HB 481 - Heartbeat Bill

Authors

Michael G. Foo, Georgia State University College of LawFollow
Taylor L. Lin, Georgia State University College of LawFollow

Document Type

Peach Sheet

Abstract

The Act adds an unborn child with a detectable human heartbeat to the definition of a natural person and includes such unborn child in state population counts. The Act defines abortion, prescribes when abortions may be performed, provides exceptions to abortion performance limitations, establishes requirements for performing an abortion, and provides for a right of action, damages, and affirmative defenses. The Act permits alimony and child support payments starting when an unborn child has a detectable human heartbeat. Parents have the right to recover the full value of a child’s life when a detectable human heartbeat exists. The Act requires that women seeking an abortion be advised that a detectable human heartbeat exists, provides for certain notices to the woman, and repeals certain penalties. The Act requires physicians who perform abortions to determine the presence of a detectable human heartbeat before performing an abortion and requires physicians to report certain information concerning such abortions. The Act considers an unborn child with a detectable human heartbeat a dependent minor for income tax purposes. The Act also provides for legislative findings and provides standing to intervene and defend constitutional challenges to the Act. The Act provides a short title, provides for severability of claims, provides an effective date, and repeals conflicting laws.

Recommended Citation

Michael G. Foo & Taylor L. Lin, HB 481 - Heartbeat Bill, 36 Ga. St. U. L. Rev. 155 (2019).
Available at: https://readingroom.law.gsu.edu/gsulr/vol36/iss1/10