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146th General Assembly
House Bill # 80
  (Tabled in Committee)  

Primary Sponsor: Lavelle Additional Sponsor(s):    Rep. Miro & Rep. Brady & Sen. Bonini & Sen. Venables
CoSponsors: Reps. Hocker, Briggs King, Hudson, Kenton, Lee, Manolakos, Outten, Peterman, Ramone, D. Short, Willis, Wilson, Atkins; Sen. Booth
Introduced on : 04/05/2011
Long Title:AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PARENTAL CONSENT FOR ABORTION.
Synopsis:This bill changes the Parental Notice of Abortion Act to the Parental Consent for Abortion Act. Because the General Assembly saw fit to pass a law requiring parental consent for minors under 18 using tanning beds, it seems to follow that requiring parental consent for minor young women to obtain abortions instead of just notification is quite reasonable. Therefore, the age for consent has been raised from 16 to 18.
The bill removes the definition of “licensed mental health professional”, and makes other changes that have been approved as constitutionally sound by the U.S. Supreme Court in a Pennsylvania case regarding the Pennsylvania Abortion Control Act.
Except in the case of a medical emergency , or if a pregnant young woman is a minor and not emancipated, or if she has been adjudged an incapacitated person by a court of proper jurisdiction, a physician may not perform an abortion upon her unless, in the case of the minor, the physician first obtains the informed consent of both the pregnant minor and of one (1) of her parents; or, in the case of a minor who is an incapacitated person, the physician must first obtain the informed consent of her guardian. In deciding whether to grant such consent, a pregnant minor's parent or guardian shall consider only their child's or ward's best interests. In the case of a pregnancy that is the result of incest where the father is a party to the incestuous act, the pregnant minor need only obtain the consent of her mother. If both parents have died or are otherwise unavailable to the physician within a reasonable time and in a reasonable manner, consent of the pregnant minor's guardian or guardians is sufficient. If the pregnant woman's parents are divorced, consent of the parent having custody is sufficient. If neither parent nor a legal guardian is available to the physician within a reasonable time and in a reasonable manner, consent of any adult person standing in loco parentis is sufficient. A judicial option continues to be available to a pregnant minor.
Current Status: House Health & Human Development Committee   On   04/05/2011
  (Tabled in Committee)  
Full text of Legislation:
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Fiscal Notes/Fee Impact:Not Required
Actions History:
Apr 05, 2011 - Introduced and Assigned to Health & Human Development Committee in House
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