History. Code 1981, § 31-9A-6 , enacted by Ga. L. 2005, p. 1450, § 6/HB 197; Ga. L. 2007, p. 299, § 5/HB 147; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 5-14/HB 214.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2005, “Not later than September 7, 2005,” was substituted for “Within 120 days after this chapter first becomes effective,” in paragraph (b)(1).
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.
Law reviews.
For note on 2007 amendment of this Code section, see 24 Ga. St. U. L. Rev. 161 (2007).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).