Requiring Parental Consent for a Minor to Receive an Out of State Abortion (H.R. 732)
Do you support or oppose this bill?
What is H.R. 732?
(Updated February 4, 2017)
This bill would make it a federal crime to transport a minor across a state border to get an abortion.
Under this bill, the act of transporting a minor under these circumstances would be deemed a violation of the parents’ rights in states that require parental involvement in their child’s abortion decision. Exceptions for abortions that are medically necessary to save the life of the minor would be included in the bill.
The bill would establish an affirmative defense if the person who drove the minor into another state ever found themselves in court. They could claim that:
They had reason to believed that before the minor had the abortion, the parents had granted permission, or there was judicial authorization of the abortion.
The defendant was presented with documents showing that a court either waived parental notification requirements or authorized the minor’s abortion.
H.R. 732 imposes a fine and/or prison term of up to one year for any physician who performs or induces an abortion on an out-of-state minor in violation of parental notification laws. Physicians would be required to give 24-hour notice, either actual or “constructive,” to the parent of the abortion-seeking minor.
Argument in favor
Getting an abortion is a significant decision, and minors shouldn’t be crossing state lines to get one without their parents’ consent.
Argument opposed
The government should not be preventing young women from making decisions that will impact the rest of their lives.
Impact
Abortion-seeking minors, their parents or guardians, people who would transport the abortion-seeking minor, and physicians who offer abortions.
Cost of H.R. 732
A CBO cost estimate from when this legislation was introduced in the 112th Congress found that while this bill could affect spending and revenue, the budgetary impact would be insignificant.
Additional Info
Of Note:
This is not the first time Congress has considered preventing minors from crossing state lines to obtain abortions through changes to federal law. In 2006, the Senate passed a version of the bill but Congress was unable to reconcile it with the version that passed in the House.
Sponsoring Rep. Ileana Ros-Lehtinen (R-FL) believes this bill will “protect parents’ rights to be involved in decisions relating to their minor children.” A study done by the Heritage Foundation found that parental involvement laws reduced the abortion rate for minors.On the other side of the debate, the CEO of the Center for Reproductive Rights feels the bill:
“exposed once again anti-choice lawmakers’ deep hostility to women’s right and indifference to their health and well-being.”
It has also been argued successfully in the U.S. Supreme Court that women of childbearing age who are minors are mature enough to make their own decision regarding abortion. This case, , found that states MAY require parental consent laws before minors can get abortions, as long as those states offer a judicial exception that minors can pursue to get their abortion approved.
According to the Guttmacher Institute, 38 states require parental notification before their minor child can obtain an abortion. There are 35 states that allow exceptions for medical emergency, and 37 allow for judicial bypass of parental notification.
Media:
Co-Sponsoring Senator Marco Rubio (R-FL) Press Release
The Ethics and Religious Liberty Commission of the Southern Baptist Convention (In Favor)
(Photo Credit: New York Times)
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