Georgia’s LIFE Act, the “Living Infants Fairness and Equality Act” was signed by Governor Kemp and will go into effect on Jan. 1, 2020.
The law defines a “natural person” as any human being, including an unborn child. The LIFE Act prohibits abortion if there is a detectable human heartbeat, which usually begins at around 6 weeks.
There are some exceptions such as a medical emergency (this does not include a mental or emotional condition in the pregnant woman), a medically futile pregnancy such as when the unborn child has a defect that is incompatible with sustaining life after birth, or in the case of rape or incest if the abortion occurs before 20 weeks and if an official police report alleging the offense of rape or incest is filed.
Unborn children are defined as natural persons and shall be included in state population determinations.
Any woman upon whom an abortion is performed in violation of this law may recover in a civil action all damages available under Georgia law for any torts.
For the homicide of an unborn child, there shall be some party entitled to recover the full value of the life of the child which shall begin at the point at which there is a detectable human heartbeat.
Georgia courts may impose on the father of an unborn child the direct medical and pregnancy related expenses of the mother of the unborn child.
The law reaffirms the 14th Amendment of the United States Constitution, providing that, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.”
It also celebrates the founding principles of the United States of America, affirming that: “We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness – that to secure these Rights, Governments are instituted among men.”
Mary Kay Bacallao