Law Commons^™

Hb 481 - Heartbeat Bill, Michael G. Foo, Taylor L. Lin

Georgia State University Law Review

The Act adds an unborn child with a detectable human heartbeat to the definition of a natural person and includes such unborn child in state population counts. The Act defines abortion, prescribes when abortions may be performed, provides exceptions to abortion performance limitations, establishes requirements for performing an abortion, and provides for a right of action, damages, and affirmative defenses. The Act permits alimony and child support payments starting when an unborn child has a detectable human heartbeat. Parents have the right to recover the full value of a child’s life when a detectable human heartbeat exists. The Act requires …

Panel 1: Abortion And Gay Rights

Georgia State University Law Review

Moderator: Eric Segall

Panelists: Jonathan Adler, Pam Karlan, and Mark Tushnet

Public Health And Morals Abortion: Prohibit Partial-Birth Abortions; Define Partial-Birth Abortion; Provide For Criminal Sanctions Against One Performing Such Procedure; Provide For Exception To Exception To Criminal Sanctions When Such Procedure Is Necessary To Save Life Of Mother; Provide For Civil Remedy For Father And Maternal Grandparents, Subject To Certain Exceptions; Provide That Mother Is Not Subject To Criminal Sanctions For Violation Of This Code Section, James W. Standard Jr.

Georgia State University Law Review

The Act defines and prohibits partial-birth abortions. The Act subjects anyone who performs such an abortion and, thereby ends the life of a human fetus, to criminal liability. The Act excepts from prohibition a partial-birth abortion, which is performed and is necessary to save the life of the mother. The Act also provides that, subject to certain exceptions, the father and maternal grandparents have a civil cause of action when such an abortion is performed. The Act excludes the mother of the fetus from criminal liability under this Act for undergoing such an abortion.

Crimes And Offenses Buying Or Selling Human Body Parts: Include Fetal Tissue, B. Rowe

Georgia State University Law Review

The Act makes the buying or selling of a human fetus or any part of a human fetus a felony.

Courts Minors: Provide For Parental Notification Of Abortion, M. Borowski, K. Richardson

Georgia State University Law Review

The Act amends a 1987 law enjoined and found unconstitutional by a federal district court. The 1988 Act amends the 1987 law by deleting the provisions requiring an adult to accompany a minor seeking an abortion to the abortion facility, by providing alternative methods of verification of parental notification, and by changing certain provisions including those relating to confidentiality, jurisdiction, and the standard for granting judicial waiver.

Courts Minors: Provide For Parental Notification Of Abortion, M. Borowski

Georgia State University Law Review

The Act amends the code to grant juvenile courts jurisdiction over proceedings concerning a minor's right to waive notice to her parents of her abortion and adds a new article which requires the unemancipated minor seeking an abortion to be accompanied by an adult. The accompanying adult must either be her parent or guardian and sign an affidavit to that effect, or sign an affidavit that the parent has been notified about the abortion, or that there is no parent or legal guardian and that the person who stands in loco parentis for this minor has been notified. Further, the …