HB23 Alabama 2022 Session

Summary

Primary Sponsor

Jamie KielRepresentative

Republican

Session

Regular Session 2022

Title

Abortion, prohibited, civil cause of action to enforce authorized against anyone who performs or aids and abets an abortion procedure

Summary

HB23 would ban abortions after a fetal heartbeat is detected in Alabama and allow private individuals to sue to enforce the ban, with damages and other remedies.

What This Bill Does

The bill prohibits physicians from performing abortions once a fetal heartbeat is detected (or if heartbeat testing hasn’t been performed) unless there is a medical emergency. It creates a private civil action that allows individuals who perform, induce, or aid an abortion (including paying for one) to sue for injunctive relief and at least $10,000 in damages per abortion, plus attorneys' fees. Enforcement is private only, not by the state, and the bill limits certain defenses and requires heartbeat testing and documentation; emergencies are allowed with appropriate notes.

Who It Affects

• Physicians and other abortion providers, who would be barred from performing abortions after a fetal heartbeat is detected (with an emergency exception) and who must document heartbeat testing and gestational age.
• People or entities who perform, induce, or aid an abortion (including those who pay for or reimburse abortion costs), who could be sued for damages and injunctive relief in private actions.
• Women and pregnant individuals seeking abortions, who would face stricter limits on abortion access once a heartbeat is detected and who would be affected by required testing and documentation.
• Insurance companies and others that help pay for abortions, who are potentially liable as aiders or abettors in private actions.
• State and local government, which would not enforce the act (private actions only) and would have sovereign immunity protections.

Key Provisions

• Prohibits abortion after a fetal heartbeat is detected or if heartbeat testing has not been performed, with exceptions for medical emergencies.
• Creates a private civil right of action permitting individuals who perform, induce, or aid an abortion (including funding it) to sue for injunctive relief and at least $10,000 in damages per abortion plus attorneys' fees.
• Defines terms (fetal heartbeat, gestational age, unborn child, physician) and requires standard medical practice in heartbeat testing.
• Requires physicians to determine heartbeat before abortion and to record gestational age, method used to estimate age, and test results in the medical record; establishes emergency exception with written notes.
• Prohibits enforcement by the state or public officials; enforces exclusively through private actions; provides sovereign immunity protections and clearly outlines venue and procedural rules.
• Allows certain affirmative defenses and sets out limitations and defenses related to standing, undue burden, and other constitutional considerations; includes severability and an effective date.

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