Massachusetts ‘Woman’s Right to Know Law’ (H 3429)
This law was last updated on Apr 17, 2019
H 3429 would enact the Woman’s Right to Know Act, also called Laura’s Law. The bill would require written informed consent of the pregnant person before a physician could perform an abortion, unless in the case of a medical emergency where the pregnant person’s life or major bodily harm was at risk.
At least 24 hours before an abortion procedure is to take place, the physician must give the pregnant person a printed pamphlet, the internet address to a state-sponsored website, or toll free number for an audio recording, all of which are created and maintained by the commissioner of public health, and which communicate the following general information:
- a written notice of the patients’ rights;
- a comprehensive list of the names, addresses, and contact information of public and private agencies and services available to provide medical, financial and other assistance to an individual through pregnancy, upon childbirth, and while their child is dependent, with prenatal, childbirth, neonatal, childrearing, and adoption services;
- a description of the probable anatomical and physiological characteristics of the fetus at two week gestational increments from fertilization to full term, including color photographs or if a representative photograph is not available, realistic drawings of the developing fetus at two week increments, and including written information about brain and heart function and the presence of external members and internal organs at each stage of development;
- a description of the various methods of abortion, and the risks or medical complications commonly associated with each method;
- a description of the risks or medical complications of pregnancy and delivery;
- a description of the support obligations of the father of a child born alive; and
- statements that, under the law of the commonwealth, a pregnant person has the right upon their request to view a live ultrasound and hear the heartbeat of the fetus before an abortion, that a person’s refusal to undergo abortion does not constitute grounds for the denial of public assistance, that the law permits adoptive parents to pay the cost of prenatal care, childbirth and neonatal care, that the father of the fetus is liable to assist in the support of the child, even in instances where he has offered to pay for the abortion, that it is unlawful for any individual to coerce a person to undergo an abortion, and that any physician who performs an abortion upon an individual without obtaining their informed consent may be liable for damages in a civil action at law.
A physician would also be required to orally inform the pregnant person of the nature of the procedure, including risks, the probable gestational age and characteristics of the fetus, and her right to see an ultrasound. The physician would be required to offer alternatives to abortion and confirm that the pregnant woman had seen all the written informational materials provided.
Drafted by Massachusetts Citizens for Life Committee, Inc., an affiliate of the National Right to Life Committee.
Identical to H 936, which failed to pass during the 2017-2018 legislative session.
1/22/19 – Introduced; referred to Joint Judiciary Committee.
- Massachusetts Citizens for Life, Inc. — Drafted Model Law