HB237 Alabama 2021 Session

Summary

Primary Sponsor

Ginny ShaverRepresentative

Republican

Co-Sponsors

Wes AllenAlan BakerChip BrownTracy EstesJamie KielWes KitchensNathaniel LedbetterRhett MarquesCharlotte MeadowsParker MooreEd OliverProncey RobertsonMatt SimpsonAndrew SorrellJeff SorrellsScott StadthagenMargie Wilcox

Session

Regular Session 2021

Title

Abortion, physicians, duty of care owed to babies born alive after failed abortion, criminal penalties, definitions further provided

Summary

Gianna's Law requires physicians to preserve the life of babies born alive after abortion and creates a felony for failing to do so, with defining terms and enforcement provisions.

What This Bill Does

It defines terms like born alive, abortion, and abortion center; it requires the abortion physician to provide the same standard of care to a child born alive as any other child at the same gestational age. A physician who fails to preserve life or health faces a Class A felony with at least 20 years in prison and a minimum $100,000 fine. The Attorney General can enforce this, fines go to the General Fund, and the requirements apply only to physicians who perform abortions in abortion centers; women are not liable, and others who know of non-compliance must report it (confidentiality preserved). The act becomes law three months after passage, and it is designed to not create new local funding beyond what the constitution allows.

Who It Affects

• Physicians who perform abortions in Alabama abortion or reproductive health centers must follow the new standard and risk felony penalties if they fail to preserve a born-alive child.
• Babies born alive after abortion in abortion centers and their families have the same rights and medical care as other children born alive, with enforcement mechanisms and penalties for non-compliance.

Key Provisions

• Creates Gianna's Law and defines key terms (abortion, born alive, abortion center, etc.).
• Requires the physician to exercise the same degree of professional skill, care, and diligence to preserve life and health of a child born alive as for any other child born alive at the same gestational age; failure subjects the physician to a Class A felony (minimum 20 years in prison and $100,000 fine).
• Authorizes the Attorney General to enforce the law; fines go to the General Fund.
• Women on whom an abortion is performed are not liable; reporting by others with confidential reporting.
• Limits application to physicians performing abortions in abortion centers and clarifies this does not alter existing medical liability laws; excludes the local-funding requirements under Amendment 621; effective three months after passage.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Abortion