Report Title:

Consent to Abortion; Minor and Parent

 

Description:

Requires consent of minor and of parent or guardian, to receive an abortion.

 

THE SENATE

S.B. NO.

47

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

Relating to Consent.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. (a) The legislature finds that:

(1) Immature minors often lack the ability to make fully informed choices that take into account immediate and long-range consequences;

(2) The medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the patient is immature;

(3) The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related;

(4) Parents ordinarily possess information essential for the physician's best exercise of best medical judgment concerning the child;

(5) Parents who are aware their minor daughter has had an abortion may better ensure that she receives adequate medical attention following her abortion; and

(6) Parental consultation is usually desirable and in the best interests of the minor.

(b) The purpose of this Act is to further the important and compelling state interests of:

(1) Protecting minors against their own immaturity;

(2) Fostering family unity and preserving the family as a viable social unit;

(3) Protecting the constitutional rights of parents to rear children who are members of their household; and

(4) Reducing teenage pregnancy and unnecessary abortion.

SECTION 2. The Hawaii Revised Statutes is amended by adding a chapter to be appropriately designated and to read as follows:

"CHAPTER

CONSENT FOR ABORTION PERFORMED ON A MINOR

§   -1 Definitions. As used in this chapter:

"Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of a woman known by the person performing the abortion to be pregnant.

"Coercion" means restraining or dominating the choice of a minor female by force, threat of force, or deprivation of food and shelter.

"Emancipated minor" means a person under eighteen years of age who is or has been married or who has been emancipated.

"Minor" means a person who is under eighteen years of age.

"Neglect" means the failure of a parent or legal guardian to supply a minor with necessary food, clothing, shelter, or medical care when reasonably able to do so or the failure to protect a minor from conditions or actions that imminently and seriously endanger the minor's physical or mental health when reasonably able to do so.

"Physical abuse" means any physical injury intentionally inflicted by a parent or legal guardian on a minor.

"Physician" means a person licensed under chapter 453 or 460.

§   -2 Applicability. (a) This chapter applies to minors.

(b) This chapter does not apply to an abortion performed on an emancipated minor.

(c) This chapter does not apply to an abortion performed on a minor, as applicable, with the intent to:

(1) Save the life or preserve the health of an unborn child;

(2) Remove a dead unborn child; or

(3) Deliver an unborn child prematurely for the purpose of preserving the health of the pregnant minor and her unborn child.

(d) This chapter is in addition to section 453-16.

§   -3 Consent for abortion. No abortion shall be performed by a physician on a minor without the written consent of the minor and the parent or legal guardian of the minor.

§   -4 Coercion prohibited. A minor shall not be coerced into giving consent for an abortion. The physician must be satisfied that the minor gives consent voluntarily and without coercion. The physician shall consider whether the minor has been subject to neglect, physical abuse, or both, as a result of the minor's refusal to have an abortion performed.

§   -5 Penalty. A physician who performs an abortion in violation of this chapter shall be subject to punishment under section 453-16(c)."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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