HB46 Alabama 2026 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

2026 Regular Session

Title

Abortion; authorized to preserve health of mother or if pregnancy result of rape or incest; man convicted of rape or incest required to pay for abortion and undergo vasectomy; mother of unborn child who undergoes abortion to preserve her health authorized to petition to require father of unborn child to pay for certain abortion costs; judge authorized to excuse father from payment if he undergoes vasectomy

Summary

HB46 would expand abortion access to preserve the health of the mother and in cases of rape or incest, while requiring the father in those cases to pay abortion-related costs and undergo a vasectomy or castration, with courts handling paternity and financial relief.

What This Bill Does

It authorizes abortions to preserve the health of the mother and in pregnancies resulting from rape or incest. It requires the father in rape/incest pregnancies to pay for the abortion and related costs and to undergo a vasectomy or castration, as determined by the court. It allows the mother to petition the circuit court to require the father to pay all medical expenses related to the pregnancy and abortion, and it enables the court to adjudicate paternity if disputed. It also enables the father to seek relief if he undergoes a vasectomy, with expedited court timelines for these matters.

Who It Affects

• Pregnant women (mothers) who may choose an abortion to preserve their health or in pregnancies from rape or incest, and who may petition for the father to pay medical expenses.
• Unborn child's fathers (including alleged or convicted offenders in rape/incest cases) who would be responsible for paying abortion-related medical expenses and may be required to undergo a vasectomy or castration, seek relief, or have paternity adjudicated.

Key Provisions

• Adds authorization for an abortion to preserve the health of the unborn child's mother and to allow abortion in pregnancies resulting from rape or incest.
• For pregnancies resulting from rape or incest, requires the father to pay all abortion-related medical expenses and to undergo a vasectomy or castration as determined by the court.
• Allows the mother to petition the circuit court to require the father to pay all medical expenses related to the pregnancy and abortion; authorizes the court to adjudicate paternity if disputed; establishes jurisdiction rules.
• Creates Section 26-23H-4.1 to allow the mother to seek payment for all pregnancy/abortion expenses and allows the father to seek relief if he undergoes a vasectomy; provides for paternity adjudication and venue rules; sets expedited timelines (e.g., 48-hour court ruling after filing, excluding weekends/holidays).
• Requires physician confirmation of a permitted abortion (in cases other than medical emergencies) by a second Alabama-licensed physician within 180 days, with the confirmation serving as prima facie evidence of a permitted abortion.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health