HB 143 -- Parental Notification for Abortion

Sponsor:  Portwood

This bill establishes the Missouri Parental Notification Act,
which specifies that an abortion may not be performed on an
unemancipated minor until 48 hours after a written notice has
been delivered to the minor's parent.  The notice must be
addressed to the parent at the parent's place of residence and
must be delivered by the attending physician or a member of the
physician's staff who is over the age of 18, the sheriff or a
sheriff's deputy of the county where the notice is made, a person
over the age of 18 who is not related to the minor, or a member
of the clergy who is over the age of 18.  If the notice is
delivered by someone other than the attending physician, it must
be delivered in a sealed envelope marked "Personal and
Confidential"; and the contents of the envelope may not be
revealed to the person making the delivery.  If the parents of
the minor reside at the same residence, delivery to one parent
constitutes delivery to both.  If the parents of the minor do not
live together, the notice must be delivered to both parents
unless the minor requests that only one parent be notified.  This
request must be documented in the minor's medical record.

The person delivering the notice must provide a written return of
service to the physician, which must be maintained by the
physician.  The notice may also be sent to the minor's parents by
certified mail, return receipt requested.  Proof of mailing and
delivery or attempted delivery must be maintained by the
physician.

If the minor is living with a relative who is not a parent, the
notice may be provided to either the relative or the parent.  The
physician or the physician's staff is required to inform the
minor that the notice must be provided to the minor's parents
before the abortion is performed and the circumstances under
which the minor may request that only one parent be notified.

Notice is not required if the parents of the minor or the person
the minor elects to notify certifies in writing that he or she
has been notified; if the pregnant minor declares that she is a
victim of abuse or neglect and the attending physician has
reported the abuse or neglect; if the attending physician
certifies in the minor's medical record that a medical emergency
exists; or if a valid court order is issued.

A person who performs or attempts to perform an abortion in
violation of the notification requirement is liable for damages
proximately caused by the performance or attempted performance of
the abortion.  The bill outlines two affirmative defenses that a
defendant may assert in a civil proceeding for violation of the
notification requirement.

Any person who counsels, advises, encourages, or conspires to
induce or persuade a minor to provide false information to a
physician in order to avoid the parental notification requirement
is guilty of a class D felony.

A court can enter an order dispensing with the notification
requirement if the pregnant minor elects not to allow
notification and the court finds that giving notice is not in the
best interests of the minor or if the court finds by clear and
convincing evidence that the minor is sufficiently mature to
decide whether to have an abortion.  The court may also appoint a
guardian ad litem and an attorney for the minor.  Court
proceedings are confidential and take precedence over other
pending matters, and the matter must be heard and decided no
later than four days after the filing of the petition.  An
expedited confidential appeal to the court of appeals is
available to the minor child, and any appeal must be heard and
decided no later than five days after it is filed.  If the court
of appeals fails to act within the time limit, the circuit court
must enter an order dispensing with the notification requirement.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:18 pm