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Missouri Bill Regarding Two-Parent Written Notification Requirement (HB 99)

This law was last updated on Jan 5, 2015


State

Missouri

Number

HB 99

Status

Failed to Pass

Proposed

Dec 2, 2014

Sponsors

Primary Sponsors: 1
Total Sponsors: 1

Topics

Crisis Pregnancy Centers, Parental Involvement

Full Bill Text

house.mo.gov

HB 99 would amend the laws regarding parental notification requirements for an abortion for a minor (Mo. Rev. Stat. § 188.028), and acknowledge the rights of crisis pregnancy centers to freely engage in religious speech and practices.

Parental Notification

The bill would prohibit a physician from performing or inducing an abortion upon a minor without first obtaining the notarized written consent of both the minor and one of her parents or her legal guardian and would require the consenting parent to notify any other custodial parent.

The bill defines “custodial parent” to mean a parent in a family in which the parents have not separated or divorced or any parent of a minor who has been awarded joint custody. Notice would not be required to a parent convicted of certain crimes and offenses as outlined in the law. Notice also would not be required to a parent whose whereabouts are unknown, who is a fugitive from justice, who is habitually in an intoxicated or drugged condition, or who has been declared mentally incompetent.

The bill would permit a minor to petition a court for a waiver of the consent requirement pursuant to the procedure outlined in the law.

According to Planned Parenthood Advocates of Missouri:

HB 99 requires the two-parent notice prior to the performance of an abortion in addition to the existing requirement that a female under the age of 18 to obtain written informed consent of one parent or guardian prior to an abortion. Parents rightfully want to be involved in their teenagers’ lives, and the good news is that most teens do go to their parents when faced with an unintended pregnancy. But in the real world, no law can mandate family communication. Adding administrative obstacles that are nearly insurmountable to the teen can force them to take matters into their own hands.

Crisis Pregnancy Centers

HB 99 also acknowledges the rights of an alternatives-to-abortion agency (i.e., crisis pregnancy center) and its officers and employees to assemble and engage in religious practices and speech without interference from the government and that the laws of the United States and Missouri protect such rights. The bill would prohibit any political subdivision of the state from adopting or enacting any policy or regulation that interferes with these rights. The bill would not preclude a political subdivision of the state from exercising its lawful authority to regulate zoning or land use or to enforce a building or fire code regulation as long as that political subdivision treats an alternatives-to-abortion agency in the same manner as a similarly situated agency.

According to Planned Parenthood Advocates of Missouri:

Specifies that the constitutions and laws of the United States and Missouri must protect the rights of an alternatives-to-abortion agency and its officers to freely engage in activities without interference, which includes Pregnancy Resource Centers (PRC). HB 99 would place PRCs above any safety or privacy regulation. PRCs are on record providing false and misleading information to vulnerable women and are currently not required to provide medically factual or accurate information to them. In contrast, abortion providers adhere to more than 30 laws and regulations—many of which are unnecessary restrictions.

STATUS

HB 99 is identical to HB 814 and HB 774, which also failed in 2015, except those bills do not contain the provision acknowledging the rights of crisis pregnancy centers to freely engage in religious practices and speech without governmental interference.


People

Primary Sponsor