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Key Votes

HB 494 - Amends Requirements for Minors Who Seek an Abortion - Key Vote

Alabama Key Votes

Joseph Mitchell Did Not Vote on this Legislation.

Read statements Joseph Mitchell made in this general time period.

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Family

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Stage Details

Legislation - Concurrence Vote Passed (House) -
Legislation - Bill Passed With Amendment (Senate) (28-5) - (Key vote)

Title: Amends Requirements for Minors Who Seek an Abortion

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for minors petitioning to have an abortion without parental consent.

Highlights:
  • Requires a physician performing an abortion on a minor to obtain written consent from the parent or legal guardian of an un-emancipated minor, attested by a notary public, except as outlined by the provisions of this bill (Sec. 1).
  • Prohibits a parent, legal guardian, custodian, or other individual from coercing a minor to have an abortion (Sec. 1).
  • Authorizes a minor, including a ward of the state, seeking an abortion to petition the court for a waiver of parental consent in the county where the minor resides or county where the abortion is to take place if she elects not to seek parental consent for any reason (Sec. 1). 
  • Requires a minor petitioning for a waiver of parental consent prior to an abortion to take the following actions (Sec. 1):
    • Provide evidence that she has been informed and understands the medical procedure of abortion and has been counseled by a “qualified person” as to the alternatives of an abortion;
    • Provide evidence to the court of maturity demonstrating that she has sufficient experience enabling her to make mature and informed decisions; and
    • Provide an explanation to the court as to the reason why she cannot consult with her parent, parents, or legal guardian for assistance in making the decision. 
  • Authorizes the parent, parents, or legal guardian of a petitioning minor to participate in the proceeding and be represented by counsel with all the rights and obligations of a party in the proceeding (Sec. 1).
  • Requires the identity of a minor petitioning for a waiver of the parental consent for an abortion to be kept confidential from a party besides certain individuals, including, but not limited to the following individuals (Sec. 1):
    • A judge;
    • A guardian “ad litem”; or
    • A representative of the attorney general’s office. 
  • Authorizes a minor to re-file a denied petition once for a “de novo” hearing with the court (Sec. 1).
  • Authorizes the court to appoint a guardian “ad litem” for the interests of the fetus of the minor to assist and advise the court (Sec. 1).
  • Requires the court to notify the attorney general’s office immediately after the filing of the petition (Sec. 1).
  • Requires the attorney general or his or her representative to act as an advocate for the state to examine the petitioning minor and any witnesses, and to present evidence for the purpose of providing the court with a sufficient record so it can make an informed decision (Sec. 1).
  • Requires a parent, legal guardian, or minor seeking an abortion to provide the physician performing the abortion with evidence of parentage or legal guardianship through the following means (Sec. 1):
    • Photographic personal identification; and
    • A certified birth certificate of the minor; or
    • A certified court order establishing legal guardianship.
  • Authorizes a physician to perform an abortion on a minor who does not have a certified birth certificate under the following conditions (Sec. 1):
    • The physician states in the abortion patient’s medical record that a “medical emergency” exists or that there is insufficient time to obtain a certified birth certificate;
    • The abortion patient can provide another form of government issued identification; or
    • The abortion patient obtains a certified birth certificate and provides a copy of it to the physician who performed the abortion within 90 days.
Legislation - Bill Passed (House) (82-18) - (Key vote)

Title: Amends Requirements for Minors Seeking an Abortion

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for minors petitioning to have an abortion without parental consent.

Highlights:
  • Requires a physician performing an abortion on a minor to obtain written consent from the parent or legal guardian of an un-emancipated minor, attested by a notary public, except as outlined by the provisions of this bill (Sec. 1).
  • Prohibits a parent, legal guardian, custodian, or other individual from coercing a minor to have an abortion (Sec. 1).
  • Authorizes a minor, including a ward of the state, seeking an abortion to petition the court for a waiver of parental consent in the county where the minor resides if she elects to not seek parental consent for any reason (Sec. 1). 
  • Requires a minor petitioning for a waiver of parental consent prior to an abortion to take the following actions (Sec. 1):
    • Provide evidence to the court that she has been informed and understands the medical procedure of an abortion and has been counseled by a “qualified person” as to the alternatives of an abortion;
    • Provide evidence to the court of maturity demonstrating that she has sufficient experience enabling her to make mature and informed decisions; and
    • Provide an explanation to the court as to the reason why she cannot consult with her parent, parents, or legal guardian for assistance in making the decision.
  • Authorizes the parent, parents, or legal guardian of a petitioning minor to participate in the proceeding and be represented by counsel with all the rights and obligations of a party in the proceeding (Sec. 1).
  • Requires the identity of a minor petitioning for a waiver of parental consent to be kept confidential from any party besides certain individuals, including, but not limited to the following (Sec. 1):
    • A judge;
    • A guardian “ad litem”; or
    • A representative of the attorney general’s office.
  • Authorizes a minor to re-file a denied petition once for a “de novo” hearing with the court (Sec. 1).
  • Authorizes the court to appoint a guardian “ad litem” for interests of the fetus of the minor to assist and advise the court so that they make an informed decision (Sec. 1).
  • Requires the court to notify the attorney general’s office immediately after the filing of the petition (Sec. 1).
  • Requires the attorney general or his or her representative to act as an advocate for the state to examine the petitioning minor and any witnesses, and to present evidence for the purpose of providing the court with a sufficient record so it can make an informed decision (Sec. 1).
  • Requires a parent, legal guardian, or minor seeking an abortion to provide the physician performing the abortion with evidence of parentage or legal guardianship through the following means (Sec. 1):
  • Photographic personal identification; and
  • A certified birth certificate of the minor; or
  • A certified court order establishing legal guardianship.
  • Authorizes a physician to perform an abortion on a minor who does not possess a certified birth certificate under the following conditions (Sec. 1):
    • The physician states in the abortion patient’s medical record that a “medical emergency” exists or that there is insufficient time to obtain a certified birth certificate;
    • The abortion patient can provide other government issued identification; or
    • The abortion patient obtains a certified birth certificate and provides a copy to the physician who performed the abortion within 90 days.
Legislation - Introduced (House) -

Title: Amends Requirements for Minors Seeking an Abortion

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