Explainer: What is Georgia's Heartbeat Abortion Law?
A brain-dead woman being kept on life support because she is pregnant has put a newfound spotlight on Georgia's abortion restrictions.
A brain-dead woman being kept on life support because she is pregnant has put a newfound spotlight on Georgia's abortion restrictions.
A brain-dead woman being kept on life support because she is pregnant has put a newfound spotlight on Georgia's abortion restrictions.
A brain-dead woman being kept on life support because she is pregnant has put a newfound spotlight on Georgia's Heartbeat Law.
But what does the law do?
Below is a look at , known as the LIFE Act.
The law fundamentally changed legal personhood in Georgia by recognizing unborn children with detectable heartbeats as persons under state law.
Key Points:
1. Definition and Recognition of Unborn Children
- Defines "natural person" to include unborn children
- Recognizes unborn children with detectable heartbeat as persons for population counts
- Defines "detectable human heartbeat" as embryonic/fetal cardiac activity
- The heartbeat is typically detectable around 6 weeks of gestation
2. Abortion Restrictions
- Prohibits abortions after a detectable heartbeat except in specific cases:
- Medical emergencies threatening the mother's life/health
- Rape/incest (with police report) if under 20 weeks
- Medically futile pregnancies
3. Legal Rights and Implications
- Allows civil action recovery for women if an abortion is performed illegally
- Grants unborn children with a heartbeat status as dependents for tax purposes
- Allows recovery for "full value of life" starting at detectable heartbeat
- Limits child support during pregnancy to medical/pregnancy expenses
4. Medical Requirements
- Requires physicians to check for a heartbeat before abortion
- Mandates informing women of heartbeat presence
- Requires abortions be performed by licensed physicians
- Specifies reporting requirements for physicians
5. Implementation
- Gov. Brian Kemp signed the bill into law on May 7, 2019, for implementation effective Jan. 1, 2020
- Following legal challenges, it took effect on July 20, 2022, after the U.S. Supreme Court overturned Roe v. Wade
- The Georgia Supreme Court in October 2024 after a metro Atlanta-based superior court judge ruled it was unconstitutional and could no longer be enforced