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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.

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.

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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 Heartbeat Law.But what does the law do?Below is a look at Georgia House Bill 481, 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 ChildrenDefines "natural person" to include unborn childrenRecognizes unborn children with detectable heartbeat as persons for population countsDefines "detectable human heartbeat" as embryonic/fetal cardiac activityThe heartbeat is typically detectable around 6 weeks of gestation2. Abortion RestrictionsProhibits abortions after a detectable heartbeat except in specific cases:Medical emergencies threatening the mother's life/healthRape/incest (with police report) if under 20 weeksMedically futile pregnancies3. Legal Rights and ImplicationsAllows civil action recovery for women if an abortion is performed illegallyGrants unborn children with a heartbeat status as dependents for tax purposesAllows recovery for "full value of life" starting at detectable heartbeatLimits child support during pregnancy to medical/pregnancy expenses4. Medical RequirementsRequires physicians to check for a heartbeat before abortionMandates informing women of heartbeat presenceRequires abortions be performed by licensed physiciansSpecifies reporting requirements for physicians5. ImplementationGov. Brian Kemp signed the bill into law on May 7, 2019, for implementation effective Jan. 1, 2020Following legal challenges, it took effect on July 20, 2022, after the U.S. Supreme Court overturned Roe v. WadeThe Georgia Supreme Court reinstated the law in October 2024 after a metro Atlanta-based superior court judge ruled it was unconstitutional and could no longer be enforced

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?

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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