II

106TH CONGRESS

2D SESSION S. 3102

To require the written consent of a parent of an unemancipated minor

prior to the referral of such minor for abortion services.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 25 (legislative day, SEPTEMBER 22), 2000

Mr. ASHCROFT introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To require the written consent of a parent of an

unemancipated minor prior to the referral of such minor

for abortion services.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Putting Parents First

5 Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the family plays a unique role in our cul9 ture, it is the institution by which we inculcate and

10 pass down many of our most cherished values;
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1 (2) the custody, care, and nurture of the child

2 reside first in the parents, whose primary function

3 and freedom include preparation for obligations the

4 State can neither supply nor hinder;

5 (3) parents have the right and duty to be in6 volved in helping their minor children make impor7 tant life decisions;

8 (4) whether or not to beget a child is the most

9 fundamental decision in our culture;

10 (5) parental involvement in this crucial decision

11 is necessary to ensure that the sanctity of human

12 life is given appropriate consideration;

13 (6) parental inclusion will result in the protec14 tion of human life; and

15 (7) Congress is granted authority in section 5

16 of the 14th Amendment to the Constitution of the

17 United States to enact laws that protect the right to

18 life.

19 SEC. 3. PARENTAL CONSENT OR JUDICIAL BYPASS RE20 QUIRED.

21 (a) IN GENERAL.—No individual shall knowingly per22 form an abortion upon or prescribe an abortifacient to a

23 pregnant woman under the age of 18 years unless—
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1 (1) the attending physician has secured the in2 formed written consent of the minor and a parent or

3 guardian of the minor; or

4 (2) the attending physician has secured the in5 formed written consent of the minor and a court

6 order waiving the need for the consent of a parent

7 or guardian pursuant to the judicial bypass proce8 dure described in section 4.

9 (b) PENALTY.—Any person who violates subsection

10 (a) shall be fined not more than $25,000, or imprisoned

11 for not more than 1 year, or both.

12 SEC. 4. JUDICIAL BYPASS.

13 (a) IN GENERAL.—A court of competent jurisdiction

14 shall issue an order waiving the requirement for the in15 formed written consent of a parent or guardian under sec16 tion 3 if the court finds by clear and convincing evidence

17 on an individual basis that—

18 (1) the process of obtaining the informed writ19 ten consent of such parent or guardian is not in the

20 best interests of the minor petitioner; or

21 (2) the minor petitioner is an emancipated

22 minor.

23 (b) PROCEDURES.—

24 (1) CONFIDENTIAL PROCEEDINGS.—A pro25 ceeding under this section shall be done under seal,
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1 be confidential, and ensure the anonymity of the

2 minor petitioner.

3 (2) FILING.—A minor or a minor’s legal rep4 resentative may file a petition under this section

5 using the initials of the minor.

6 (3) PREFERENCE.—Proceedings under this sec7 tion shall—

8 (A) be given preference over other pro9 ceedings;

10 (B) be expedited to the extent possible;

11 and

12 (C) be concluded not later than 72 hours

13 after the filing of the petition unless an exten14 sion is sought by the minor petitioner.

15 (4) FINDINGS.—A court that conducts pro16 ceedings under this section shall make written find17 ings of fact and conclusions of law supporting its de18 cision and shall maintain a confidential record of the

19 proceedings to facilitate appellate review.

20 (5) REVIEW.—A decision under this section de21 nying a request to waive the requirement for the in22 formed consent of a parent or guardian under sec23 tion 3 shall be eligible for expedited appellate review.

24 (c) DEFINITIONS.—In this section:
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1 (1) COURT OF COMPETENT JURISDICTION.—

2 The term ‘‘court of competent jurisdiction’’ means

3 any State court eligible to hear juvenile or family

4 law matters, except that States may designate spe5 cific State courts to consider petitions for judicial

6 bypass under this section.

7 (2) EXPEDITED APPELLATE REVIEW.—The

8 term ‘‘expedited appellate review’’ means review by

9 whatever court juvenile or family law matters are

10 generally appealed to, except that States may des11 ignate specific appellate courts to consider appeals

12 under this section.

13 SEC. 5. APPLICATION OF STATE LAWS.

14 The provisions of this Act shall not be construed to

15 preempt provisions of State law that provide greater pro16 tections to parents of minors seeking abortions than the

17 protections provided by this Act.

Æ