An Act To Require Parental Notification of Teenage Abortions
Maine Legislature, Session 122, LD 1575
Committee: Judiciary
Sponsors: DUPREY, SNOWE-MELLO, CARR, CRESSEY, HALL, HAMPER, JACKSON, ROBINSON, VAUGHAN
Amends: 22 MRSA §1597-A, 22 MRSA §1598

Legislative Document 
No. 1575 
H.P.1112 
House of Representatives, April 14,2005 
An Act To Require Parental Notification of Teenage Abortions 
Reference to the Committee on Judiciary suggested and ordered printed. 
'!Jl~ 1/1. 71Iac~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DUPREY of Hampden. 
Cosponsored by Senator SNOWE-MELLO of Androscoggin and 
Representatives: CARR of Lincoln, CRESSEY of Cornish, HALL of Holden, HAMPER of 
Oxford, JACKSON of Fort Kent, ROBINSON of Raymond, VAUGHAN of Durham. 
Printed on recyc Jed paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRS A §152, sub-§8, as amended by PL 1999, c. 547, 
Pt. B, §5 and affected by §80, is further amended to read: 
8. 
Consent to minor's abortion. 
Original 
jurisdiction, 
concurrent with that of the Probate Court, to grant equitable 
relief in proceedings brought under Title 66T-6ee~ieB-~§9+-A ~ 
chapter 751; 
Sec. 2. 14 MRSA c. 751 is enacted to read: 
CHAPTER 751 
JUDICIAL REVIEW OF ABQRTIOH FOR M!BORS 
S8401. 
Definitions 
As 
used 
in this 
chapter. 
unless 
the 
context 
otherwise 
indicates. the following terms have the following meanings. 
1. 
Court. 
"Court" means a District Court in whose district 
a pregnant minor has her residence. 
a District Court in whose 
district 
a 
hospital. 
clinic 
or 
other facility in which 
an 
abortion might be performed or induced is located. 
a Probate 
Court in whose county a pregnant minor has her residence or a 
Probate 
Court 
in 
whose 
county 
a 
hospital. 
clinic or 
other 
facility in which an abortion might be performed or induced is 
located. 
2. 
Parent. 
"Parent" 
means 
one 
of 
a 
pregnant minor's 
parents or a pregnant minor's guardian or custodian. 
3. 
Petitioner. "Petitioner" means an unemancipated pregnant 
minor filing a petition under section 8402. 
4. 
Physician. 
"Physician" means a person licensed under 
Title 32. chapter 36 or 48 to practice medicine in the State as a 
medical or osteopathic physician. 
5. 
Unemancipated. 
"Unemancipated" means unmarried. 
under 
years of age. not in the Armed Forces of the United States and 
not employed full time. 
not self-subsisting or not otherwise 
independent from the care and control of a parent. 
§8402. 
Judicial bypass: commencement of action 
1. 
Petition for authorization to consent. 
An unemancipated 
pregnant 
minor 
who 
wishes 
to 
have 
an 
abortion without 
the 
notification of her parent shall file a petition in a 
court 
Page l-LR0302(1) 
reguesting the issuance of an order authorizing her to consent to 
the 
performance 
or 
inducement 
of 
an 
abortion 
without 
the 
notification of her parent. 
2. 
Petition requirements. 
The petition must be made under 
oath and must include all of the following; 
A. 
A statement that the petitioner is pregnant; 
B. 
A statement that the petitioner is unemancipated; 
c. 
A statement that the petitioner wishes 
to have 
an 
abortion without the notification of her parent; 
D. 
An allegation of one or both of the following; 
(1) 
That the petitioner understands 
the 
risks 
and 
conseguences and is sufficiently mature and informed to 
intelligently 
decide 
whether 
to 
have 
an 
abortion 
without the notification of her parent; or 
(2) 
That the petitioner's parent has engaged in a 
pattern of physical or sexual abuse against her or that 
the notification of her parent otherwise is not in her 
best interest; and 
E. 
A statement as to whether the petitioner has retained an 
attorney and, if she has retained an attorney, the name, 
address and telephone number of her attorney. 
§8403. 
Procedural provisions 
1. 
Hearing: judgment: constructive order. 
The court shall 
fix a time for a hearing on any petition filed under this chapter 
and 
shall 
keep 
a 
record 
of 
all 
testimony 
and 
other 
oral 
proceedings in the action. 
The court shall hear and determine 
the action and may not refer any portion of it to a referee. 
The 
hearing must be held at the earliest possible time, but not later 
than the 5th business day after the day that the petition is 
filed. 
The 
court 
shall 
enter 
judgment 
on 
the 
petition 
immediately after the hearing is concluded. 
If the hearing 
reguired by this section is not held by the 5th business day 
after the petition is filed, the failure to hold the hearing is 
deemed to be a constructive order of the court authorizing the 
petitioner to consent to the performance or inducement of an 
abortion 
without 
the 
notification 
of 
her 
parent, 
and 
the 
petitioner and any other person may 
rely on the constructive 
order as if the court actually had issued an order under this 
section authorizing the petitioner to consent to the performance 
or inducement of an abortion without the notification of her 
parent. 
2. 
Guardian ad litem. 
The court shall appoint a guardian 
ad litem to protect the interests of the petitioner at the 
hearing that is held pursuant to this section. 
If the petitioner 
has not retained an attorney, the court shall appoint an attorney 
to represent her. 
If the guardian ad litem is an attorney 
admitted to practice law in the State, the court may appoint the 
guardian ad litem to serve also as the petitioner's attorney. 
§8404. 
Standards of review 
1. 
Allegation of competence. 
If the petitioner makes only 
the allegation set forth in section 8402. subsection 2, paragraph 
D, 
subparagraph 
(1) 
and if the 
court 
finds, 
by 
clear 
and 
convincing evidence, that the petitioner is sufficiently mature 
and informed to decide intelligently whether to have an abortion, 
the court shall issue an order authorizing the petitioner to 
consent to the performance or inducement of an abortion without 
the notification of her parent. 
If the court does not make such 
a finding, the court shall dismiss the petition. 
2. 
Allegation of abuse. 
If the petitioner makes only the 
allegation set forth in section 8402, subsection 2, paragraph D, 
subparagraph (2) and if the court finds, by clear and convincing 
evidence, that there is evidence of a pattern of physical or 
sexual 
abuse 
of 
the 
petitioner 
by 
a 
parent 
or 
that 
the 
notification ot the parent of the petitioner otherwise is not in 
the best interest of the petitioner. the court shall issue an 
order authorizing the petitioner to consent to the performance or 
inducement 
of 
an 
abortion 
without 
the 
notification 
of 
her 
parent. 
If the court does not make such a finding, the court 
shall 
dismiss 
the 
petition. 
All 
physical 
or 
sexual 
abuse 
allegations must be referred to the Department of Health and 
Human Services to be investigated. 
Referrals made under this 
subsection must be kept anonymous. 
3. 
Allegations of competence and abuse. 
If the petitioner 
makes 
both 
of 
the 
allegations 
set forth 
in 
section 
8402, 
subsection 2, paragraph D, subparagraphs (1) and ( 2 ), the court 
shall proceed as follows. 
A. 
The court first shall determine whether it can make the 
finding specified in subsection I and, if so, shall issue an 
order pursuant to that subsection. 
If the court issues such 
an order, it may 
not 
review the allegation made 
under 
section 8402, subsection 2, paragraph D, 
subparagraph (2). 
If 
the 
court 
does 
not 
make 
the 
finding 
specified 
in 
subsection 1, it shall review the allegation made 
under 
section 8402, subsection 2, paragraph D, subparagraph (2). 
B. 
If the court pursuant to paragraph A does not make the 
finding 
specified 
in 
subsection 
1, 
it shall 
determine 
whether it can make the finding specified in subsection 2 
and, 
if so, 
shall 
issue 
an 
order 
pursuant 
to 
that 
subsection. 
If 
the 
court 
does 
not 
make 
the 
finding 
specified in subsection 2, 
the court shall dismiss 
the 
petition. 
All physical or sexual abuse allegations must be 
referred to the Department of Health and Human Services to 
be investigated. 
Referrals made under this subsection must 
be kept anonymous. 
§8405. 
Miscellaneous provisions 
1. 
Notice prQAibited. 
The court may not notify the parent 
of the ped doner that the petitioner is pregnant or that she 
wants to have an abortion. 
2. 
Notice of right to appeal. 
If the court dismisses the 
petition, it immediately shall notify the petitioner that she has 
a right to appeal pursuant to section 8406. 
3. 
CQnfidentiality. 
Each hearing under section 8403 must 
be conducted in a manner that preserves the anonymity of the 
peti tioner. 
The petition and all other papers and records that 
pertain 
to 
an 
action 
commenced 
under 
this 
chapter 
are 
confidential and are not public records under Title 1, chapter 13 
or any other provision of law. 
4. 
FQrms. 
The 
Supreme 
Judicial 
Court 
shall prescribe 
peti tion and notice of appeal forms to be used by a petitioner 
filing a petition under this chapter and by an appellant filing 
an appeal under section 8406. 
The clerk of each trial court 
shall furnish blank copies of the forms, without charge, to any 
person who requests them. 
5. 
Filing fee. 
A filing fee may not be required of and 
court costs may not be assessed against a petitioner filing a 
petition under section 8402 or an appellant filing an appeal 
pursuant to section 8406. 
§8406. 
Appeal 
A petitioner whose petition under this chapter is dismissed 
by the court may appeal in accordance with this section. 
1. 
Docketing of appeal. 
Wi thin 4 days after a notice of 
appeal is filed in an action arising under this chapter, the 
clerk of the trial court shall deliver a copy of the notice of 
appeal and the record on appeal to the clerk of the Supreme 
Judicial Court named in the notice. 
Upon receipt of the notice 
and record, the clerk of the Supreme Judicial Court shall place 
the appeal on the docket of the court. 
2. 
Briefs and decision. 
The appellant's brief must be 
filed within 4 days after the appeal is docketed. 
Unless the 
appellant waives the right to oral argument, the Supreme Judicial 
Court shall hear oral argument within 5 days after the appeal is 
docketed. 
The Supreme Judicial Court shall enter judgment on the 
appeal immediately after the oral argument or, if oral argument 
has been waived, within 5 days after the appeal is docketed. 
3. 
riling fee. 
A filing fee may not be reguired of and 
court costs may not be assessed against an appellant under this 
section. 
4. 
Procedures: 
constructive order. 
Upon motion of 
the 
appellant and for good cause shown, the Supreme Judicial Court 
may shorten or extend any of the maximum times set forth in this 
section. 
If judgment is not entered within 5 days after the 
appeal is docketed, the failure to enter judgment is deemed to be 
a constructive order of the court authorizing the appellant to 
consent to the performance or inducement of an abortion without 
the notification of her parent. and the appellant and any other 
person 
may 
rely on 
the 
constructive order 
as if the 
court 
actually had entered judgment under this section authorizing the 
appellant to consent to the performance or 
inducement of 
an 
abortion without the notification of her parent. 
In the interest of justice, the Supreme Judicial Court. in an 
appeal under this section, shall liberally modify or dispense 
with the formal reguirements that normally apply to the contents 
and form of an appellant's brief. 
5. 
Confidentiality. 
All proceedings 
under this section 
must be conducted in a manner that preserves the anonymity of the 
appellant on appeal. 
The notice of appeal and all papers and 
records 
that 
pertain 
to 
an 
appeal 
under 
this 
section 
are 
confidential and are not public records under Title 1, chapter 13 
or any other provision of law. 
Sec. 3. 22 MRSA c. 263-8, as amended, is further amended by 
repealing the chapter headnote and enacting the following in its 
place: 
CHAPTER 263-B 
ABORTIONS 
SW~Rl 
~IOHS GENERALLY 
Sec. 4. 22 MRSA §1597-A, as amended by PL 2003, c. 452, Pt. 
K, §ll and affected by Pt. X, §2, is repealed. 
Sec. 5. 22 MRSA §1598, sub-§l, as amended by PL 1993, c. 61, 
§2, is further amended to read: 
1. 
Policy. It is the public policy of the State that the 
State not restrict a woman's exercise of her private decision to 
terminate 
a 
pregnancy before viability except as provided in 
see~i9a-~e9+-A subchapter 2. 
After viability an abortion may be 
performed only when it is necessary to preserve the life or 
heal th of the mother. It is also the public policy of the State 
that all abortions may be performed only by a physician. 
Sec. 6. 22 MRSA c. 263-8, sub-c. 2 is enacted to read: 
SUBCHAPTER 2 
ABORTIONS FOR MINORS 
§l600. 
Definitions 
As 
used in this subchapter. unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Counselor. 
"Counselor" means any of the following: 
A. 
A psychiatrist; 
B. 
A psychologist licensed under Title 32, chapter 56: 
C. 
A social worker licensed under Title 32, chapter 83; 
D. 
An ordained member of the clergy; 
E. 
A physician's assistant registered by 
the 
Board of 
Licensure in Medicine under Title 32, chapter 48; 
F. 
A nurse practitioner licensed under Title 32, chapter 31 
and registered by the Board of Licensure in Medicine under 
Title 32, chapter 48; 
G. 
A certified guidance counselor; 
H. 
A registered professional nurse licensed under Title 32, 
chapter 31; or 
I. 
A practical nurse licensed under Title 32, chapter 31. 
A counselor may not be a person who is employed by any person or 
organization that either provides abortion services or makes 
abortion referrals to 
a 
person or organization that provides 
abortion services. 
2. 
Parent. 
"Parent" 
means 
one 
of 
a 
pregnant minor's 
parents or a pregnant minor's guardian or custodian. 
3. 
Pb,ysician. 
"Physician" means a person licensed under 
Title 32, chapter 36 or 48 to practice medicine in the State as 
an osteopathic or medical physician. 
4. 
Trial court. 
"Tri.al court" means a District Court in 
whose district a pregnant minor has her residence, 
a District 
Court in whose district a hospital, clinic or other facility in 
which an abortion might be performed or induced is located, 
a 
Probate Court in whose county a pregnant minor has her residence 
or a Probate Court in whose county a hospital, clinic or other 
facility in which an abortion might be performed or induced is 
located. 
5. 
UpemBD,cipated. 
"Unemanqipated" means unmarried, 
under 
years of age, not in the Armed Forces of the United States and 
not employed full time, 
not self-subsisting or not otherwise 
independent from the care and control of a parent. 
§1600-A. 
Parental notification required: exceptions 
1. 
Prerequisites 
to 
abortion. 
A 
physician 
may 
not 
knowingly perform or induce an abortion for a pregnant minor who 
is unemancipated unless one of the following applies: 
A. 
The physician has given a 24-hour notice, in person or 
by telephone, 
to the minor's parent of the intention to 
perform or induce the abortion and an adult accompanies the 
minor to the office of the physician at the time of the 
abortion; 
B. 
A trial court has issued an order under Title 14L 
section 
8404 
authorizing 
the 
minor 
to 
consent 
to 
the 
abortion and an adult accompanies the minor to the office of 
the physician at the time of the abortion, or a trial court, 
by its inaction, constructively has authorized the pregnant 
minor to consent to the abortion without notification of her 
parent pursuant to Title 14, section 8403, subsection 1 or 
Title 
14, 
section 
8406, 
subsection 
and 
an 
adult 
accompanies the minor to the office of the physician at the 
time of the abortion: or 
C. 
A medical 
emergency exists 
such 
that 
the 
pregnant 
minor's life is in danger if the abortion is not performed 
sooner than allowable under this section or section 160Q-C. 
2. 
Presumed unemancipated. 
For purposes of prosecutions 
for a violation of this section, it is a rebuttable presumption 
that a 
woman who is unmarried and under 18 years of age is 
unemancipated. 
§1600-B. 
Coercion prohibited 
A parent or any other person may not coerce a minor to have 
an abortion performed or induced. 
If a minor is denied financial 
support by the minor's parents due to the minor's refusal to have 
an abortion, the minor is deemed emancipated for the purposes of 
eligibility for public-assistance benefits, 
except that those 
benefits may not be used to obtain an abortion. 
§1600-C. 
Documentation; notice 
If section 1600-A, subsection 1, paragraphs Band C do not 
apply and if the parent cannot be 
reached in person or by 
telephone after a reasonable effort, a physician may not perform 
or 
induce 
an 
abortion 
without 
giving 
at 
least 
hours' 
constructive 
notice 
to 
one 
of 
the 
minor's 
parents 
by 
both 
certified and ordinary mail sent to the last known address of the 
parent. 
The 48-hour period begins when the certified mail notice 
is received and signed for by the parent. 
If a parent of the 
pregnant minor is not 
reached within 
a 
48-hour period, 
the 
abortion may be performed or induced even if the certified mail 
notice is not received. 
If a parent who 
has been notified expresses clearly and 
unequivocally a decision not to consult with the pregnant minor 
before the pregnant minor' s abortion, then the abortion may be 
performed or induced without any further waiting period. 
SUMMARY 
This bill requires parental notification before an abortion 
is performed or 
induced 
on 
a 
pregnant minor. 
There is 
an 
exception for a medical emergency in which the pregnant minor' s 
life is in danger. 
The bill provides a definition of "counselor" 
that ensures that the 
counselor has 
no affiliation with 
an 
organization that makes abortion referrals or provides abortion 
services. 
The bill also allows for 
minor 
has 
court 
approval 
establishes the procedures for 
alternative procedures whereby 
for 
the 
proposed 
abortion 
judicial review and appeals. 
the 
and