Although the 1972 Supreme Court decision in Roe v. Wade legalized abortion, states have legislated the procedure in many different ways, often imposing tough restrictions.
In the state of Georgia, abortion laws require parental consent to have an abortion (unless it's an emergency); parents must have 24-hour notice prior to a scheduled abortion; and so-called "partial birth" abortions are prohibited, unless the procedure is medically necessary to save the life of the mother.
Health Insurance and Abortion in Georgia
Health plans that will be offered in the state's health exchange under the Affordable Care Act can will only cover abortion when the woman's life is endangered or her health is severely compromised. Abortion is covered in insurance policies for public employees only in cases of life endangerment. Finally, public funding is available for abortion only in cases of life endangerment, rape or incest.
Learn more about Georgia abortion laws in the table below. See FindLaw's Abortion section for related articles and resources.
|Code Section||16-12-140 et seq.; 15-11-110 et seq.|
|Statutory Definition of Illegal Abortion||By administering medicine, drugs, or substance or using instrument with intent to procure miscarriage or abortion. Partial Birth Abortion: Unlawful except to save the mother's life when that life is physically endangered and no other medical procedure will suffice to save her life|
|Statutory Definition of Legal Abortion||After 1st trimester, must be performed in licensed hospital or health facility; after 2nd trimester, physician and 2 consulting physicians must certify it is necessary to preserve life or health of mother|
|Penalty for Unlawful Abortion||Imprisonment 1 to 10 years; partial birth abortion: $5000 and/or imprisonment for up to 5 yrs.|
|Consent Requirements||Except in medical emergency, written, informed consent of parent or guardian of unemancipated minor under the age of 18; parent must have 24-hour notice before scheduled abortion, unless waived or unless minor obtains judicial approval that minor is either mature enough to decide without parents' consent or parents' consent is not in best interests of the minor|
|Residency Requirements for Patients||-|
|Physician Licensing Requirements||First trimester: licensed M.D.; second trimester: licensed M.D. and licensed hospital or health facility|
Note: State laws surrounding abortion rules are constantly changing -- contact a Georgia attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
Georgia Abortion Laws: Related Resources
Speak to a Georgia Attorney to Learn More
Abortion laws confusing you? Not sure about the difference between federal and state laws? What about your rights under the ACA? All of these questions and more can be answered by a Georgia family law attorney in your area. If you want to learn more, considering meeting with an experienced attorney today.
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