Abortion in Alabama
Abortion in Alabama is illegal. Under section 26-23H-4 of the Code of Alabama in the U.S. state of Alabama, it is unlawful for an abortion to be performed unless it is deemed absolutely necessary in order to prevent a serious health risk to the pregnant woman. There are no exceptions for rape or incest.
Since 2014, multiple attempts were made to criminalize abortion any time after the detection of embryonic cardiac activity (commonly referred to as a 'fetal heartbeat'), which effectively banned any abortion beyond 21 days after fertilization. These attempts to criminalize abortion were unsuccessful largely due to the law's early deadline being perceived as an implicit violation of the right to abortion that was established by Roe v. Wade. When the US Supreme Court overturned the Roe v. Wade decision in 2022, it eliminated the previous legal protections offered at the federal level for abortions. The Human Life Protection Act was enacted as part of an unsuccessful attempt to challenge and overturn Roe. Until June 2022, the HLPA served as a trigger law, set to criminalize all abortion immediately should the Supreme Court overturn Roe v. Wade, such as in the leaked draft opinion regarding Dobbs v. Jackson Women's Health Organization. Upon the issuance of a final opinion in that case, the state successfully sought dissolution of an injunction against enforcement of the HLPA, and the law is currently in effect.
Abortion remains a divisive issue in Alabama (with a strong opposition to abortion rights in the very socially conservative state), with a 2014 survey by Pew Research Center concluding that 58% of surveyed adults in Alabama believe abortion should be illegal in most or all cases, and 37% indicating it should be legal. A strong correlation was observed between the opposition to abortion and conservative political views and deeply-held religious belief was a weaker predictor of opinions. As of 2021, only three abortion clinics existed in Alabama, down from 45 in 1982. The remaining three clinics were ordered to "immediately cease and desist operations" after the overturning of Roe v. Wade on June 24, 2022.