2003 House Bill 4478 ↩

Senate Roll Call 9: Passed

To revise the requirements for a court considering a petition from a minor for court authority to get an abortion over the objection of her parents. The bill would require a court to consider the rebuttable presumption that a minor is not capable of providing informed consent for medical treatment. A waiver of parental denial could only be granted if the minor demonstrates a level of maturity based on factors such as: the minor’s age; school attendance and performance: circumstances of the minor’s pregnancy; the minor’s knowledge of alternatives, the risks associated with an abortion, and risks of carrying the pregnancy to term; her assessment of the psychological and emotional consequences of abortion, parenting, or placing a child for adoption; other life experiences that demonstrate a pattern of responsible, mature behavior; the degree of dependency and parental supervision in daily affairs; whether the petition was truly voluntary; and more. Under current law, to grant a waiver a court must determine that the abortion is in the minor’s best interest, or that the minor is sufficiently well informed and mature to make the decision independently of her parents or guardian. The bill would prohibit a minor whose petition was denied from then seeking a waiver in another family court division. A minor could appeal to a higher court.