HB598: HB598 Reproductive Freedom Act; enact

Georgia currently bans most abortions and requires steps such as a 24-hour waiting period and parental notification before a minor's abortion. HB598 would repeal the state's criminal abortion statute (O.C.G.A. § 16-12-141 and related sections), the 'Woman's Right to Know Act,' and the law on physicians' obligations before performing abortions. In their place, it enacts a new 'Reproductive Freedom Act' (O.C.G.A. Chapter 9A of Title 31) declaring that every pregnant individual has a fundamental right to continue or end a pregnancy and to choose or refuse contraception or sterilization, and that a fetus does not have independent legal rights. The bill also changes the legal definition of 'natural person' so an unborn child is no longer automatically included, while still counting an unborn child with a detectable heartbeat for tax dependent status and population counts. It repeals the ban on insurance coverage of abortion, requires Medicaid to pay for abortion services, adds exceptions to parental notification when notifying a parent could harm the minor, and allows lawsuits for injunctive relief and attorney's fees against officials who violate the new law.

• Repeals Georgia's criminal abortion statute (O.C.G.A. § 16-12-141 and related sections in Title 16) and designates that article as reserved.
• Repeals the 'Woman's Right to Know Act' and replaces it with a new Reproductive Freedom Act declaring abortion and contraception access as fundamental rights.
• Adds exceptions to the Parental Notification Act so a healthcare professional does not have to notify a parent if doing so could cause the minor physical or emotional harm.
• Removes the state ban on insurance coverage of abortion in qualified health plans and in the state employees' health benefit plan.
• Requires the Department of Community Health to pay for abortion and abortion-related services for all Medicaid recipients.
• Revises the legal definition of 'natural person' so an unborn child is not automatically included, while still counting an unborn child with a detectable heartbeat for tax dependent status and population-based determinations.

Pregnant Georgians and their healthcare providers, including physicians, advanced practice registered nurses, and physician assistants; unemancipated minors seeking abortions and their parents or guardians; state and local law enforcement and courts; insurance companies and health plans; the Department of Community Health and Medicaid recipients; and state employees covered by the state health benefit plan.

If enacted, abortion would no longer be a crime in Georgia, and providers could perform abortions without the current waiting-period and disclosure requirements. Medicaid and private insurance could cover abortion costs, and minors could sometimes avoid parental notification, changing access and cost for many Georgians seeking reproductive care.

• Section 1 and 2 state the General Assembly's intent to recognize a fundamental right to reproductive freedom and name the measure the 'Reproductive Freedom Act.'
• Section 3 revises O.C.G.A. § 1-2-1 so 'natural person' no longer automatically includes an unborn child, but keeps unborn children with a detectable heartbeat in population counts.
• Sections 4-6 amend the Parental Notification Act (O.C.G.A. §§ 15-11-681, 15-11-682) to add a health-and-safety exception letting providers skip parental notice when it could cause the minor harm.
• Section 7 repeals Article 5 of Chapter 12, Title 16, Georgia's criminal abortion law, and marks it reserved.
• Section 16 repeals the 'Woman's Right to Know Act' and enacts new O.C.G.A. Chapter 9A of Title 31, establishing fundamental rights to abortion and contraception, barring arrests for obtaining or aiding an abortion, and allowing civil suits for injunctive relief and attorney's fees against violators.
• Section 20 repeals the ban on qualified health plans covering abortion (O.C.G.A. § 33-24-59.17).
• Section 26 amends the state income tax dependent definition (O.C.G.A. § 48-7-26) so an unborn child with a detectable heartbeat still counts as a dependent minor.
• Section 27 adds O.C.G.A. § 49-4-156.2, requiring the Department of Community Health to cover abortion and related services for Medicaid recipients.

1. 2025-02-27House Second Readers (House)
2. 2025-02-26House First Readers (House)
3. 2025-02-24House Hopper (House)

• Shea Roberts (D, HD-052)Primary sponsor
• Tanya Miller (D, HD-062)
• Dar'shun Kendrick (D, HD-095)
• Kim Schofield (D, HD-063)
• Stacey Evans (D, HD-057)
• Lisa Campbell (D, HD-035)

• abortion law
• reproductive rights
• parental notification
• Medicaid coverage
• insurance coverage of abortion