State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Georgia prohibits abortion once embryonic or fetal cardiac activity is detectable, at roughly 6 weeks LMP, with narrow exceptions; the ban is currently enforced while the Georgia Supreme Court's February 2025 remand for standing reconsideration proceeds.
O.C.G.A. § 16-12-141(b) · SisterSong Women of Color Reprod. Just. Collective v. State, No. 2022CV367796 (Fulton Cty. Super. Ct. Sept. 30, 2024), vacated and remanded, Ga. Sup. Ct. (Feb. 20, 2025) · O.C.G.A. § 16-12-141(a)(2)
Georgia's legal treatment of fetal personhood contains deep and unresolved internal contradictions. The LIFE Act simultaneously (1) defines 'natural person' to include 'an unborn child at any stage of development who is carried in the womb' (O.C.G.A. § 1-2-1), placing this definition in the General Provisions for application across the entire Code; (2) prohibits abortion only after a detectable heartbeat, explicitly permitting it before that point; and (3) provides that the pregnant woman may not be prosecuted for feticide (§ 16-5-80(f)) and, under pre-LIFE Act case law (Hillman v.
O.C.G.A. § 16-5-80(b) · O.C.G.A. § 16-5-80(f) · O.C.G.A. § 1-2-1(b), (e)(2)
Georgia requires 24 hours' notice to a parent or guardian before performing an abortion on an unemancipated minor, with a judicial bypass option available.
Georgia has no statute requiring a spouse's consent or notice, or the biological father's consent or notice, before a pregnant person may obtain an abortion.
| Actor | Offense | Penalty |
|---|---|---|
| Physician (performing unlawful abortion) | Criminal abortion (O.C.G.A. § 16-12-140) | 1-10 years imprisonment; administrative sanctions including license revocation under § 31-9B-2(b); civil liability to woman under § 16-12-141(g) |
| Anyone performing partial-birth abortion | Partial-birth abortion (O.C.G.A. § 16-12-144) | Up to 5 years imprisonment, fine up to $5,000, or both; civil action by father/maternal grandparents for money damages plus statutory damages of 3x procedure cost |
| Pregnant woman | Exempt from criminal abortion prosecution under Hillman v. | No criminal penalty under current judicial interpretation, but post-LIFE Act ambiguity exists; woman faces no civil liability |
| Accomplices/helpers (partner, family, friends, abortion funds, clinic staff) | Party to crime of criminal abortion (O.C.G.A. § 16-2-20); criminal solicitation (O.C.G.A. § 16-4-7); conspiracy (O.C.G.A. § 16-4-8); attempt (O.C.G.A. | For party to crime: same as principal (1-10 years). Solicitation: 1-3 years (or 1-5 if principal crime punishable by death/life). Conspiracy/attempt: up to half the maximum of completed crime (up to 5 years) |
| Non-physician prescriber (APRN, PA) | Criminal abortion (unauthorized practice); party-to-crime via O.C.G.A. § 16-2-20 | 1-10 years imprisonment if charged as principal or accomplice; professional license consequences |
SisterSong Women of Color Reprod. Just. Collective v. State of Georgia (on remand)
Litigation · Remanded by Georgia Supreme Court (Feb.
If the trial court finds standing and again strikes the ban as violating the Georgia Constitution's privacy right, the ban would be enjoined.
H.B. 441 (2025) — Total Abortion Ban and Criminalization
Legislation · Introduced 2025 session; heard in House committee March 2025; not yet passed
Would ban abortion from fertilization with no exceptions for rape or incest, would criminalize abortion as murder, and could subject pregnant women, doctors, and anyone assisting to homicide charges.
S.B. 15 / H.B. 75 (2025) — Georgia Reproductive Freedom Act
Legislation · Introduced 2025 session; referred to committee; not yet passed
Would repeal the LIFE Act's 6-week abortion ban and codify a statutory right to abortion in Georgia.
The operative prohibition: bans abortion after detectable cardiac activity with three narrow exceptions, defines key terms, imposes physician-only requirement, and authorizes civil remedy and health-records access for prosecutors.
Establishes the criminal offense of abortion performed in violation of § 16-12-141, punishable by 1-10 years imprisonment.
Defines 'natural person' to include 'an unborn child at any stage of development who is carried in the womb'; placed in General Provisions to apply Code-wide.
Imposes the 24-hour waiting period, state-scripted informed consent counseling, ultrasound availability requirement, and definition of abortion and medical emergency.
Requires physician to determine presence of detectable human heartbeat before any abortion; failure subjects physician to license revocation.
Generated from the structured legal focused deep-research record for GA (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Georgia survey. This document has not been reviewed by a lawyer and should not be used as legal advice.