What the Alabama Abortion Law Means for You
There’s a lot of confusion out there about the Alabama abortion law. Many claim that it prevents women from getting treated for miscarriages and ectopic pregnancies. But, is that actually true?
If you’re facing an unplanned pregnancy, you need real facts. In today’s article, we’re exploring the Alabama abortion law and what it really means for miscarriage and ectopic pregnancy.
What is the Alabama Abortion Law?
Currently, abortion is illegal in Alabama. However, exceptions can be made when,“in reasonable medical judgment, the pregnant woman has a condition that so complicates her medical condition that it necessitates the termination of her pregnancy to avert her death or to avert serious risk of substantial physical impairment of a major bodily function.”[1]
Alabama abortion law makes a clear exception for life-threatening medical emergencies. So, what does that mean for miscarriage and ectopic pregnancy? Keep reading to learn more.
What is an Abortion?
The CDC defines abortion as “an intervention performed by a licensed clinician (for instance, a physician, nurse-midwife, nurse practitioner, physician assistant) within the limits of state regulations, that is intended to terminate a suspected or known ongoing intrauterine pregnancy and that does not result in a live birth.”[2]
The key thing to understand is that an abortion is a procedure that intentionally ends a viable pregnancy.[3]
What is a Viable Pregnancy?
A viable pregnancy means that the pregnancy is progressing properly, has a heartbeat, and is located inside the uterus.[4]
On the other hand, a nonviable pregnancy is a pregnancy that is no longer developing, does not have a heartbeat, and/or is located outside of the uterus. Common examples include miscarriages and ectopic pregnancies.[5]
Is a Miscarriage an Abortion?
Although miscarriages are sometimes called “spontaneous abortions”, they are not the same as an abortion procedure. The keyword is “spontaneous”.
A miscarriage is defined as the sudden loss of a pregnancy before the 20th week[6], whereas an abortion is a procedure that intentionally ends a pregnancy (as mentioned above). Your doctor can perform an ultrasound and blood test to confirm if you are experiencing a miscarriage. If that’s the case, you can move forward with surgical or medical treatment.
Surgical and medical treatment are not illegal in cases of miscarriage, which are nonviable. The difference is the intention of the procedures.
A doctor cannot perform a D&C or prescribe mifepristone and misoprostol to end a viable pregnancy. However, they can do so if the pregnancy has already ended on its own. If your doctor confirms that you have had a miscarriage, you will not be legally charged for receiving care for it in Alabama.
Surgical Treatment: D&C Procedure for Miscarriage
The main purpose of a dilation and curettage (D&C) is to remove whatever is inside the uterus.
During the procedure, the doctor will dilate the cervix (the narrow part of the uterus using medication or medical instruments. Next, they will use a surgical tool called a curette (which can be a sharp instrument or suction device) to remove the contents of the uterus.[7]
D&Cs are commonly associated with abortion, but they can also be used to treat other conditions, such as[8]:
Miscarriages
Molar pregnancies (a tumor that forms instead of a normal pregnancy)
Cervical polyps (noncancerous growths in the uterus)
Excessive bleeding
D&Cs are not illegal in any of these cases.
Medical Treatment: Mifepristone and Misoprostol for Miscarriage
The medications mifepristone and misoprostol are also used for both abortions and miscarriages. These two drugs are commonly referred to as the abortion pill, but are not illegal when used to treat miscarriage.
Mifepristone interferes with progesterone receptors and prevents the pregnancy from developing. Misoprostol causes the uterus to cramp and expel the pregnancy.[9] The two drugs are often used together because they have a higher rate of success. Using both also lowers the risk of needing surgery to complete the procedure, compared to misoprostol alone.[10] A prescription from a qualified provider is required to take them.[11]
What is an Ectopic Pregnancy?
An ectopic pregnancy occurs when a fertilized egg is implanted somewhere outside of the uterus, such as the abdominal cavity, on an ovary, or in the fallopian tubes (also known as tubal ectopic pregnancy). The egg can only grow for a short time before it causes a rupture.[12]
Unfortunately, an ectopic pregnancy can’t be carried to term, as the fertilized egg can’t survive outside of the uterus. For the pregnant woman, it is a life-threatening medical emergency that requires immediate care.[13]
How is an Ectopic Pregnancy Treated?
If the ectopic pregnancy is caught early and there’s no unstable bleeding, the doctor may prescribe a medication that will stop the fertilized egg from growing. From there, they will schedule follow-up appointments to monitor your hCG levels to ensure the pregnancy has ended.[14]
Ectopic pregnancies can also be treated surgically. If the fallopian tube has ruptured, a salpingectomy will be performed. In this procedure, both the ectopic pregnancy and the fallopian are removed. If the fallopian tube has not ruptured, a salpingostomy will be performed. In that case, the ectopic pregnancy is removed and the fallopian tube is left to heal on its own.[15]
Is Removing an Ectopic Pregnancy Considered Abortion?
An ectopic pregnancy removal is not considered an abortion. Like a miscarriage, it is nonviable. The treatment methods are not the same as abortion procedures. The CDC specifically states that ectopic pregnancy treatment is not included in its definition of abortion.[16]
If you are diagnosed with an ectopic pregnancy, you will not be legally charged for receiving care as it is a nonviable pregnancy.
Have Questions About Abortion? Get the Facts at HPRC
We get it—an unplanned pregnancy can leave you spiraling. You aren’t alone. HPRC provides free pregnancy tests, free ultrasounds, and a safe place to get the facts, so you can make a fully informed decision.
Give us a call at (256) 533-3526 or schedule an appointment online. All services are confidential and free of charge.
Please be aware that HPRC does not provide or refer for abortion services.
Sources
Fetal Viability and the Alabama Human Life Protection Act. Congressional Research Service. (2019, May 16). https://crsreports.congress.gov/product/pdf/LSB/LSB10299
CDC’s Abortion Surveillance System FAQS. Centers for Disease Control and Prevention. (2024, May 15). https://www.cdc.gov/reproductive-health/data-statistics/abortion-surveillance-system.html
U.S. National Library of Medicine. (2024, August 30). Abortion. MedlinePlus. https://medlineplus.gov/abortion.html
Fetal Pole. Cleveland Clinic. (2022, March 21). https://my.clevelandclinic.org/health/body/22546-fetal-pole
See source #4.
Miscarriage - Symptoms & Causes. Mayo Clinic. (2023, September 8). https://www.mayoclinic.org/diseases-conditions/pregnancy-loss-miscarriage/symptoms-causes/syc-20354298
Dilation and curettage. Mayo Clinic. (2023, November 7). https://www.mayoclinic.org/tests-procedures/dilation-and-curettage/about/pac-20384910
See source #7.
Cleveland Clinic. (2024). Medical Abortion. https://my.clevelandclinic.org/health/treatments/21899-medical-abortion
Miscarriage - Diagnosis & Treatment. Mayo Clinic. (2023, September 8). https://www.mayoclinic.org/diseases-conditions/pregnancy-loss-miscarriage/diagnosis-treatment/drc-20354304
Center for Drug Evaluation and Research. (2023, March 23). Mifeprex (Mifepristone). U.S. Food and Drug Administration. https://www.fda.gov/drugs/postmarket-drug-safety-information-patients-and-providers/mifeprex-mifepristone-information
Ectopic Pregnancy - Symptoms & Causes. Mayo Clinic. (2022, March 12). https://www.mayoclinic.org/diseases-conditions/ectopic-pregnancy/symptoms-causes/syc-20372088
See source #12.
Ectopic Pregnancy - Diagnosis & Treatment. Mayo Clinic. (2022, March 12). https://www.mayoclinic.org/diseases-conditions/ectopic-pregnancy/diagnosis-treatment/drc-20372093
See source #14.
See source #2.