An Act To Strengthen the Consent Laws for Abortions Performed on Minors and Incapacitated Persons
Sec. 1. 4 MRSA §152, sub-§8, as amended by PL 1999, c. 547, Pt. B, §5 and affected by §80, is further amended to read:
Sec. 2. 22 MRSA §1597-A, as amended by PL 2003, c. 452, Pt. K, §11 and affected by Pt. X, §2, is repealed.
Sec. 3. 22 MRSA §1597-B is enacted to read:
§ 1597-B. Consent for an abortion for a minor or incapacitated person
(1) Save the life or preserve the health of a fetus;
(2) Remove a dead fetus caused by spontaneous abortion; or
(3) Remove an ectopic pregnancy.
In deciding whether to grant such consent, the parent or legal guardian shall consider only the pregnant woman's best interests.
Patient names may not be included on the forms.
Sec. 4. 22 MRSA §1598, sub-§1, as amended by PL 1993, c. 61, §2, is further amended to read:
This bill repeals the current law concerning consent for a minor's abortion.
This bill requires the notarized written consent of a parent or legal guardian before an abortion may be performed on a minor or an incapacitated person. Consent may be given in certain circumstances by a brother or sister who is at least 21 years of age or by a stepparent or a grandparent. Consent is not required in a medical emergency. The Probate Court or District Court may issue an order for the purpose of consenting to the abortion in 2 circumstances. First, the court may waive the need for parental consent if it finds by clear and convincing evidence that the petitioner is both sufficiently mature and well-informed to decide whether to have an abortion. Second, the court may waive the need for parental consent if the court finds by clear and convincing evidence that there is a pattern of physical or sexual abuse or neglect of the petitioner by one or both of her parents or her guardian, or that notification of a parent or guardian is not in the best interests of the petitioner.