March 23, 2011(Key vote)
Title: Amending Statutes Regulating Abortion
Vote Smart's Synopsis:
Vote to pass a bill that requires physicians and abortion facilities to follow guidelines concerning abortion including, but not limited to, notification of guardian for a minor's abortion, records of every abortion performed, and identification of fetus as human life to patients.
Prohibits minors who are not married or freed by court order from the care, custody, and control of the minor's parents, from having as abortion without the notarized written consent of the minor and both parents of the legal guardian (Sec. 4).
Authorizes consent to be waived if the court finds clear and convincing evidence that either (Sec. 4):
The minor is mature and well-informed enough to make the abortion decision on her own;
The consent of the parents or other legal guardians would not be in the best interest of the minor; or
The attending physician believes an emergency exists that threatens the health, safety or well-being of the minor as to require an abortion.
Authorizes the court to require a minor to participate in an evaluation and counseling session to be used as an aid to the court in its decision to determine if a minor is mature and well-informed enough to make the abortion decision without parental consent (Sec. 4).
Authorizes a parent or legal guardian of the minor to pursue civil remedies against parties who violate the rights of parents and legal guardians in relation to the abortions of the minor (Sec. 4).
Requires physicians performing abortions to submit a written report to the mother and to the secretary of health and environment including, but not limited to (Sec. 1, 3):
The medical diagnosis and condition which necessitated the performance of an abortion to preserve the life of the pregnant woman and shall specify:
If the unborn child was determined to be nonviable; -If the abortion is necessary to preserve the life of the pregnant woman and what the physician believes would cause the death of the pregnant woman; and
If a continuation of the pregnancy will cause a substantial and irreversible impairment of a major bodily function of the mother and what the specific medical condition would be.
Requires a physician who is to perform an abortion to inform the woman in writing that the abortion will terminate the life of a whole living human being (Sec. 5).
Defines "human being" as an individual living ember of the species of homo sapiens, including the unborn child being during the entire embryonic and fetal ages from fertilization to full gestation (Sec. 5).
Vote to pass a bill that requires parents of minors seeking abortions to give their consent to the procedure.
Requires unemanicpated minors seeking an abortion, except in cases of medical emergencies where a minor is required to provide written documentation that notice of the abortion has been given to one of her parents or legal guardians, to do one of the following (Sec. 4):
If the minor's parents are married and both are available, or if the minor has a legal guardian, she must obtain notarized written consent to the abortion from both parents or from her guardian;
If the minor's parents are married and one parent is not available in a reasonable time, then she must obtain notarized written consent to the abortion from the parent that is available;
If the minor's parents are not married and live apart, then she must obtain notarized written consent to the abortion from the parent with primary custody over her; or
If the father of the minor's fetus is also her father, adoptive father, stepfather, or legal guardian, then she must obtain notarized written consent to the abortion from her mother.
Authorizes the consent requirement to be waived if a court finds "clear and convincing evidence" that (Sec. 4):
The minor is mature and well-informed enough to make the abortion decision on her own; or
The consent of the parents or other legal guardians would not be in the best interest of the minor.
Authorizes a custodial parent or legal guardian of the minor to pursue a civil action against parties who violated the rights of parents or legal guardians in relation to the abortion of the minor (Sec. 4).
Authorizes a woman upon whom an illegal abortion was performed, the father of the fetus if he was married to the woman at the time of the abortion, or the parents or legal guardians of the woman if she was a minor at the time of the abortion to pursue a civil action in order to obtain compensation for damages (Sec. 3).
Requires a woman seeking an abortion to be informed in writing that the abortion will terminate "the life of a whole, separate, unique, living human being" (Sec. 5).
Defines "human being" as an individual living member of the species of homo sapiens, including a fetus from fertilization to full gestation (Sec. 5).