Federal

Parental Notification and Intervention Act

Source: Congress.gov · 1,087 words in original text

What This Bill Does

This bill makes it illegal for doctors and health care organizations that use interstate commerce or receive federal funds to perform an abortion on a person under age 18 without first notifying that person's parents. Parents who are notified can ask a federal court to stop the abortion from happening. ##

Who It Affects

- Doctors and health care providers who perform abortions - Health care organizations and facilities that perform abortions - People under age 18 seeking abortions (called unemancipated minors) - Parents and legal guardians of minors - Federal courts ##

Key Provisions

- Doctors must provide written notice to parents before performing an abortion on a minor, except when a state court has waived this requirement based on clear evidence of physical abuse by the parent (Sec. 2(a)(1)) - Doctors must wait 96 hours after parents receive notice before performing the abortion (Sec. 2(a)(2)) - Parents can file a lawsuit in federal court to stop the abortion, and the court must temporarily halt it until a judge makes a final decision (Sec. 3) - Doctors face fines up to $100,000 and up to one year in prison for violating these rules (Sec. 2(b)) - A medical emergency exception allows doctors to skip parental notification if a second doctor confirms the minor will die without immediate treatment (Sec. 2(c)) ##

What Changes

If this bill becomes law, doctors must notify parents before performing abortions on minors. Parents gain the legal right to ask federal courts to block abortions. Doctors who fail to notify parents face criminal penalties. ##

Important Definitions

- **Unemancipated minor**: A person under age 18 who is not legally independent from their parents - **Parent**: Includes both biological parents and legal guardians (Sec. 2(f)) - **Medical emergency**: A condition where the minor will die without immediate treatment, even if that treatment causes the death of the unborn child (Sec. 2(c)(1)) ##

Effective Date

Upon enactment (Sec. 5(a))

II 118TH CONGRESS 1ST SESSION S. 1103 To provide for parental notification and intervention in the case of an unemancipated minor seeking an abortion. IN THE SENATE OF THE UNITED STATES MARCH 30, 2023 Mr. BRAUN (for himself, Mr. RUBIO, Mr. SCOTT of Florida, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for parental notification and intervention in the case of an unemancipated minor seeking an abortion. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Parental Notification 4 and Intervention Act’’. 5 SEC. 2. PARENTAL NOTIFICATION. 6 (a) IN GENERAL.—It shall be unlawful for any per- 7 son or organization in or affecting interstate or foreign 8 commerce or who solicits or accepts Federal funds to per- 9 form any abortion on an unemancipated minor under the 10 VerDate Sep 11 2014 06:02 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1103.IS S1103 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1103 IS age of 18, to permit the facilities of the person or organi- 1 zation to be used to perform any abortion on such a minor, 2 or to assist in the performance of any abortion on such 3 a minor if the person or organization has failed to comply 4 with all of the following requirements: 5 (1) The provision of written notification to the 6 parents (as defined in subsection (f)) of the minor 7 informing the parents that an abortion has been re- 8 quested for the minor, except that such notification 9 is not required for a parent if the physician is pre- 10 sented with documentation showing with a reason- 11 able degree of certainty that a court of record in the 12 minor’s State of residence has waived any parental 13 notification. The court of record shall not waive any 14 parental notification requirement unless there is 15 clear and convincing evidence of physical abuse of 16 the minor by such parent. 17 (2) Compliance with a 96-hour waiting period 18 after notice has been received by the parents. 19 (3) Compliance with any injunction granted 20 under section 3 relating to the abortion. 21 (b) FINE FOR VIOLATION.—Whoever willfully violates 22 subsection (a) shall be fined not more than $100,000 or 23 imprisoned not more than one year, or both, for each viola- 24 tion. 25 VerDate Sep 11 2014 06:02 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1103.IS S1103 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1103 IS (c) EXCEPTION.—Subsection (a) shall not apply with 1 respect to an unemancipated minor for whom an abortion 2 is sought if a physician (other than the physician with 3 principal responsibility for making the decision to perform 4 the abortion) makes a determination that— 5 (1) a medical emergency exists which, with rea- 6 sonable medical certainty, so complicates the medical 7 condition of the minor that the death of the minor 8 would result from the failure to immediately treat 9 her physical condition even though the treatment 10 may result in the death of her unborn child; 11 (2) parental notification is not possible as a re- 12 sult of the medical emergency; and 13 (3) certifications regarding compliance with 14 paragraphs (1) and (2) have been entered in the 15 medical records of the minor, together with the rea- 16 sons upon which the determinations are based, in- 17 cluding a statement of relevant clinical findings. 18 (d) PARENTAL NOTIFICATION REQUIREMENTS.—For 19 purposes of this section, any parental notification provided 20 to comply with the provisions of subsection (a) for a par- 21 ent shall be— 22 (1) delivered personally to the parent; or 23 (2) provided through certified mail in accord- 24 ance with all of the following procedures: 25 VerDate Sep 11 2014 06:02 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1103.IS S1103 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1103 IS (A) The certified mail is addressed to the 1 parent. 2 (B) The address used is the dwelling or 3 usual place of abode of the parent. 4 (C) A return receipt is requested. 5 (D) The delivery is restricted to the par- 6 ent. 7 (e) LIMITATION.—A mother seeking an abortion, or 8 upon whom an abortion is performed, may not be found 9 liable for a violation of this section. 10 (f) PARENT DEFINED TO INCLUDE LEGAL GUARD- 11 IAN.—For purposes of this Act, the term ‘‘parent’’ in- 12 cludes, with respect to an unemancipated minor, any legal 13 guardian of the minor. 14 SEC. 3. PARENTAL INTERVENTION. 15 Any parent required to be notified pursuant to sec- 16 tion 2 regarding an abortion of an unemancipated minor 17 may bring an action in the Federal district court where 18 the parent resides or where the unemancipated minor is 19 located to enjoin the performance of the abortion. The 20 court shall issue a temporary injunction barring the per- 21 formance of the abortion until the issue has been adju- 22 dicated and the judgment is final. The court shall issue 23 relief permanently enjoining the abortion unless the court 24 determines that granting such relief would be unlawful. 25 VerDate Sep 11 2014 06:02 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1103.IS S1103 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1103 IS SEC. 4. PREEMPTION. 1 Nothing in this Act shall be construed to preempt any 2 provision of State law to the extent that such State law 3 establishes, implements, or continues in effect greater pa- 4 rental notification requirements or intervention rights re- 5 garding abortion than those provided under this Act. 6 SEC. 5. EFFECTIVE DATE AND SEVERABILITY. 7 (a) EFFECTIVE DATE.—The provisions of this Act 8 shall take effect upon its enactment. 9 (b) SEVERABILITY.—The provisions of this Act shall 10 be severable. If any provision of this Act, or any applica- 11 tion thereof, is found unconstitutional, that finding shall 12 not affect any provision or application of the Act not so 13 adjudicated. 14 Æ VerDate Sep 11 2014 06:02 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1103.IS S1103 pbinns on DSKJLVW7X2PROD with $$_JOB

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.