Montana Parental Consent for Abortion Act of 2013 (HB 391)
This law was last updated on Apr 24, 2015
HB 391 requires parental consent prior to an abortion for a minor under the age of 18. The bill mandates the Department of Public Health and Human Services to create a form to be used by physicians in obtaining consent of a parent or legal guardian or in obtaining the waiver of consent of a parent or legal guardian. The form must include the following:
- any information that a physician is required by law to provide to the minor and the rights of the minor;
- the rights of the parent or guardian;
- the surgical or medical procedures that may be performed on the minor; and
- risks and hazards related to the procedure.
The form must also include a minor informed consent statement which the minor must sign. The minor informed consent statement must include the specific points detailed in the law and the minor must initial each of the points.
The form must also include a parental informed consent statement which the parent must sign. The parental informed consent statement must include the specific points detailed in the law, and the minor must initial each of the points. The parent or guardian must provide a government-issued ID and written documentation that shows their relationship with the minor.
Consent is not required if a medical emergency exists or consent has been waived by judicial bypass.
Any physician that violates this law may be fined up to $1,000. A second violation may result in a larger fine and possible jail time.
Passed and allowed to become law without Gov. Bullock’s signature. Planned Parenthood challenged the law in court. (See Planned Parenthood of Montana v. State.)