NY A02357 | 2009-2010 | General Assembly

Status

Spectrum: Partisan Bill (Republican 8-0)
Status: Introduced on January 15 2009 - 25% progression, died in committee
Action: 2010-06-03 - held for consideration in health
Pending: Assembly Health Committee
Text: Latest bill text (Introduced) [HTML]

Summary

This legislation provides that at least one parent or legal guardian of unemancipated minors (i.e., those who are under the age of 18), receive written notification from a physician or his/her agent within 48 hours prior to the physician's performance of an abortion on that unemancipated minor. Notification is not necessary and is deemed waived under the following conditions: (a) When the attending physician certifies that a medical emergency exists, based on the physician's good faith clinical judgment that an abortion is necessary to prevent the death or substantial and irreversible impairment of a bodily function of the minor; (b) The person(s) entitled to notification certifies that they have been notified; or (c) The minor objects to notification and obtains an order from the Family Court dispensing with such notice. The court's decision would be based on a finding that (l) the minor is sufficiently informed about her decision and therefor mature enough to make the decision without parental notification; and (2) the abortion is in the best interests of the minor. This legislation provides for expeditious court proceedings and protects the child's anonymity, as required by the United States Supreme Court. Additionally, there are no fees required, court appointed counsel is available, and if necessary there is an expedited anonymous appeal.

Tracking Information

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Title

An act to amend the public health law and the family court act, in relation to notice of abortions performed on unemancipated minors

Sponsors


History

DateChamberAction
2010-06-03 held for consideration in health
2010-01-06 referred to health
2009-01-15 referred to health

New York State Sources


Bill Comments

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