H. B. 2279
(By Delegate Border)
[Introduced January 12, 2011
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §16-2F-3 of the Code of West Virginia,
1931, as amended, relating to requiring that abortion
providers notify the parents of a minor seeking an abortion
forty-eight hours before performing the procedure.
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 NOTIFICATION OF ABORTIONS PERFORMED ON
UNEMANCIPATED MINORS.
§16-2F-3. Parental notification required for abortions performed
on unemancipated minors; waiver; notice to minor of
right of petition to circuit court; minor to be
referred for counseling.
(a) No A physician may not perform an abortion upon an unemancipated minor unless such physician has given or caused to be
given at least twenty-four forty-eight 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 to do so, 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 notification: Provided, however,
That any such 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 pregnant minor, the physician shall refer
such 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 pregnant minor in consultation with her parents.
Such counselor shall thereafter be authorized to monitor the
circumstances and the continued relationship of and between such
minor and her parents.
(c) Parental 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 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.
NOTE: The purpose of this bill is to require forty-eight hours
notice to the parents of a minor seeking an abortion before
performing the abortion. Current law requires a twenty-four hour
notice.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.