HB39 Alabama 2010 Session

Summary

Primary Sponsor

Robert Bentley

Republican

Session

Regular Session 2010

Title

Abortion, consent, information required prior to procedure, Sec. 26-23A-4 am'd.

Summary

This bill would add new disclosures and procedures before an abortion in Alabama, including a 24-hour waiting period, ultrasound viewing, and expanded recordkeeping.

What This Bill Does

It amends the abortion consent requirements so, except in emergencies, a woman must receive detailed information at least 24 hours before the procedure. It requires printed materials (and the option to mail them) that cover resources, adoption, fetal development, risks and alternatives, and the father’s obligations, and it requires in-person explanations including the physician’s name and the nature of the procedure. It mandates an ultrasound before the abortion with a right to view it and to sign forms acknowledging receipt of information and viewing opportunities, and it allows the woman to view related videos. It also requires information about the fetus’s viability, gestational age, and life-preserving options if viable, plus anti-Rh information, and it mandates retention of records for at least four years while protecting the woman’s right not to be coerced into abortion.

Who It Affects

• Pregnant women seeking an abortion: must receive extensive information, view an ultrasound, and sign consent forms, with protections against coercion.
• Abortion providers and abortion facilities/physicians: must deliver the new disclosures, perform the ultrasound, maintain records, and ensure documentation is kept for at least four years.

Key Provisions

• Requires at least 24 hours' notice with in-person or mailed materials listing agencies, adoption options, development of the unborn child, risks of abortion and childbirth, father’s obligations, and alternatives; mailing may be arranged by telephone.
• Requires in-person disclosure of (a) the physician’s name; (b) that abortion ends the life of a living human being; (c) the proposed method, risks, and alternatives; (d) probable gestational age and characteristics of the unborn child; and (e) viability considerations and rights to preserve life if viable (including steps if born alive).
• Requires ultrasound before the abortion and a form acknowledging that the woman viewed the ultrasound (or was offered and rejected it); grants the right to view the video and ultrasound as described in another section.
• Requires disclosure about anti-Rh immune globulin therapy, its consequences if refused, and related costs.
• States the woman cannot be forced to have an abortion and may withhold or withdraw consent without affecting future care or benefits.
• Requires signed forms confirming receipt of information and consent; the abortion facility must retain the signed receipt, forms, and ultrasound in the woman’s medical file for at least four years.
• Effective date: takes effect on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Abortion