H.B. 139

1

PARENTAL CONSENT TO ABORTION
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kerry W. Gibson
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends the portion of the Utah Criminal Code relating to proceedings for a
11 minor to seek a court order to obtain an abortion without consent of a parent or
12 guardian.
13 Highlighted Provisions:
14 This bill:
15 . requires that a minor who seeks a court order to consent to an abortion without
16 obtaining consent from a parent or guardian shall be physically present at all court
17 and appellate proceedings related to obtaining the court order;
18 . requires a court to hold an expedited hearing to determine whether the order
19 described in this bill should be granted;
20 . provides that the court order described in this bill may not be granted, or considered
21 granted, based on the failure of a court to hold a hearing or determine whether the
22 order described in this bill should be granted;
23 . provides that if a court fails to hold the hearing or make the determination described
24 in the preceding paragraph in an expedited manner, the minor may seek an
25 expedited writ of mandamus from the Utah Supreme Court to compel compliance
26 with the requirements of this bill; and
27 . makes technical changes.

28 Monies Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 76-7-304.5, as enacted by Chapter 207, Laws of Utah 2006
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 76-7-304.5 is amended to read:
38 76-7-304.5. Consent required for abortions performed on minors -- Hearing to
39 allow a minor to self-consent -- Appeals.
40 (1) As used in this section, "minor" is as defined in Subsection 76-7-304 (1).
41 (2) In addition to the other requirements of this part, a physician may not perform an
42 abortion on a minor unless:
43 (a) the physician obtains the informed written consent of a parent or guardian of the
44 minor, consistent with Section 76-7-305 ;
45 (b) the minor is granted the right, by court order under Subsection (5)(b), to consent to
46 the abortion without obtaining consent from a parent or guardian; or
47 (c) (i) a medical condition exists that, on the basis of the physician's good faith clinical
48 judgment, so complicates the medical condition of a pregnant minor as to necessitate the
49 abortion of her pregnancy to avert:
50 (A) the minor's death; or
51 (B) a serious risk of substantial and irreversible impairment of a major bodily function
52 of the minor; and
53 (ii) there is not sufficient time to obtain the consent in the manner chosen by the minor
54 under Subsection (3) before it is necessary to terminate the minor's pregnancy in order to avert
55 the minor's death or impairment described in Subsection (2)(c)(i).
56 (3) A pregnant minor who wants to have an abortion may choose:
57 (a) to seek consent from a parent or guardian under Subsection (2)(a); or
58 (b) to seek a court order under Subsection (2)(b).

59 (4) If a pregnant minor fails to obtain the consent of a parent or guardian of the minor
60 to the performance of an abortion, or if the minor chooses not to seek the consent of a parent or
61 guardian, the minor may file a petition with the juvenile court to obtain a court order under
62 Subsection (2)(b).
63 (5) (a) A hearing on a petition described in Subsection (4) shall be closed to the public.
64 (b) After considering the evidence presented at the hearing, the court shall order that
65 the minor may obtain an abortion without the consent of a parent or guardian of the minor if
66 the court finds by a preponderance of the evidence that:
67 (i) the minor:
68 (A) has given her informed consent to the abortion; and
69 (B) is mature and capable of giving informed consent to the abortion; or
70 (ii) an abortion would be in the minor's best interest.
71 (6) [The] Subject to Subsection (7), the Judicial Council shall make rules that:
72 (a) provide for the administration of the proceedings described in this section;
73 (b) provide for the appeal of a court's decision under this section;
74 (c) ensure the confidentiality of the proceedings described in this section and the
75 records related to the proceedings; and
76 (d) establish procedures to expedite the hearing and appeal proceedings described in
77 this section.
78 (7) (a) A minor who seeks a court order under this section to consent to an abortion
79 without obtaining consent from a parent or guardian shall be physically present at all court and
80 appellate proceedings related to obtaining the court order described in Subsection (2)(b).
81 (b) If a minor files a petition to obtain the court order described in Subsection (2)(b),
82 the court shall hold an expedited hearing to determine whether the petition should be granted
83 under Subsection (5).
84 (c) A petition to obtain the court order described in Subsection (2)(b) may not be
85 granted, or considered granted, based on the failure of a court to hold a hearing or resolve the
86 petition described in this Subsection (7).
87 (d) If a court fails to hold the hearing or resolve the petition described in this
88 Subsection (7) in an expedited manner, the minor may seek an expedited writ of mandamus
89 from the Utah Supreme Court to compel compliance with the requirements of this section.

Legislative Review Note
as of 1-22-07 12:44 PM

Office of Legislative Research and General Counsel