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Montgomery, Alabama. An Alabama lawmaker has introduced a bill for the 2026 legislative session that would require defendants convicted of rape or incest resulting in pregnancy to undergo either a vasectomy or castration. The measure, HB 46, was pre-filed by Rep. Juandalynn Givan of Birmingham and would also allow the victim to obtain an abortion under the same circumstances. Givan said the legislation is intended to highlight disparities in how bodily autonomy is regulated under state law.

Under the bill, the procedure would be required regardless of the defendant’s age. Givan said the proposal seeks to place greater accountability on offenders in cases where their crimes result in pregnancy. Alabama currently bans nearly all abortions, with exceptions only when the mother faces a serious health risk.

Several reproductive-rights advocates, including Robin Marty, executive director of a former abortion clinic, oppose the bill. Marty argued that removing reproductive autonomy—whether for women or men—creates further harm rather than addressing the underlying crime.

Past efforts to introduce similar legislation have failed. In 2020, Rep. Rolanda Hollis proposed requiring vasectomies for men after their 50th birthday or third biological child, but the bill did not advance. Civil liberties groups, including the ACLU and Southern Poverty Law Center, have not issued detailed responses to this year’s proposal.

HB 46 will be considered when lawmakers return to Montgomery for the 2026 session in January.

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