Bill Text: DE HB80 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Parental Consent For Abortion.
Spectrum: Moderate Partisan Bill (Republican 17-3)
Status: (Introduced - Dead) 2011-04-05 - Introduced and Assigned to Health & Human Development Committee in House [HB80 Detail]
Download: Delaware-2011-HB80-Draft.html
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SPONSOR: |
Rep. Lavelle & Rep. Miro & Rep. Brady & Sen. Bonini & Sen. Venables; |
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Reps. Hocker, Briggs King, Hudson, Kenton, Lee, Manolakos, Outten, Peterman, Ramone, D. Short, Willis, Wilson, Atkins; Sen. Booth |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 80 |
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AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PARENTAL CONSENT FOR ABORTION. |
Section 1.Amend Subchapter VIII, Chapter 17, Title 24 of the Delaware Code by striking the phrase "Parental Notice of Abortion Act" where it appears in the descriptive heading of Subchapter VIII and also in §1780 as a short title, and by substituting in lieu thereof "Parental Consent for Abortion Act".
Section 2.Amend §1781(a)(1), Title 24 of the Delaware Code by striking "Immature minors" and by substituting in lieu thereof "Minors".
Section 3.Amend §1781(a), Title 24 of the Delaware Code by striking "(7)" and by substituting in lieu thereof "(8)", and by adding a new paragraph (7) to read:
"(7) The General Assembly recently passed a law that requires parental consent for use of tanning beds by minors between 14 to 18 years of age;".
Section 4.Amend §1782, Title 24 of the Delaware Code by striking subsection (4) in its entirety and by redesignating subsections (5) and (6) as subsections (4) and (5) respectively.
Section 5.Amend § 1782(5), Title 24 of the Delaware Code by striking "age of 16" and by substituting in lieu thereof "age of 18".
Section 6.Amend §1783(a) and (i), Title 24 of the Delaware Code by striking the prefatory language before subsection (a), subsection (a), and paragraph (i) of subsection (a) in their entireties and by substituting in lieu thereof the following:
"(a)
Except in the case of a medical emergency, or except as
provided in this section, if a pregnant woman is a minor and not emancipated,
or if she has been adjudged an incapacitated person by a court of proper
jurisdiction, a physician may not perform an abortion upon her unless,
in the case of the minor,the physician
first obtains the informed consent both of the pregnant minor and
of one (1) of her parents; or, in the case of a minor who is an
incapacitated person, the physician first obtains the informed consent
of her guardian. In deciding whether to grant such consent, a pregnant
minor's parent or guardian shall consider only their child's or ward's best
interests. In the case of a pregnancy that is the result of incest where the
father is a party to the incestuous act, the pregnant minor need only obtain
the consent of her mother.
(b) Unavailability of parent or guardian.--If both parents
have died or are otherwise unavailable to the physician within
a reasonable time and in a reasonable manner, consent of the pregnant
minor's guardian or guardians is sufficient. If the pregnant minor's parents
are divorced, consent of the parent having custody is sufficient. If
neither a parent nor a legal guardian is available to the physician within
a reasonable time and in a reasonable manner, the consent of any adult person standing
in loco parentis is sufficient. ".
Section 7.Amend §1783(a), Title 24 of the Delaware Code by redesignating paragraph (ii) as paragraph (i)."
Section 8.Amend §1783(b) by redesignating the original subsection (b), which begins with "A minor may petition", as subsection (c).
Section 9.Amend §1781(b), Title 24 of the Delaware Code by striking "parental notice provision" and by substituting in lieu thereof "parental consent provision".
Section 10.Amend §1784, Title 24 of the Delaware Code by striking "notice requirement" where it appears once in the descriptive heading, two (2) times in subsection (a), and three (3) times in subsection (b), and by substituting in lieu thereof "consent requirement".
Section 11.Amend §1784, Title 24 of the Delaware Code by striking the word "notification" where it appears once in subsection (a)(6) and once in subsection (b), and by substituting in lieu thereof "the consent requirement".
Section 12.Amend §1785, Title 24 of the Delaware Code by striking "notice requirement" where it appears once in the descriptive heading, once in paragraph (5), and once in the "WHEREFORE" clause that follows paragraph (6), and by substituting in lieu thereof "consent requirement".
Section 13.Amend §1785, Title 24 of the Delaware Code by striking "NOTICE OF" in the affidavit and application and "notice of" in the "WHEREFORE" clause that follows paragraph (6), and by substituting "CONSENT FOR" and "consent for" respectively.
Section 14.Amend §1785, Title 24 of the Delaware Code by striking "notice" where it appears two (2) times in paragraph (6) and by substituting in lieu thereof "consent".
SYNOPSIS
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This bill changes the Parental Notice of Abortion Act to the Parental Consent for Abortion Act.Because the General Assembly saw fit to pass a law requiring parental consent for minors under 18 using tanning beds, it seems to follow that requiring parental consent for minor young women to obtain abortions instead of just notification is quite reasonable.Therefore, the age for consent has been raised from 16 to 18. The bill removes the definition of "licensed mental health professional", and makes other changes that have been approved as constitutionally sound by the U.S. Supreme Court in a Pennsylvania case regarding the Pennsylvania Abortion Control Act. Except in the case of a medical emergency
, or if a pregnant young woman is a minor and not emancipated, or if she has
been adjudged an incapacitated person by a court of proper jurisdiction, a
physician may not perform an abortion upon her unless, in the case of
the minor,the physician
first obtains the informed consent of both the pregnant minor and
of one (1) of her parents; or, in the case of a minor who is an
incapacitated person, the physician must first obtain the informed consent
of her guardian. In deciding whether to grant such consent,
a pregnant minor's parent or guardian shall consider only their child's
or ward's best interests. In the case of a pregnancy that is the result of
incest where the father is a party to the incestuous act, the pregnant minor
need only obtain the consent of her mother. |
