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Is Abortion Legal in Alabama? 12 Important Facts You Must Know

Do you want to know if is abortion legal in Alabama? You can check out this article to find out your answer!

Abortion is probably one of those topics you either favor or are extremely against; there’s no in-between opinion on it, and the state of Alabama also has an opinion on it like every other state in the United States of America. 

Well, the answer is no, abortion is not legal in Alabama not even in rape or incest cases, but not when there’s a serious health risk to the woman carrying the fetus.

2. Alabama Abortion laws

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Photo by Scott Graham/UnsplashCopyright.2023

Alabama laws are probably the strictest ones when compared to other states. Alabama prohibits abortion in all cases whether it is rape or insect. Abortion is only allowed when the health of the unborn child’s mother is at high risk which is to be closely defined.

All abortions after conception which means the fertilization of the egg are illegal. This includes both in-office procedures as well as at-home procedures. Not only that, but healthcare givers are also not even allowed to prescribe medication physically or telephonically for abortion.

The person providing any sort of abortion service is charged with felonies like:

  1. Attempting an abortion is considered a Class C felony, punishable by up to 1-10 years in prison.
  2. Committing an abortion is considered a Class A felony, punishable by up to 99 years in prison.

So, before deciding in a hurry, take a minute and think whether it is worth the trouble of going to a different state to get an abortion.

3. What is the Human life protection act?

The Human Life Protection act, also known as House Bill 314 (HB 314), and the Alabama Abortion ban was passed on May 15, 2019, which states a total ban on abortion in the state. Under this act, any doctor who performs an abortion procedure in the state of Alabama is to be guilty of a Class A felony and can spend his/her whole life in prison.

Many amendments were imposed to make this an exception for cases such as rape and incest, but they were all declined.

This act was highly opposed by the Democrats and activists all over the state.

Many legal challenges were brought by abortion rights activists, it was stated that this act violated a person’s right to privacy and to make choices for one’s life and autonomy. It minimizes a woman’s control over her sexual and reproductive health.

It straight up defies the United States Constitutional right. But right after the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, this law was put into effect.

It was stated on November 6, 2018, that the aftermath of this overturns is that according to Alabama’s constitution, the right to abortion is illegal, Making Alabama come under the umbrella of the numerous states that have changed its law.

4. Is the woman penalized for getting an abortion?

No, the woman is not penalized for getting an abortion. The person providing abortion services is penalized for it accordingly. If she tries to do it on her own, then no crime is to be committed but from where she got the drug to do that would be located and then be penalized.

There is no criminal or civil liability held against the woman who is receiving the abortion but on the abortion providers.

Hence, the woman in no case would be found guilty, but the people who provided her with the abortion services would be.

5. What does the bill say about Plan B pills?

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Photo by Reproductive Health Supplies Coalition / UnsplashCopyright.2023

It is not illegal to consume a Plan B pill as it is not killing the implanted egg and the fertilized egg rather it does not let it implant inside the uterus hence it is not abortion by the definition.

No, miscarriage is legal in Alabama, and it does not come under the Human life protection act.

7. Does in Vitro fertilization come under this law?

No, in Vitro fertilization is not a part of this law as the intentional attempt to remove a fertilized egg from the uterine wall is not there, making it legal.

The problem comes when the fertilized egg is removed from the uterine wall. Hence, the first stages of Vitro fertilization are not considered prohibited abortion.

8. Will this law give rise to back-alley abortions?

This was a concern of many people who opposed the Alabama law. The number of back-alley abortions would increase so those women should get it done in a professional setting where the chances of them having health risks are minor.

But the easy answer to this statement is that the punishment for this offense is a Class A Felony, which means if caught the punishment is not just a fine but prison which is taken a whole lot seriously.

In conclusion, the chances of back-alley abortions would decrease as the law is a deterrent one and strict action is to be taken if it is violated.

9. Was the law celebrated?

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Photo by Gayatri Malhotra/UnsplashCopyright.2023

As with any law, this one was also celebrated by many and was protested by many as well. In Alabama, 59% of the citizens were in favor of the illegality of abortion and saving the rights of the unborn.

But this was protested by many people all over the country. After Roe v Wade, many states changed their abortion law which was not celebrated all over the county.

10. Health risks of abortion

There are many health risks involved in abortion. The aftermaths and the aftercare that abortion requires are of good amount. It takes a toll on a woman’s body as before the procedure even begins the woman has to take loads of medicines. You have to complete all the doses prescribed without fail.

There can be heavy non-stop bleeding after the procedure, a feeling of nausea, infection, fever, and allergic reaction to the medicines.

The signs of an infection are an unpleasant odor from the vagina and a fever lasting more than 24 or 48 hours.

11. What can pregnant women do in Alabama?

As someone who is going to be carrying a child for almost about 9 months, you might have some doubts and questions about it and to get those women often go to another state to get an abortion and answers to those questions. Well, if you are planning to do so, consider a few things; like

Get professional counseling

Before deciding what to do and where to go, talk it out with a professional and get knowledge about abortion as a process and how it can affect a woman’s health. You can also find some alternate options and widen your choices even if provided are still limited ones.

Get an ultrasound

Getting an ultrasound done is a great way to know how far along are you, which will eventually help you to get a better idea of your situation and you will be able to choose the best options legally available.

Even if you go try to find abortion clinics in a different state, those states might also have some restrictions like they might not do the procedure in a certain gestation age; Hence going to a different state would not help you with your situation.

12. Help pregnant women

Being pregnant in Alabama can make a woman feel that she has very limited options with her and that no help is provided, but that is not true. Many programs provide resources to women in need.

Here are some resources available to you:

1. Medicaid

It is an innovation that provides maternity services. It can help you with medical expenses and cover the cost related to birth and prenatal care. It also provides you with educational knowledge and helps guide you to more programs that can provide help.

2. WIC (Women’s, Infants, and Children’s program)

This program helps you with providing nutritional food, diapers, and education about different phases that come like being pregnant, breastfeeding, or postpartum. Your child can get these benefits till he or she is at age of 5.

3. Free services at Women’s care Medical Center

The center provides free pregnancy testing, ultrasounds, and STD testing. They also provide pre-abortion screenings that cover the counseling required by the state and many answers regarding abortion adoption, or parenting.

4. Health Insurance at low-cost

If your income is high to get Medicaid, then your child may still qualify for free or reduced health insurance.

Conclusion

Abortion, whatever the cause of pregnancy and whatever your age is legal. It is not only a legal but an ethical debate as well. When did the concept of consent become so little that women are not allowed to abort in a rape incident?

You can also know about abortion laws in states like Virginia and California.

But whatever your opinion is on abortion, the law stands that abortion is illegal in the state of Alabama and the only exception is if the woman carrying the fetus is at a serious health risk; not even in rape or incest is abortion an option.

 

 

 

 

 

 

 

 

Last Updated on March 11, 2023 by Gourvi gupta