Georgia’s abortion laws have undergone significant changes. These regulations affect when an abortion can be performed, who is authorized to perform it, and the circumstances for exceptions. This article explains the key components of Georgia’s current abortion law, detailing the procedures, requirements, and potential consequences.
Legal Timeframes for Procedures
Georgia’s primary abortion legislation is House Bill 481, the Living Infants Fairness and Equality (LIFE) Act.1Office of the Governor, State of Georgia. HB 481 Signed Legislation (LIFE Act) This law establishes a point in pregnancy after which abortions are prohibited.
Current Georgia law prohibits an abortion once embryonic or fetal cardiac activity, often referred to as a detectable human heartbeat, is present.2Justia Law. Georgia Code § 31-9B-3 – Determination of Presence of Embryo or Fetus With Human Heartbeat (2020) Physicians must determine if this cardiac activity is present before performing an abortion, using methods like an obstetric ultrasound. Cardiac activity can be detected around six weeks of gestation, though this varies. The legal timeframe for an abortion in Georgia is limited to the period before such cardiac activity is detected, unless specific exceptions apply. The physician must record their determination, the method used, and the estimated gestational age in the woman’s medical record.3FindLaw. Georgia Code § 31-9B-2 – Determination of Gestational Age; Records
Required Counseling
Georgia law requires mandatory counseling before an abortion, detailed in the Woman’s Right to Know Act.4Justia Law. Georgia Code Title 31, Chapter 9A – Woman’s Right to Know Act (2024)
At least 24 hours before an abortion, the physician must provide specific information. This includes details about the planned procedure, its medical risks, reasonable alternatives, the probable gestational age, and the medical risks of carrying the pregnancy to term.
Individuals must also be informed about state-prepared written materials from the Georgia Department of Public Health. These materials include descriptions of the unborn child at various developmental stages, information regarding the potential for the unborn child to experience pain, and a list of agencies offering alternatives to abortion.5Georgia Department of Public Health. Woman’s Right to Know Booklet (Updated Aug 2022)
The patient must be told the name of the physician performing the abortion. They must also be informed about potential medical assistance benefits for prenatal care, childbirth, and neonatal care, and that the father is legally liable for child support. The individual must be offered the opportunity to view the obstetric ultrasound images and receive a verbal explanation.
To confirm these requirements, the patient must certify in writing before the abortion that she has received all mandated information and been offered the chance to review state materials and view the ultrasound. This counseling and the 24-hour waiting period are required to legally obtain an abortion.
Provider Qualifications
In Georgia, abortions must be performed by a physician licensed by the Georgia Composite Medical Board.6Justia Law. Georgia Code § 16-12-141 – Restrictions on the Performance of Abortions (2024) This requirement applies to all abortion procedures.
Exceptions
Georgia law restricts abortions after the detection of embryonic or fetal cardiac activity, but the LIFE Act outlines specific exceptions.
A medical emergency is one exception. An abortion is allowed if a physician determines it is necessary to prevent the woman’s death or to avert a serious risk of substantial and irreversible physical impairment of a major bodily function, excluding psychological or emotional conditions. The physician must document this necessity.
Another exception is for a medically futile pregnancy. This is when, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly incompatible with sustaining life after birth. The physician must document this determination.
The law also allows an exception for pregnancies resulting from rape or incest after detectable cardiac activity. This requires an official police report to be filed and is limited to pregnancies not exceeding 20 weeks of gestation.7FindLaw. Georgia Code § 16-12-141 – Restrictions on the Performance of Abortions The physician must obtain and keep a copy of the police report. Medical professionals must meet all specified criteria and documentation requirements for these exceptions.
Reporting Requirements
Georgia law requires medical facilities performing abortions to report data on these procedures.
Each facility must submit a monthly report to the Department of Public Health for every abortion.8Justia Law. Georgia Code § 31-9A-6 – Reporting Requirements (2022) Required data points include:
- Patient demographics such as age, race, marital status, and residence.
- Obstetric history, including previous pregnancies and prior abortions.
- Details of the current pregnancy and procedure, like estimated gestation, date of abortion, and how gestational age was determined.
- Whether an ultrasound was used to determine gestational age.
- Payment source.
- Any resulting complications.
These reports are for statistical purposes and must not contain the patient’s name or other personal identifying information. The Department of Public Health uses this data to prepare an annual statistical report.
Penalties for Non-Compliance
Violating Georgia’s abortion laws can lead to serious legal consequences for medical practitioners and others, ranging from professional sanctions to criminal charges.
Performing an abortion illegally, such as by someone other than a licensed physician or in violation of location rules for later-term procedures, can result in felony charges and imprisonment for one to ten years.9Justia Law. Georgia Code § 16-12-140 – Criminal Abortion (2024)
Violations of the LIFE Act, like performing an abortion after a detectable heartbeat without a valid legal exception, can also lead to felony charges for criminal abortion, punishable by one to ten years of imprisonment.
Failing to comply with informed consent rules, such as not providing mandated information or observing the 24-hour waiting period, can result in disciplinary action by the Georgia Composite Medical Board, including license suspension or revocation. Such failures may also be considered unprofessional conduct and lead to civil liability.