Montana Parental Consent for Abortion Act of 2013 (HB 521)
This law was last updated on Apr 24, 2015
HB 521 requires parental consent prior to an abortion for a minor under the age of 18. Physicians would have been required to obtain a motorized written consent or a parent or legal guardian that contains 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 include a minor informed consent statement. The parent or guardian must have provided a government-issued ID and written documentation that shows their relationship with the minor.
Consent would not be required if a medical emergency existed or consent had been waived by judicial bypass.
Any physician that violates this law would be fined up to $1,000. A second violation may have resulted in a larger fine and possible jail time.
The legislature passed this bill, along with its companion bill, HB 391, which became law without Gov. Bullock’s signature. Planned Parenthood challenged the law in court. (See Planned Parenthood of Montana v. State.)