16-12-144. Partial-birth abortions.

As used in this Code section, the term:#

1. (1)

   “Fetus” means the biological offspring of human parents.#

2. (2)

   “Partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living human fetus before ending the life of the fetus and completing the delivery.#

Any person who knowingly performs a partial-birth abortion and thereby ends the life of a human fetus shall, upon conviction thereof, be punished by a fine not to exceed $5,000.00, imprisonment for not more than five years, or both. This prohibition shall not apply to a partial-birth abortion that is necessary to save the life of the mother because her life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering condition caused by or arising from the pregnancy itself, provided that no other medical procedure will suffice to save the mother’s life.#

1. (1)

   The father of the fetus, and the maternal grandparents of the fetus if the mother has not attained the age of 18 years of age at the time of the abortion, may obtain appropriate relief in a civil action, unless the pregnancy resulted from the plaintiff’s criminal conduct or the plaintiff consented to the abortion.#

2. (2)

   Such relief shall include:#

   1. (A)

      Money damages for all injuries, psychological and physical, occasioned by the violation of this Code section; and#

   2. (B)

      Statutory damages equal to three times the cost of the partial-birth abortion.#

A woman upon whom a partial-birth abortion is performed may not be prosecuted under this Code section for violating this Code section or any provision thereof, or for conspiracy or for an attempt to violate this Code section or any provision thereof.#