Maryland Parental Consent for Abortion Bill (HB 1335)
This law was last updated on Sep 6, 2018
HB 1335 would prohibit a physician, except under certain circumstances, from performing an abortion on an unmarried minor unless the physician obtains consent from the parent or guardian of the minor.
The physician may perform the abortion without consent of the minor’s parent or guardian if the minor provides the physician a court order authorizing a waiver of parental consent and the physician provides any notice required by the order.
The bill would allow a physician to perform the abortion without parental consent or a court order if:
- The minor declares that they were abused or neglected;
- The physician has reason to believe the minor was abused or neglected; and
- The physician reports the suspected abuse or neglect; or
- There is a medical emergency and the physician certifies the facts justifying the exception in the minor’s medical record.
The bill would allow a minor to file a petition with the circuit court to seek an order waiving the parental consent requirement.
The court may issue an order waiving the parental consent requirement if the court finds that:
- The minor is sufficiently mature and informed to decide, in consultation with their physician, whether to have an abortion; or
- Parental consent is not in the best interest of the minor.
If the court issues an order waiving parental consent because the court finds that such consent would not be in the best interest of the minor, the court would be required to order the physician to give notice to the parent or guardian of the physician’s intent to perform the abortion.
If the court finds that notice is not in the best interest if the minor, including by finding that there is a pattern of physical, sexual, or emotional abuse or neglect of the minor, the court may not require the physician to provide parental notification.