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.
The bill would impose 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.