Abortion: A Woman's Right to Know

Home Page

During the 2007 legislative session the Woman’s Right To Know Act found at Georgia Code Title 31, Chapter 9A was amended to require that for all cases in which an ultrasound is performed prior to conducting an abortion or a pre-abortion screen, the woman must be offered the opportunity to view the ultrasound and listen to the fetal heart rate. Although, they are not required to view or to listen, this opportunity must be extended and a completed consent placed in the chart signed by the woman indicating individually whether she declined or accepted to:

1. View the ultrasound
2. Listen to the heart beat

Medical providers in licensed abortion facilities who provide information to pregnant women under these laws must continue to submit the WRTK Annual Reporting form as they did previously by February 28, 2009.

During the 2005 legislative session, the Georgia Legislature passed the Woman's Right to Know Act (House Bill 197), which was signed into law by Governor Sonny Perdue on May 10, 2005. This legislation updates Georgia's abortion requirements by ensuring that women are given the opportunity to make an informed decision about the procedure.

“Women have a right to learn about all of the options available to them in the event of an unwanted pregnancy,” said Governor Sonny Perdue. “The Woman's Right to Know Act is a common sense approach to a sensitive issue and it reflects the mainstream values that Georgians share.”

The Act requires that women who seek abortions be fully informed about relevant issues such as:

• Medical risks of abortion,
• Abortion methods and associated medical risks,
• The possible detrimental psychological effects,
• Medical risks of carrying a pregnancy to term,
• Probable gestational age of the fetus at the time the abortion is to be performed,
• Father's responsibility,
• Medical assistance benefits may be available to prenatal care, childbirth, and neonatal care
• Information on free ultrasounds

This legislation requires medical providers to collect and report to the Georgia Department of Public Health the number of women who were provided this information. The legislation also directs DCH to develop and make available certain materials, to collect information from medical providers and to issue an annual report.

In addition to the informed consent requirements, the legislation also modifies requirements related to parental notification for unemancipated minors. Unemancipated minors, defined as any female under the age of 18, seeking an abortion must either be accompanied by a parent or guardian who can show proper identification or a minor’s parent or guardian must be notified in person, by telephone, or by mail at least 24 hours prior to the abortion being performed. If the physician, physician’s qualified agent, or minor does not want to comply with any of these parental notification requirements, he or she can contact any juvenile court in the state to have them waived. Regardless, a minor is required to sign a form stating that she consents freely, “and without coercion” to the abortion (Code Section 15-11-112(a)).

If you have comments:
If you have comments about any of the information or materials listed on this page, please contact us as wrtkinfo@dhr.state.ga.us