Consent to Abortion

Requires consent of minor and of parent or guardian, and court
order for incapacitated persons, to receive abortion.

THE SENATE                              S.B. NO.           2010
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  (a)  The legislature finds that:
 2      (1)  Immature minors often lack the ability to make fully
 3           informed choices that take into account immediate and
 4           long-range consequences;
 5      (2)  The medical, emotional, and psychological consequences
 6           of abortion are sometimes serious and can be lasting,
 7           particularly when the patient is immature;
 8      (3)  The capacity to become pregnant and the capacity for
 9           mature judgment concerning the wisdom of an abortion
10           are not necessarily related;
11      (4)  Parents ordinarily possess information essential to a
12           physician's exercise of the physician's best medical
13           judgment concerning the child;
14      (5)  Parents who are aware their minor daughter has had an
15           abortion may better ensure that she receives adequate
16           medical attention after her abortion; and
17      (6)  Parental consultation is usually desirable and in the
18           best interests of the minor.
19      (b)  The purpose of this Act is to further the important and

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 1 compelling state interests of:
 2      (1)  Protecting minors against their own immaturity;
 3      (2)  Fostering family unity and preserving the family as a
 4           viable social unit;
 5      (3)  Protecting the constitutional rights of parents to rear
 6           children who are members of their household; and
 7      (4)  Reducing teenage pregnancy and unnecessary abortion.
 8      SECTION 2.  The Hawaii Revised Statutes, is amended by
 9 adding a chapter to be appropriately designated and to read as
10 follows:
11                             "CHAPTER
13                       INCAPACITATED PERSON
14       -1 Definitions.  As used in this chapter:
15      "Abortion" means the use or prescription of any instrument,
16 medicine, drug, or any other substance or device to terminate the
17 pregnancy of a woman known by the person performing the abortion
18 to be pregnant.
19      "Coercion" means restraining or dominating the choice of a
20 minor female by force, threat of force, or deprivation of food
21 and shelter.
22      "Emancipated minor" means a person under eighteen years of
23 age who is or has been married or who has been emancipated.

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                                     S.B. NO.           2010

 1      "Incapacitated person" means a person who has been adjudged
 2 an incapacitated person under section 560:5-303 and who has had a
 3 guardian appointed under section 560:5-304.
 4      "Minor" means a person who is under eighteen years of age.
 5      "Neglect" means the failure of a parent or legal guardian to
 6 supply a child with necessary food, clothing, shelter, or medical
 7 care when reasonably able to do so or the failure to protect a
 8 child from conditions or actions that imminently and seriously
 9 endanger the child's physical or mental health when reasonably
10 able to do so.
11      "Physical abuse" means any physical injury intentionally
12 inflicted by a parent or legal guardian on a child.
13      "Physician" means a person licensed under chapter 453 or
14 460.
15       -2 Applicability.(a)  This chapter applies to minors
16 and incapacitated persons.
17      (b)  This chapter does not apply to an abortion performed on
18 an emancipated minor.
19      (c)  This chapter does not apply to an abortion performed on
20 a minor or incapacitated person, as applicable, with the intent
21 to:
22      (1)  Save the life or preserve the health of an unborn
23           child;

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 1      (2)  Remove a dead unborn child; or
 2      (3)  Deliver an unborn child prematurely for the purpose of
 3           preserving the health of the pregnant woman and her
 4           unborn child.
 5      (d)  This chapter is in addition to section 453-16.
 6       -3  Consent for abortion.(a)  No abortion shall be
 7 performed by a physician on a minor without the written consent
 8 of the minor and the parent or legal guardian of the minor.
 9      (b)  No abortion shall be performed by a physician on an
10 incapacitated person without a court order authorizing the
11 abortion.
12       -4 Coercion prohibited.  A minor shall not be coerced
13 into giving consent for an abortion.  The physician must be
14 satisfied that the minor gives consent voluntarily and without
15 coercion.  The physician shall consider whether the minor has
16 been subject to neglect or physical abuse, or both, as a result
17 of the minor's refusal to have an abortion performed. 
18       -5 Penalty.  A physician who performs an abortion in
19 violation of this chapter shall be subject to punishment under
20 section 453-16(c)."
21      SECTION 3.  This Act shall take effect upon its approval.
23                           INTRODUCED BY:  _______________________