion procedure, and the medical risks associated with both the abortion and carrying the pregnancy to term. The materials also discuss the potential for the fetus to feel pain and offer information on medical assistance for prenatal care and the father’s liability for child support.
This informed consent requirement is coupled with a mandatory 24-hour waiting period. After the patient receives the required information, they must wait a full day before the abortion can take place.3Justia Law. Georgia Code § 31-9A-3 (2022) – Voluntary and informed consent to abortion; availability of ultrasound This waiting period must be adhered to unless there is a documented medical emergency.
For individuals under the age of 18, Georgia law requires parental involvement. Before an abortion can be performed for a minor, the physician or their agent must provide at least 24 hours’ notice to one parent or legal guardian. If a minor cannot or does not wish to have a parent notified, they have the option of seeking a judicial bypass.4Justia Law. Georgia Code § 15-11-682 (2024) – Parental notification of abortion; hearing; venue This confidential court process allows a judge to waive the parental notification requirement if the judge determines the minor is mature enough to make the decision or that notifying a parent is not in her best interest.
Regulations for Abortion Providers and Clinics
The law imposes several regulations directly on the physicians and facilities that provide abortion services in Georgia. All abortions must be performed by a physician who is duly licensed to practice medicine in the state.
Medical facilities where abortions are performed, such as clinics and hospitals, are subject to state regulation and must meet specific health and safety standards. These establishments may be required to be certified or licensed by the Georgia Department of Community Health to ensure they are equipped to handle the procedure.
Furthermore, providers have a legal obligation to report specific data to the state. Physicians and facilities must submit reports to the Department of Public Health for each abortion performed.5Justia Law. Georgia Code § 16-12-141.1 (2024) – Disposal of aborted fetuses; reporting requirements; penalties; public report; confidentiality of identity of physicians filing reports These reports include aggregate data such as the number of procedures, the gestational age at the time of the abortion, the method used, and any complications. The patient’s personal identifying information is kept confidential to protect their privacy.
Legal Consequences for Violations
Individuals who perform an abortion in violation of Georgia’s law face legal penalties. Under HB 481, performing an unlawful abortion is a felony offense, and a conviction can result in a prison sentence of one to ten years.6Justia Law. Georgia Code § 16-12-140 (2024) – Criminal abortion A physician who violates the law can also face professional sanctions, including the suspension or revocation of their medical license by the Georgia Composite Medical Board. Financial penalties for non-compliance can also be substantial.
These consequences are aimed squarely at the provider of the abortion. Georgia law explicitly protects the pregnant individual from prosecution, stating that a woman who receives an abortion that violates the statute cannot be held criminally liable for that act.