Voluntary and Informed Consent to Abortion; Availability of Ultrasound

  1. Law
  2. Georgia Code
  3. Health
  4. Woman's Right to Know
  5. Voluntary and Informed Consent to Abortion; Availability of Ultrasound

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No abortion shall be performed in this state except with the voluntary and informed consent of the female upon whom the abortion is to be performed. Notwithstanding any provision of law to the contrary, except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:

  1. The female is told the following, by telephone or in person, by the physician who is to perform the abortion, by a qualified agent of the physician who is to perform the abortion, by a qualified agent of a referring physician, or by a referring physician, at least 24 hours before the abortion:
    1. The particular medical risks to the individual patient associated with the particular abortion procedure to be employed, when medically accurate;
    2. The probable gestational age and presence of a detectable human heartbeat, as such term is defined in Code Section 1-2-1, of an unborn child at the time the abortion would be performed; and
    3. The medical risks associated with carrying an unborn child to term.

      The information required by this paragraph may be provided by telephone without conducting a physical examination or tests of the patient, in which case the information required to be provided may be based on facts supplied to the physician by the female and whatever other relevant information is reasonably available to the physician.Such information may not be provided by a tape recording but must be provided during a consultation in which the physician or a qualified agent of the physician is able to ask questions of the female and the female is able to ask questions of the physician or the physician's qualified agent.If in the medical judgment of the physician any physical examination, tests, or other information subsequently provided to the physician requires a revision of the information previously supplied to the patient, that revised information shall be communicated to the patient prior to the performance of the abortion.Nothing in this Code section may be construed to preclude provision of required information in a language understood by the patient through a translator;

  2. The female is informed, by telephone or in person, by the physician who is to perform the abortion, by a referring physician, or by a qualified agent of the physician who is to perform the abortion at least 24 hours before the abortion:
    1. That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;
    2. That the father will be liable pursuant to subsection (a) of Code Section 19-7-49 to assist in the support of her child;
    3. How to obtain a list of health care providers, facilities, and clinics that offer to perform ultrasounds free of charge; such list shall be arranged geographically and shall include the name, address, hours of operation, and telephone number of each listed entity; and
    4. That she has the right to review the printed materials described in Code Section 31-9A-4 and that these materials are available on a state sponsored website at a stated website address. The physician or the physician's qualified agent shall orally inform the female that materials have been provided by the State of Georgia and that they describe the unborn child, list agencies that offer alternatives to abortion, and contain information on fetal pain. If the female chooses to view the materials other than on the website, they shall either be given to her at least 24 hours before the abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery to addressee.

      The information required by this paragraph may be provided by a tape recording if provision is made to record or otherwise register specifically whether the female does or does not choose to review the printed materials other than on the website;

  3. The female certifies in writing, prior to the abortion, that the information described in paragraphs (1) and (2) of this Code section has been furnished her and that she has been informed of her opportunity to review the information referred to in subparagraph (D) of paragraph (2) of this Code section;
  4. For all cases in which an ultrasound is performed prior to conducting an abortion or a pre-abortion screen:
    1. The woman shall at the conclusion of the ultrasound be offered the opportunity to view the fetal image and hear the fetal heartbeat. The active ultrasound image shall be of a quality consistent with standard medical practice in the community, contain the dimensions of the unborn child, and accurately portray the presence of external members and internal organs, including but not limited to the heartbeat, if present or viewable, of the unborn child. The auscultation of fetal heart tone shall be of a quality consistent with standard medical practice in the community; and
    2. At the conclusion of these actions and prior to the abortion, the female certifies in writing that:
      1. She was provided the opportunity described in subparagraph (A) of this paragraph;
      2. Whether or not she elected to view the sonogram; and
      3. Whether or not she elected to listen to the fetal heartbeat, if present; and
  5. Prior to the performance of the abortion, the physician who is to perform the abortion or the physician's qualified agent receives a copy of the written certifications prescribed by paragraphs (3) and (4) of this Code section and retains them on file with the female's medical record for at least three years following the date of receipt.

(Code 1981, §31-9A-3, enacted by Ga. L. 2005, p. 1450, § 6/HB 197; Ga. L. 2007, p. 299, § 3/HB 147; Ga. L. 2019, p. 711, § 7/HB 481.)

The 2019 amendment, effective January 1, 2020, substituted "an unborn child" for "the unborn child" in subparagraphs (1)(B) and (1)(C); and inserted "and presence of a detectable human heartbeat, as such term is defined in Code Section 1-2-1," in subparagraph (1)(B).

Editor's notes.

- Ga. L. 2007, p. 299, § 1/HB 147, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Woman's Ultrasound Right to Know Act.'"

Ga. L. 2007, p. 299, § 2/HB 147, not codified by the General Assembly, provides: "(a) The General Assembly finds that:

"(1) It is essential to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on the reality and status of her pregnancy and of her unborn child;

"(2) The decision to abort 'is an important and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences.' Planned Parenthood v. Danforth , 428 U.S. 52, 67 (1976); and

"(3) The knowledgeable exercise of a woman's decision to have an abortion depends on the extent to which the woman receives sufficient information to make an informed choice between two alternatives: giving birth or having an abortion.

"(b) Based on the findings in subsection (a) of this section, it is the purpose of this Act to:

"(1) Ensure that every woman considering an abortion receive complete information on the reality and status of her pregnancy and of her unborn child and that every woman submitting to an abortion do so only after giving her voluntary and informed consent to the abortion procedure;

"(2) Protect unborn children from a woman's uninformed decision to have an abortion;

"(3) Reduce 'the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed' Planned Parenthood v. Casey , 505 U.S. 833, 882 (1992); and

"(4) Adopt the construction of the term 'medical emergency' accepted by the United States Supreme Court in Planned Parenthood v. Casey , 505 U.S. 833 (1992)."

Ga. L. 2007, p. 299, § 7/HB 147, not codified by the General Assembly, provides: "Nothing in this Act shall be construed as creating or recognizing a right to abortion. It is not the intention of this Act to make lawful an abortion that is currently unlawful."

Ga. L. 2007, p. 299, § 8/HB 147, not codified by the General Assembly, provides for severability.

Ga. L. 2019, p. 711, § 1/HB 481, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Living Infants Fairness and Equality (LIFE) Act.'"

Ga. L. 2019, p. 711, § 2/HB 481, not codified by the General Assembly, provides: "The General Assembly of Georgia makes the following findings:"

"(1) In the founding of the United States of America, the State of Georgia and the several states affirmed that: 'We hold these Truths to be self evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness - that to secure these Rights, Governments are instituted among men;'

"(2) To protect the fundamental rights of all persons, and specifically to protect the fundamental rights of particular classes of persons who had not previously been recognized under law, the 14th Amendment to the United States Constitution was ratified, providing that, 'nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws';

"(3) Modern medical science, not available decades ago, demonstrates that unborn children are a class of living, distinct persons and more expansive state recognition of unborn children as persons did not exist when Planned Parenthood v. Casey (1992) and Roe v. Wade (1973) established abortion related precedents;

"(4) The State of Georgia, applying reasoned judgment to the full body of modern medical science, recognizes the benefits of providing full legal recognition to an unborn child above the minimum requirements of federal law;

"(5) Article I, Section I, Paragraphs I and II of the Constitution of the State of Georgia affirm that '[n]o person shall be deprived of life, liberty, or property except by due process of law'; and that '[p]rotection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws'; and

"(6) It shall be the policy of the State of Georgia to recognize unborn children as natural persons."

Ga. L. 2019, p. 711, § 13/HB 481, not codified by the General Assembly, provides: "Any citizen of this state shall have standing and the right to intervene and defend in any action challenging the constitutionality of any portion of this Act."

Ga. L. 2019, p. 711, § 14/HB 481, not codified by the General Assembly, provides: "All provisions of this Act shall be severable in accordance with Code Section 1-1-3."

Law reviews.

- For article, "Crimes and Offenses," see 27 Ga. St. U. L. Rev. 209 (2011). For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 155 (2019). For note on 2007 amendment of this Code section, see 24 Ga. St. U. L. Rev. 161 (2007).


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