Alabama Code Title 26. Infants and Incompetents § 26-22-1

(a) The public policy of the State of Alabama is to protect life, born, and unborn.  This is particularly true concerning unborn life that is capable of living outside the womb.  The Legislature of the State of Alabama finds there are abortions being done in Alabama after the time of viability and in violation of its public policy.

(b) The Legislature specifically finds the following:

(1) Medical evidence shows there is a survival rate of babies born between ages 23 weeks to 29 weeks gestational age of 64 percent to 94 percent.

(2) In Webster v. Reproductive Health Services, 492 U.S. 499 (1989) , the United States Supreme Court determined that viability may occur as early as 23 to 24 weeks gestational age.  Also, the United States Supreme Court determined that requiring fetal viability testing at 20 weeks gestational age is constitutional, because there is up to a four week margin of error in determining gestational age.

(3) In the latest year of Alabama statistical reporting, 1994, there were reported to be 182 abortions performed at 20 or more weeks gestational age.  There were also 70 abortions performed where no gestational age was stated.

(c) Subject to life and health exceptions to the mother, it is the intent of the Legislature to ban abortions of any unborn child that is capable of living outside the womb.  To permit otherwise is a wanton disregard of human life.

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