Pre-filed bill would create exceptions for Alabama’s abortion ban

State Representative Juandalynn Givan, D-Birmingham, pre-filed a bill on Tuesday that would create exceptions to the current abortion ban and alter the language surrounding abortions for health risks. 

Alabama is one of several states where abortion is nearly completely banned following the U.S. Supreme Court’s decision in 2022 that gave states control over abortion laws. Abortion is only allowed if the mother’s life is in serious danger, and there are currently no exceptions for rape or incest in the state.

Givan filed the same bill, HB90, during the 2024 legislative session, and Senator Vivian Davis Figures, D-Mobile, filed a similar bill, SB35, during the 2023 legislative session.

When Figures originally filed the bill in 2023, she said she knew it wouldn’t pass, but that bringing attention to the issue was the main goal. Now, Alabama legislators will look at these exceptions for the third time.

HB50 would allow for a woman to terminate a pregnancy resulting from cases of incest or rape. 

Before the 2024 legislative session, when announcing HB90, Givan said that it was time for a change.

“The last time I checked a biology textbook, it takes a woman and a man to make a baby. Men in Alabama need to be held to the same level of responsibility as women,” Givan said

If a man were to be found guilty of rape or incest that led to a pregnancy, the court will require him to cover all medical costs related to the pregnancy, possible complications and any abortion As a result, he would then have to undergo a vasectomy or castration.

These court cases would require a ruling within 48 hours of the petition being filed, excluding Saturdays, Sundays, and legal holidays.

If the father of an unborn child cannot pay the expenses, he can then ask the court for help. The court could grant this help if the father agrees to have a vasectomy and presents the court documentation. 

Currently, abortion is only allowed in Alabama to prevent death or to “avert serious risk of substantial physical impairment of a major bodily function.” This bill would alter the parameters for allowing abortion for medical reasons from simply preventing a serious health risk to preserving the health of the mother.