Child Interstate Abortion Notification Act of 2015 (S. 404)

S. 404 would make it a crime to knowingly transport a minor to another state to obtain an abortion without satisfying a parental involvement law in the minor’s resident state.

The bill provides an exception for an abortion that is necessary to save the life of a minor whose life is endangered by a physical disorder, illness, or condition.

A person who violates this law would be subject to criminal penalties—a fine, up to one year in prison, or both. 

This bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion.

Child Interstate Abortion Notification

The bill would make it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first complying with parental notification requirements. The parental notification requirement for physicians would not apply if:

• the physician complies with his/her state law regarding parental involvement in a minor’s abortion decision;
• the minor produces a court order waiving parental notice from their state of residence;
• the minor declares in a written statement that they are a victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the state in which the minor resides of the known or suspected abuse or neglect;
• the abortion is necessary to save the life of the minor (however, the physician would need to notify parents within 24 hours of the abortion being completed); or
• the minor is physically accompanied by a person who presents the physician or his agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor.

A physician who violates this provision would be subject to criminal penalties—a fine, up to one year in prison, or both.

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Related Legislation

Companion bill to H.R. 803 and similar to S. 201.

Identical to H.R. 732/S. 369 and similar to S. 32, all of which failed to pass during the 2013-2014 legislative sessions.

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