I 
108TH CONGRESS 
1ST SESSION H. R. 1489
To provide for parental notification and intervention in the case of a minor 
seeking an abortion. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2003
Mrs. MUSGRAVE introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To provide for parental notification and intervention in the 
case of a minor seeking an abortion.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Parental Notification 
and Intervention Act of 2003’’. 
SEC. 2. PARENTAL NOTIFICATION. 
(a) It shall be unlawful for any person or organization 
to perform any abortion on an unemancipated minor 
under the age of 18, to permit the facilities of the entity 
to be used to perform any abortion on such a minor, or
to assist in the performance of any abortion on such a 
minor if the person or organization has failed to comply 
with the following requirements: 
(1) unless there is clear and convincing evidence 
of physical abuse of the minor by the parent, the 
provision of written notification to the parents of the 
minor, informing the parents that an abortion has 
been requested for the minor; 
(2) compliance with a 96-hour waiting period 
after notice has been received by the parents; and 
(3) compliance with the procedures contained in 
section 3 of this Act. 
(b) Whoever violates the provisions of subsection (a) 
of this section shall be imprisoned not more than ten 
years, fined not more than $1,000,000, or both. 
(c) The provisions of this section shall not apply if, 
with respect to an unemancipated minor for whom an 
abortion is sought, a defense or affirmative defense exists 
which would be applicable to other provisions of Title 18. 
In any such case, a physician other than the physician 
with principal responsibility for making the decision to 
perform the abortion must make a determination that—
(1) a medical emergency exists in which an 
abortion on the minor is necessary due to a grave, 
physical disorder or disease of the minor that would,
with reasonable medical certainty, cause the death of 
the minor if an abortion is not performed; 
(2) parental notification is not possible as a re-
sult of the medical emergency; and 
(3) certifications regarding compliance with 
paragraphs (1) and (2) of this subsection have been 
entered in the medical records of the minor, together 
with the reasons upon which the determinations are 
based, including a statement of relevant clinical find-
ings. 
(d) For purposes of this section, any parental notifi-
cation provided to comply with the provisions of subsection 
(a) shall be—
(1) provided through certified mail in accord-
ance with the following procedures—
(A) the notification is addressed to the 
parent of the unemancipated minor; 
(B) the address used is the dwelling or 
usual place of abode of the parent; 
(C) return receipt is requested; and 
(D) delivery is restricted to the parent; or 
(2) delivered personally to the parent. 
(e) For purposes of this section, the term ‘‘parent’’ 
includes, but is not limited to, any legal guardian of the 
child.
SEC. 3. PARENTAL INTERVENTION. 
Any parent required to be notified pursuant to sec-
tion 2 of this Act may bring an action in the federal dis-
trict court where the parent resides or where the 
unemancipated minor is located. The court shall issue an 
injunction barring the performance of the abortion until 
the issue has been adjudicated and the judgment is final. 
The court shall issue relief permanently enjoining the 
abortion unless the court determines that granting such 
relief would be unlawful. 
SEC. 4. EFFECTIVE DATE AND SEVERABILITY. 
(a) The provisions of this Act shall be severable. If 
any provision of this Act, or any application thereof, is 
found unconstitutional, that finding shall not affect any 
provision or application of the Act not so adjudicated. 
(b) The provisions of this Act shall take effect imme-
diately upon enactment.
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