Texas Bill Amending Parental Notification Law (HB 3302)
This law was last updated on Jan 10, 2014
HB 3302 would have amended the Texas parental notification law to prohibit a physician from performing an abortion on a minor without providing written notice to the minor’s parent or guardian, who must provide proof of parentage or guardianship. (Texas law already requires notification to a parent or guardian.)
The law would have prohibited a physician from performing or attempting to perform an abortion on any pregnant woman unless the physician has (1) obtained positive proof of age that the woman is a not a minor; or (2) obtained a certified copy of the court order proving that the woman is an emancipated minor.
The law states that 48 hours must have elapsed since the time written notice was personally delivered by the physician who is to perform the abortion to the last known address of the minor’s parent or guardian. It also states that 48 hours must have elapsed since the physician who is to perform the abortion sent written notice of the physician’s intent to perform an abortion on an unemancipated minor to the last known address of the minor’s parent or guardian by certified mail.
The law states that before performing the abortion, the physician must certify in writing that the required notice was provided to the minor’s parent or guardian.
The law states that in cases of medical emergency, the physician may perform the abortion but must provide verbal notice to the unemancipated minor’s parent or guardian that the procedure was performed and the basis of the medical emergency within two hours. The physician must also send written notice to the last known address of the minor’s parent or guardian.
The law contains extensive affidavit and certification requirements, as well as record-keeping requirements.
Notably, the bill contains personhood language, and would have defined “unborn child” to mean an individual human organism from fertilization until live birth.