II 

118TH CONGRESS 

1ST SESSION S. 1103 

To provide for parental notification and intervention in the case of an 

unemancipated minor seeking an abortion. 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2023 

Mr. BRAUN (for himself, Mr. RUBIO, Mr. SCOTT of Florida, and Mr. WICKER) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To provide for parental notification and intervention in the 

case of an unemancipated minor seeking an abortion. 

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 ‘‘Parental Notification 

5 and Intervention Act’’. 

6 SEC. 2. PARENTAL NOTIFICATION. 

7 (a) IN GENERAL.—It shall be unlawful for any per8 son or organization in or affecting interstate or foreign 

9 commerce or who solicits or accepts Federal funds to per10 form any abortion on an unemancipated minor under the 


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•S 1103 IS

1 age of 18, to permit the facilities of the person or organi2 zation to be used to perform any abortion on such a minor, 

3 or to assist in the performance of any abortion on such 

4 a minor if the person or organization has failed to comply 

5 with all of the following requirements: 

6 (1) The provision of written notification to the 

7 parents (as defined in subsection (f)) of the minor 

8 informing the parents that an abortion has been re9 quested for the minor, except that such notification 

10 is not required for a parent if the physician is pre11 sented with documentation showing with a reason12 able degree of certainty that a court of record in the 

13 minor’s State of residence has waived any parental 

14 notification. The court of record shall not waive any 

15 parental notification requirement unless there is 

16 clear and convincing evidence of physical abuse of 

17 the minor by such parent. 

18 (2) Compliance with a 96-hour waiting period 

19 after notice has been received by the parents. 

20 (3) Compliance with any injunction granted 

21 under section 3 relating to the abortion. 

22 (b) FINE FOR VIOLATION.—Whoever willfully violates 

23 subsection (a) shall be fined not more than $100,000 or 

24 imprisoned not more than one year, or both, for each viola25 tion. 


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1 (c) EXCEPTION.—Subsection (a) shall not apply with 

2 respect to an unemancipated minor for whom an abortion 

3 is sought if a physician (other than the physician with 

4 principal responsibility for making the decision to perform 

5 the abortion) makes a determination that— 

6 (1) a medical emergency exists which, with rea7 sonable medical certainty, so complicates the medical 

8 condition of the minor that the death of the minor 

9 would result from the failure to immediately treat 

10 her physical condition even though the treatment 

11 may result in the death of her unborn child; 

12 (2) parental notification is not possible as a re13 sult of the medical emergency; and 

14 (3) certifications regarding compliance with 

15 paragraphs (1) and (2) have been entered in the 

16 medical records of the minor, together with the rea17 sons upon which the determinations are based, in18 cluding a statement of relevant clinical findings. 

19 (d) PARENTAL NOTIFICATION REQUIREMENTS.—For 

20 purposes of this section, any parental notification provided 

21 to comply with the provisions of subsection (a) for a par22 ent shall be— 

23 (1) delivered personally to the parent; or 

24 (2) provided through certified mail in accord25 ance with all of the following procedures: 


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1 (A) The certified mail is addressed to the 

2 parent. 

3 (B) The address used is the dwelling or 

4 usual place of abode of the parent. 

5 (C) A return receipt is requested. 

6 (D) The delivery is restricted to the par7 ent. 

8 (e) LIMITATION.—A mother seeking an abortion, or 

9 upon whom an abortion is performed, may not be found 

10 liable for a violation of this section. 

11 (f) PARENT DEFINED TO INCLUDE LEGAL GUARD12 IAN.—For purposes of this Act, the term ‘‘parent’’ in13 cludes, with respect to an unemancipated minor, any legal 

14 guardian of the minor. 

15 SEC. 3. PARENTAL INTERVENTION. 

16 Any parent required to be notified pursuant to sec17 tion 2 regarding an abortion of an unemancipated minor 

18 may bring an action in the Federal district court where 

19 the parent resides or where the unemancipated minor is 

20 located to enjoin the performance of the abortion. The 

21 court shall issue a temporary injunction barring the per22 formance of the abortion until the issue has been adju23 dicated and the judgment is final. The court shall issue 

24 relief permanently enjoining the abortion unless the court 

25 determines that granting such relief would be unlawful. 


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1 SEC. 4. PREEMPTION. 

2 Nothing in this Act shall be construed to preempt any 

3 provision of State law to the extent that such State law 

4 establishes, implements, or continues in effect greater pa5 rental notification requirements or intervention rights re6 garding abortion than those provided under this Act. 

7 SEC. 5. EFFECTIVE DATE AND SEVERABILITY. 

8 (a) EFFECTIVE DATE.—The provisions of this Act 

9 shall take effect upon its enactment. 

10 (b) SEVERABILITY.—The provisions of this Act shall 

11 be severable. If any provision of this Act, or any applica12 tion thereof, is found unconstitutional, that finding shall 

13 not affect any provision or application of the Act not so 

14 adjudicated. 

Æ 


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