HB 1380-FN - AS INTRODUCED 2001 SESSION
01-2351 01/09
HOUSE BILL 1380-FN
AN ACT relative to parental consent for abortions
performed on
children less than 16 years of age.
SPONSORS: Rep. Souza, Hills 40; Rep. Drabinowicz, Hills 36; Rep. Boyce,
Belk 5;
Rep. Pepino, Hills 40; Rep. Hopper, Hills 5; Sen. Barnes, Dist 17;
Sen. Roberge,
Dist 9; Sen. Boyce, Dist 4
COMMITTEE: Judiciary
ANALYSIS
This bill prohibits any physician from performing an abortion on a child
less than 17 years of age without the prior consent of one parent or
the legal
guardian of the child. The consent must be in writing, signed, and
notarized.
The consent requirement may be waived upon petition by the child if
the court
finds the minor to be mature and well-informed enough to make her own
decision
or that the abortion would be in her best interests. The child is entitled
to a
court-appointed attorney for the petition procedure and appeal of it.
The bill
creates an exception for medical emergencies and provides that the
child shall
not be coerced by her parent into obtaining an abortion against her
will. A
violation of these requirements constitutes a misdemeanor and is prima
facie
evidence of failure to obtain informed consent and of interference
with family
relations in civil actions.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears
in
regular type.
01-2351 01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to parental consent for abortions performed on children
less than 16 years of age.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
1 Legislative Purpose and Findings.
I. It is the intent of the legislature
in enacting this parental consent provision to
further the important and
compelling state interests of protecting children
against their own immaturity,
fostering the family structure and preserving it
as a viable social unit,
and protecting the rights of parents to rear children
who are members of their
household.
II. The legislature finds as fact that:
(a) Children lack the
ability to make fully informed choices that take account
of both immediate and long-range consequences.
(b) The medical, emotional,
and psychological consequences of abortion are
serious and can be lasting.
(c) The capacity to
become pregnant and the capacity for mature judgment
concerning the wisdom of an abortion are not necessarily related.
(d) Parents ordinarily
possess information essential to a physician's exercise
of his or her best medical judgment concerning the child.
(e) Parents who are
aware that their minor daughter has had an abortion may
better ensure that she receives adequate medical attention after her abortion.
III. The legislature further finds that
parental consultation is usually desirable
and in the best interests
of the child.
2 New Subdivision; Parental Consent Prior to Abortion.
Amend RSA 132 by
inserting after section 23 the following new subdivision:
Parental Consent Prior to Abortion
132:24 Definitions. For purposes of this subdivision only,
the following
definitions shall apply:
I. "Abortion" means the use of any instrument,
medicine, drug, or any other
substance or device to terminate
the pregnancy of a woman known to be
pregnant with an intention
other than to increase the probability of a live
birth, to preserve the life
or health of the child after live birth, or to remove
a dead fetus.
II. "Child" means any person under the
age of 17.
132:25 Consent Required.
I. Notwithstanding any other law to the
contrary, no person shall perform
an abortion upon a child
unless such person or his or her agent or another
physician, hereafter called
the "referring physician," or his or her agent
first obtains the written
consent of the child and the written consent of
one parent or the legal
guardian of the child. Such consent shall be signed
and notarized. Consent of
a parent without the consent of the child shall
not authorize the performance
of an abortion on the child by a physician.
II. If neither of the parents nor the
legal guardian is available to the person
performing the abortion
or his or her agent or the referring physician or his or
her agent in a reasonable
time or manner, or the parties from whom consent
must be obtained pursuant
to this section refuse to consent to the performance
of an abortion, or the child
elects not to seek consent of those whose consent
is required, then the child
may petition, on her own behalf, any probate court
of this state for a waiver
of the consent requirement of this section pursuant
to the procedures of RSA
132:26.
132:26 Procedure for Waiver of Consent.
I. The requirements and the procedures
under this subdivision are available
and apply to the child whether
or not the child is a resident of this state. The
proceedings under RSA 169-B,
169-C, and 169-D shall not apply to procedures
conducted under this subdivision.
II. The court shall ensure that the child
is given assistance in preparing and
filing the petition and
shall ensure that the child's identity is kept anonymous.
III. The child may participate in proceedings
in the court on her own behalf.
The court shall advise the
child that she has a right to court-appointed counsel
and shall provide her with
such counsel upon her request.
IV. Court proceedings under this section
shall be anonymous and shall be given
such precedence over other
pending matters as is necessary to ensure that
the court may reach a decision
promptly. In no case shall the court fail to rule
within 48 hours of the time
of application, provided that the 48 hour limitation
may be extended at the request
of the child.
V. The consent requirement shall be waived
if the court finds either:
(a) That the child
is mature and well-informed enough to make the abortion
decision on her own; or
(b) That the performance
of the abortion would be in the child's best interest.
VI. A court that conducts proceedings
under this section shall issue written
and specific factual findings
and legal conclusions supporting its decision
and shall order that a confidential
record of the evidence be maintained.
VII. An expedited anonymous appeal shall
be available to any child. Each
appeal shall be heard in
chambers, anonymously, in a summary manner, and
within 48 hours of the filing.
The court of appeal shall issue its final judgment
and order within 48 hours
of its hearing.
VIII. The supreme court may adopt any
rules it feels are necessary to ensure
that proceedings under this
subdivision are handled in an expeditious and
anonymous manner.
132:27 Medical Emergency Exception. The requirements of
RSA 132:23 shall
not apply when, in the best
medical judgment of the physician based on the
facts of the case before
such physician, a medical emergency exists that so
complicates the pregnancy
as to require an immediate termination of the
pregnancy.
132:28 Penalty. Any person who intentionally performs an
abortion with
knowledge that, or with
reckless disregard as to whether, the person upon
whom the abortion is to
be performed is a child, as defined in RSA 132:24, II,
and who intentionally or
knowingly fails to conform to any requirement of
this subdivision is guilty
of a misdemeanor.
132:29 Civil Damages Available. Failure to obtain consent
pursuant to the
requirements of this subdivision
is prima facie evidence of failure to obtain
informed consent and of
interference with family relations in appropriate
civil actions. The law of
this state shall not be construed to preclude the
award of exemplary damages
in any appropriate civil action relevant to
violations of this subdivision.
Nothing in this subdivision shall be construed
to limit the common law
rights of parents.
132:30 Severability. If any provision, word, phrase, or
clause of this subdivision
or the application thereof
to any person or circumstance shall be held invalid,
such invalidity shall not
affect the provisions, words, phrases, clauses, or
application of this subdivision
which can be given effect without the invalid
provision, word, phrase,
clause, or application and to this end, the provisions,
words, phrases, and clauses
of this subdivision are declared to be severable.
3 Effective Date. This act shall take effect January 1,
2003.
LBAO 01-2351
9/19/01
HB 1380-FN - FISCAL NOTE
AN ACT relative to parental consent for abortions performed on children
less than
16 years of age.
FISCAL IMPACT: The Office of Legislative Budget Assistant
is unable to
complete a fiscal note for this bill as it is awaiting information
from an agency.
