A bill to require the written consent of a parent of an unemancipated minor prior to the provision of contraceptive drugs or devices to such a minor, or the referral of such minor for abortion services, under any Federally funded program.
TABLE OF CONTENTS:
Title I: Parental Involvement in the Abortion Decision
Title II: Parental Involvement in Decisions Concerning
Contraceptives and Abortion Referrals
Putting Parents First Act - Title I: Parental Involvement in the Abortion Decision - Prohibits, and sets penalties for, knowingly performing an abortion upon or prescribing an abortifacient to a pregnant woman under age 18 unless the attending physician has secured the informed written consent of the minor and: (1) the informed written consent of the minor's parent or guardian; or (2) a court order waiving the need for the parent's or guardian's consent pursuant to a judicial bypass procedure under this title. Requires a court to issue such an order if it finds by clear and convincing evidence on an individual basis that: (1) the process of obtaining such consent is not in the best interests of the minor petitioner; or (2) the minor petitioner is an emancipated minor. Sets forth procedures regarding confidentiality, filing of the petition, preference over other proceedings, findings, and expedited appellate review.
(Sec. 103) Specifies that the provisions of this title shall not be construed to preempt State law provisions that provide greater protections to parents of minors seeking abortions.
Title II: Parental Involvement in Decisions Concerning Contraceptives and Abortion Referrals - Requires all federally funded programs that provide for the distribution of contraceptive drugs or devices to minors or that provide abortion referrals to minors to obtain informed written consent of a custodial parent or custodial legal guardian prior to the provision of such drugs or devices or referral information to the minor, with an exception. Requires a court to issue an order waiving such requirement if it finds by clear and convincing evidence on an individual basis that: (1) the process of obtaining such consent is not in the best interests of the minor petitioner; or (2) the minor petitioner is an emancipated minor. Sets forth procedures regarding confidentiality, filing of the petition, preference over other proceedings, findings, and expedited appellate review.
Specifies that nothing in this title shall be construed as prohibiting the distribution of contraceptive drugs or devices, or the provision of abortion referral information, to unemancipated minors without obtaining prior written parental consent if: (1) the distribution is paid for through the expenditure by a State of State funds, regardless of whether such State funds are provided as part of the State's contribution to a Federal program; and (2) the State takes affirmative action to allow the provision of such drugs, devices, or information through the use of State funds without requiring such parental consent.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9438-9439)
Read twice and referred to the Committee on Judiciary.
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