REPORT TITLE:
Parental consent; minor
abortions


DESCRIPTION:
Requires minors to obtain written consent of at least one parent
before having an abortion.  Minors defined as anyone under age of
17 for purposes of this section.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.452        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PARENTAL CONSENT FOR ABORTIONS.
 


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

 1      SECTION 1.  The purpose of this Act is to encourage
 
 2 unmarried pregnant minors to seek the advice and counsel of their
 
 3 parents when faced with the difficult decision of whether or not
 
 4 to bear a child, and to foster parental involvement in the making
 
 5 of that decision.
 
 6      SECTION 2.  Chapter 577A, Hawaii Revised Statutes, is
 
 7 amended by adding a new section to be appropriately designated
 
 8 and to read as follows:
 
 9      "§577A         Parental Consent Required; Minor Abortions.
 
10 (a)  No abortion shall be performed upon a minor without first
 
11 obtaining the written consent of not less than one of the minor's
 
12 parents.  This consent shall be provided on a form prescribed by
 
13 the Medical Advisory Board and at a minimum shall contain the
 
14 name of the minor, notification that the minor is pregnant and
 
15 wishes to obtain an abortion, the signature of the parent
 
16 authorizing this abortion and a witness signature from the
 
17 attending physician or their authorized representative.
 
18      (b)  If a parent is not available or refuses to give consent
 
19 for an abortion, or if the minor elects not to seek consent of a
 

 
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                                     H.B. NO.452        
                                                        
                                                        

 
 1 parent or legal guardian, the minor may petition the Family Court
 
 2 for a waiver of the parental consent requirement of this section.
 
 3      (c)  No consent shall be required under this section if:
 
 4      (1)  The attending physician certifies in the minor's
 
 5 medical record that the abortion is necessary to prevent the
 
 6 woman's death and there is insufficient time to obtain the
 
 7 required consent; or
 
 8      (2)  The pregnant minor declares that she is a victim of
 
 9 sexual abuse, neglect, harm or child abuse as defined in Sections
 
10 350-1, 587-2, and Chapter 707, parts V and VI, and the attending
 
11 physician has notified the department of human services or the
 
12 police department about the alleged sexual abuse, neglect or
 
13 child abuse.
 
14      (d)  For purposes of this section, "minor" means any
 
15 unmarried person below the age of eighteen.
 
16      (e)  For purposes of this section, "parent" means a
 
17 biological, foster or adoptive parent or legal guardian.
 
18      (f)  For purposes of this section, "abortion" means the use
 
19 of any means, including but not limited to operation or medical
 
20 procedure, to terminate pregnancy.
 
21      (g)  Any individual who knowingly, intentionally or
 
22 recklessly performs an abortion in violation of this section
 
23 shall be guilty of a misdemeanor.  A person who is convicted of a
 

 
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                                     H.B. NO.452        
                                                        
                                                        

 
 1 misdemeanor under this section shall be subject to the penalties
 
 2 set forth in Section 701-107, Penal Code."
 
 3      SECTION 3.  New statutory material is underscored.
 
 4      SECTION 4.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:  _______________________