Senate Bill No. 28
(By Senators Weeks, Dempsey, Sharpe and Guills)
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[Introduced January 11, 2006; referred to the Committee
on Health and Human Resources; and then to the Committee on the
Judiciary.]
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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.