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Life Gauge bill # 18.  Parental Consent.

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HB 2112

By Delegates Blair and Sumner
Introduced February 9, 2005; referred to Health then Judiciary.

A BILL to amend and reenact §16-2F-3 of the code of West Virginia, 1931, as amended, relating to requiring a physician to receive written consent from at least one parent or legal guardian before an abortion is performed on an unemancipated minor; and providing a criminal penalty for failure to comply. Be it enacted by the Legislature of West Virginia:
That §16-2F-3 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2F. PARENTAL CONSENT AND NOTIFICATION OF ABORTIONS PERFORMED ON UNEMANCIPATED MINORS. §16-2F-3. Parental consent and notification of at least one parent or guardian for abortions performed on unemancipated minors; waiver; notice to minor of right of petition to circuit court; minor to be referred for counseling; penalty (a) No physician may perform an abortion upon an unemancipated minor unless such the physician has written consent from at least one of the parents or legal guardians, and has given or caused to be given at least twenty-four hours actual notice to one of the parents or to the legal guardian of the pregnant minor of his intention to perform the abortion, or, if the parent or guardian cannot be found and notified after a reasonable effort to do so, without first having given at least forty-eight hours constructive notice computed from the time of mailing to the parent or to the legal guardian of the minor: Provided, That prior to giving the notification required by this section, the physician shall advise the unemancipated minor of the right of petition to the circuit court for waiver of consent and notification: Provided, however, That any such consent and notification may be waived by a duly acknowledged writing signed by a parent or the guardian of the minor.
(b) Upon notification being given to any parent or to the legal guardian of such a pregnant minor, the physician shall refer such the pregnant minor to a counselor or caseworker of any church or school or of the department of human services or of any other comparable agency for the purpose of arranging or accompanying such the pregnant minor in consultation with her parents. Such The counselor shall thereafter be authorized to monitor the circumstances and the continued relationship of and between such minor and her parents.
(c) Parental consent and notification required by subsection (a) of this section may be waived by a physician, other than the physician who is to perform the abortion, if such other physician finds that the minor is mature enough to make the abortion decision independently or that consent and notification would not be in the minor's best interest: Provided, That such other physician shall not be associated professionally or financially with the physician proposing to perform the abortion.
(d) Any physician that fails to receive written consent from at least one parent or legal guardian, or fails to provide notification to at least one parent or legal guardian as required by this section, before performing an abortion on an unemancipated minor, except in cases where these requirements are properly waived pursuant to this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars.

NOTE: The purpose of this bill is to require a physician to receive written consent from at least one parent or legal guardian before an abortion is performed on an unemancipated minor; and provides for a penalty.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
Senate Bill No. 82

By Senators Weeks and Barnes

Introduced February 9, 2005; referred to Health then Judiciary.

A BILL to amend and reenact §16-2F-3 of the Code of West Virginia, 1931, as amended, relating to requiring a physician to receive written consent from at least one parent or legal guardian before an abortion is performed on an unemancipated minor.

Be it enacted by the Legislature of West Virginia:
That §16-2F-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2F. PARENTAL CONSENT AND NOTIFICATION OF ABORTIONS PERFORMED ON UNEMANCIPATED MINORS.

§16-2F-3. Parental consent and notification of at least one parent or guardian for abortions performed on unemancipated minors; waiver; notice to minor of right of petition to circuit court; minor to be referred for counseling; penalty.


(a) No physician may perform an abortion upon an unemancipated minor unless such the physician has written consent from at least one of the parents or legal guardians, and has given or caused to be given at least twenty-four hours actual notice to one of the parents or to the legal guardian of the pregnant minor of his or her intention to perform the abortion, or, if the parent or guardian cannot be found and notified after a reasonable effort so to do, without first having given at least forty-eight hours constructive notice computed from the time of mailing to the parent or to the legal guardian of the minor: Provided, That prior to giving the notification required by this section, the physician shall advise the unemancipated minor of the right of petition to the circuit court for waiver of consent and notification: Provided, however, That any such consent and notification may be waived by a duly acknowledged writing signed by a parent or the guardian of the minor.
(b) Upon notification being given to any parent or to the legal guardian of such a pregnant minor, the physician shall refer such the pregnant minor to a counselor or caseworker of any church or school or of the Department of Health and Human services Resources or of any other comparable agency for the purpose of arranging or accompanying such the pregnant minor in consultation with her parents. Such The counselor shall thereafter be authorized to monitor the circumstances and the continued relationship of and between such minor and her parents.
(c) Parental consent and notification required by subsection (a) of this section may be waived by a physician, other than the physician who is to perform the abortion, if such other physician finds that the minor is mature enough to make the abortion decision independently or that consent and notification would not be in the minor's best interest: Provided, That such other physician shall not be associated professionally or financially with the physician proposing to perform the abortion.
(d) Any physician that fails to receive written consent from at least one parent or legal guardian, or fails to provide notification to at least one parent or legal guardian as required by this section, before performing an abortion on an unemancipated minor, except in cases where these requirements are properly waived pursuant to this section, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than five hundred dollars.

NOTE: The purpose of this bill is to require a physician to receive written consent from at least one parent or legal guardian before an abortion is performed on an unemancipated minor; and provides for a penalty.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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