Text of Statute
(A) No person shall perform or induce an abortion without the informed consent of the pregnant woman.
(B)(1)(a) No person shall knowingly perform or induce an abortion upon a woman who is pregnant, unmarried, under eighteen years of age, and unemancipated unless at least one of the following applies:
(i) Subject to division (B)(2) of this section, the person has given at least twenty-four hours actual notice, in person or by telephone, to one of the woman's parents, her guardian, or her custodian as to the intention to perform or induce the abortion, provided that if the woman has requested, in accordance with division (B)(1)(b) of this section, that notice be given to a specified brother or sister of the woman who is twenty-one years of age or older or to a specified stepparent or grandparent of the woman instead of to one of her parents, her guardian, or her custodian, and if the person is notified by a juvenile court that affidavits of the type described in that division have been filed with that court, the twenty-four hours actual notice described in this division as to the intention to perform or induce the abortion shall be given, in person or by telephone, to the specified brother, sister, stepparent, or grandparent instead of to the parent, guardian, or custodian;
(ii) One of the woman's parents, her guardian, or her custodian has consented in writing to the performance or inducement of the abortion;
(iii) A juvenile court pursuant to section (iv) A juvenile court or a court of appeals, by its inaction, constructively
has authorized the woman to consent to the abortion without notification of one
of her parents, her guardian, or her custodian under division (B)(1) of section (b) If a woman who is pregnant, unmarried, under eighteen years of age, and
unemancipated desires notification as to a person's intention to perform or
induce an abortion on the woman to be given to a specified brother or sister of
the woman who is twenty-one years of age or older or to a specified stepparent
or grandparent of the woman instead of to one of her parents, her guardian, or
her custodian, the person who intends to perform or induce the abortion shall
notify the specified brother, sister, stepparent, or grandparent instead of the
parent, guardian, or custodian for purposes of division (B)(1)(a)(i) of this
section if all of the following apply:
(i) The woman has requested the person to provide the notification to the
specified brother, sister, stepparent, or grandparent, clearly has identified
the specified brother, sister, stepparent, or grandparent and her relation to
that person, and, if the specified relative is a brother or sister, has
indicated the age of the brother or sister;
(ii) The woman has executed an affidavit stating that she is in fear of
physical, sexual, or severe emotional abuse from the parent, guardian, or
custodian who otherwise would be notified under division (B)(1)(a)(i) of this
section, and that the fear is based on a pattern of physical, sexual, or severe
emotional abuse of her exhibited by that parent, guardian, or custodian, has
filed the affidavit with the juvenile court of the county in which the woman has
a residence or legal settlement, the juvenile court of any county that borders
to any extent the county in which she has a residence or legal settlement, or
the juvenile court of the county in which the hospital, clinic, or other
facility in which the abortion would be performed or induced is located, and has
given the court written notice of the name and address of the person who intends
to perform or induce the abortion;
(iii) The specified brother, sister, stepparent, or grandparent has executed
an affidavit stating that the woman has reason to fear physical, sexual, or
severe emotional abuse from the parent, guardian, or custodian who otherwise
would be notified under division (B)(1)(a)(i) of this section, based on a
pattern of physical, sexual, or severe emotional abuse of her by that parent,
guardian, or custodian, and the woman or the specified brother, sister,
stepparent, or grandparent has filed the affidavit with the juvenile court in
which the affidavit described in division (B)(1)(b)(ii) of this section was
filed;
(iv) The juvenile court in which the affidavits described in divisions
(B)(1)(b)(ii) and (iii) of this section were filed has notified the person that
both of those affidavits have been filed with the court.
(c) If an affidavit of the type described in division (B)(1)(b)(ii) of this
section and an affidavit of the type described in division (B)(1)(b)(iii) of
this section are filed with a juvenile court and the court has been provided
with written notice of the name and address of the person who intends to perform
or induce an abortion upon the woman to whom the affidavits pertain, the court
promptly shall notify the person who intends to perform or induce the abortion
that the affidavits have been filed. If possible, the notice to the person shall
be given in person or by telephone.
(2) If division (B)(1)(a)(ii), (iii), or (iv) of this section does not apply,
and if no parent, guardian, or custodian can be reached for purposes of division
(B)(1)(a)(i) of this section after a reasonable effort, or if notification is to
be given to a specified brother, sister, stepparent, or grandparent under that
division and the specified brother, sister, stepparent, or grandparent cannot be
reached for purposes of that division after a reasonable effort, no person shall
perform or induce such an abortion without giving at least forty-eight hours
constructive notice to one of the woman's parents, her guardian, or her
custodian, by both certified and ordinary mail sent to the last known address of
the parent, guardian, or custodian, or if notification for purposes of division
(B)(1)(a)(i) of this section is to be given to a specified brother, sister,
stepparent, or grandparent, without giving at least forty-eight hours
constructive notice to that specified brother, sister, stepparent, or
grandparent by both certified and ordinary mail sent to the last known address
of that specified brother, sister, stepparent, or grandparent. The
forty-eight-hour period under this division begins when the certified mail
notice is mailed. If a parent, guardian, or custodian of the woman, or if
notification under division (B)(1)(a)(i) of this section is to be given to a
specified brother, sister, stepparent, or grandparent, the specified brother,
sister, stepparent, or grandparent, is not reached within the forty-eight-hour
period, the abortion may proceed even if the certified mail notice is not
received.
(3) If a parent, guardian, custodian, or specified brother, sister,
stepparent, or grandparent who has been notified in accordance with division
(B)(1) or (2) of this section clearly and unequivocally expresses that he or she
does not wish to consult with a pregnant woman prior to her abortion, then the
abortion may proceed without any further waiting period.
(4) For purposes of prosecutions for a violation of division (B)(1) or (2) of
this section, it shall be a rebuttable presumption that a woman who is unmarried
and under eighteen years of age is unemancipated.
(C)(1) It is an affirmative defense to a charge under division (B)(1) or (2)
of this section that the pregnant woman provided the person who performed or
induced the abortion with false, misleading, or incorrect information about her
age, marital status, or emancipation, about the age of a brother or sister to
whom she requested notice be given as a specified relative instead of to one of
her parents, her guardian, or her custodian, or about the last known address of
either of her parents, her guardian, her custodian, or a specified brother,
sister, stepparent, or grandparent to whom she requested notice be given and the
person who performed or induced the abortion did not otherwise have reasonable
cause to believe the pregnant woman was under eighteen years of age, unmarried,
or unemancipated, to believe that the age of a brother or sister to whom she
requested notice be given as a specified relative instead of to one of her
parents, her guardian, or her custodian was not twenty-one years of age, or to
believe that the last known address of either of her parents, her guardian, her
custodian, or a specified brother, sister, stepparent, or grandparent to whom
she requested notice be given was incorrect.
(2) It is an affirmative defense to a charge under this section that
compliance with the requirements of this section was not possible because an
immediate threat of serious risk to the life or physical health of the pregnant
woman from the continuation of her pregnancy created an emergency necessitating
the immediate performance or inducement of an abortion.
(D) Whoever violates this section is guilty of unlawful abortion. A violation
of division (A) of this section is a misdemeanor of the first degree on the
first offense and a felony of the fourth degree on each subsequent offense. A
violation of division (B) of this section is a misdemeanor of the first degree
on a first offense and a felony of the fifth degree on each subsequent offense.
(E) Whoever violates this section is liable to the pregnant woman and her
parents, guardian, or custodian for civil compensatory and exemplary damages.
(F) As used in this section "unemancipated" means that a woman who
is unmarried and under eighteen years of age has not entered the armed services
of the United States, has not become employed and self-subsisting, or has not
otherwise become independent from the care and control of her parent, guardian,
or custodian.
HISTORY: 135 v H 989 (Eff 9-16-74); 141 v H 319 (Eff 3-24-86); 146 v S 2.
Eff 7-1-96.
© Copyright 2000
Containing legislation passed and filed through August 1, 2000.