New York Family Protection Act (A 4771)
This law was last updated on Feb 20, 2017
A 4771 would require physicians to obtain informed written consent from the parents or guardian of an unemancipated minor before they can perform an abortion on the pregnant minor.
No informed consent would be required if:
- the physician certifies that the abortion is necessary to prevent the minor’s death and their is insufficient time to obtain the required consent;
- the person who is entitled to consent certifies that they have already consented; or
- a judge has issued an order to waive consent.
The bill would also prohibit coercion of a minor female by a parent, guardian or other person to have an abortion.
Informed Consent Requirement
Under A 4771, an abortion could not be performed or induced without the voluntary and informed consent of the pregnant woman. An abortion would only be considered voluntary and informed if:
- At least 24 hours before the procedure, the physician has informed the pregnant woman by telephone or in person of:
- the name of the physician performing the procedure;
- the nature of the proposed abortion method and the risks and alternative methods;
- the probable gestational age of the fetus and it is viable or has reached 22 weeks that (1) the fetus may be able to survive outside the womb; (2) the woman has the right to request the physician to use the form of treatment that is most likely to preserve the life of the fetus; and (3) if the fetus is born alive, the physician is required to take all necessary steps to maintain the life of the child;
- the probable anatomical and physiological characteristics of the fetus;
- the medical risks associated with carrying the child to term;
- the medical and psychological risks associated with abortion; and
- any need for anti-RH Immune Globulin Therapy, if she is RH negative, the likely consequences of refusing such therapy and the cost of the therapy.
- At least 24 hours before the procedure, the physician shall inform the pregnant woman by telephone or in person that:
- medical assistance benefits may be available for prenatal care, childbirth and neonatal care;
- the father of the child is liable to assist in the support of her child;
- she has a right to view the printed informational materials;
- the state encourages her to view an ultrasound of her unborn child before she chooses to have the abortion; and
- she is free to withdraw her consent to the abortion at any time.
- The female certifies in writing that the required information was provided;
- The physician receives a copy of the certification;
- The female is not required to pay any amount for the abortion procedure until the 24 hour waiting period has expired.
A 4771 would require printed informational materials be provided to the woman seeking an abortion. The materials would include information on private and public agencies available to assist the woman, adoption agencies, materials that inform the pregnant woman the probable anatomical and physiological characteristics of the fetus and any relevant information on the possibility of the fetus’ survival.
Any person who knowingly or recklessly performs or attempts to perform an abortion without meeting all the requirements would be guilty of a felony and could face civil action.
A 4771 would also establish procedures for courts when considering to waive parental consent.
Similar to A 4706, which failed to pass the previous session.