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Key Votes

HB 391 - Requires Parental Consent Prior to an Abortion for a Minor - Key Vote

Montana Key Votes

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Legislation - Bill Passed (House) (57-41) - (Key vote)

Title: Requires Parental Consent Prior to an Abortion for a Minor

Vote Smart's Synopsis:

Vote to pass a bill that requires a physician to obtain written parental or guardian consent before performing an abortion on a minor, effective July 1, 2013.

Highlights:
  • Requires a physician or physician’s assistant to obtain notarized written consent from the parent or legal guardian of a pregnant minor before performing an abortion (Sec. 4).
  • Defines “minor” as a pregnant female under 18 years of age who is not married and has not been granted an order emancipation by a court (Sec. 3). 
  • Requires the Department of Public Health and Human Services to create a consent form with certain information including, but not limited to, the following (Sec. 5):
    • The surgical or medical procedures that may be performed on the minor;
    • The risks and hazards related to the procedures planned for the minor;
    • The rights of the minor; and
    • The rights of the parent or legal guardian.
  • Requires the minor seeking an abortion to sign a consent statement that must include verification of the following, but not limited to (Sec. 5):
    • The minor understands and consents to the procedure;
    • The minor is not being coerced into having the procedure;
    • The minor understands the risks and hazards; and
    • The minor has had the opportunity to ask questions.
  • Requires the parent or guardian of the minor seeking an abortion to sign a consent statement that verifies that the parent or guardian received enough information to provide consent (Sec. 5).
  • Requires the physician to sign a declaration that states that (Sec. 5):
    • The minor and the parent or guardian has consented and been adequately informed; and
    • The physician has explained the procedure and contents of the consent form to the minor and the parent or guardian.
  • Requires the parent or legal guardian to provide the physician with government-issued proof of identity and written documentation that establishes the relationship with the minor (Sec. 6).
  • Authorizes the minor to petition the youth court for a waiver of parental consent, which may be granted in the following cases, but not limited to (Sec. 9):
    • The minor is declared competent to consent to an abortion;
    • There is evidence of abuse of the minor by one or both parents or guardian; or
    • The consent of the parent or guardian is not in the best interests of the minor.
  • Requires the court to issue written findings within 48 hours of the time the petition is filed, after which time the waiver of parental consent is automatically granted if the court has not ruled (Sec. 9).
  • Requires court proceedings for a waiver of parental consent to ensure confidentiality and the anonymity of the minor (Sec. 9).
Legislation - Introduced (House) -

Title: Requires Parental Consent Prior to an Abortion for a Minor

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