Indiana Bill Regarding Parental Consent (SB 392)
This law was last updated on Jun 28, 2016
SB 392 would prohibit a physician from performing an abortion on an unemancipated minor without first obtaining written consent from a parent or legal guardian of the minor.
Specifically, the bill would require:
- the notarized written consent of the minor and one of their parents or legal guardians;
- government issued proof of identification of the parent of legal guardian; and
- written documentation that establishes that the parent of legal guardian is the lawful parent or legal guardian of the unemancipated pregnant woman.
The physician would be required to keep records of the documents required for at least seven years.
SB 392 would require a physician who receives written consent for an unemancipated pregnant woman to have an abortion to execute an affidavit for inclusion in the unemancipated pregnant woman’s medical record.
The bill would provide that a parent or guardian of a pregnant minor is an interested party with respect to a petition to waive the parental consent requirement and is entitled to notice of any hearing on the petition and an opportunity to submit evidence to the court.
SB 392 would prohibit anyone from knowingly or intentionally aiding or assisting an unemancipated pregnant woman in obtaining an abortion without the required parental consent. A person who violates this provision would be civilly liable and the court may award damages to a person adversely affected by such a violation.
The bill would require a health care provider to transmit the pregnancy termination form to the state department of health and separately to the department of child services if the woman having the abortion is less than 15 years of age (rather than if the woman is less than 14 years of age as provided by current law).
The state department would also be required to notify and provide a copy of the form to the department of child services when it has received a form notifying the state department that a female less than 15 years of age had an abortion.
The bill would raise the penalty for the failure to file the required forms regarding performed abortions from a Class B misdemeanor to a Class A misdemeanor.
A physician who performs an abortion on a pregnant woman less than 15 years of age and fails to transmit the pregnancy termination form to the state department would be guilty of a Class A misdemeanor.
This bill provides that a practitioner is subject to disciplinary sanctions for failure to report suspected sexual trafficking or child abuse.
The bill would require the medical licensing board to revoke a physician’s license if the physician:
- negligently failed to transmit a form regarding an abortion performed on a female who is less than 15 years of age; and
- performed an abortion in violation of state law.