H.R. 748 · 109th Congress

Child Interstate Abortion Notification Act

Stage
Passed a chamber
Introduced
2005-02-10
Latest action
2005-07-11 · Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 157.

Summary

Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Protects from prosecution or civil liability the minor or the minor’s parents for violations of this Act.

Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place.

Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action.

Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis.

Imposes a fine and/or prison term of up to one year on an physician who performs or induces an abortion on an out-of-state minor without complying with parental notification requirements. Allows certain exceptions, including abortions necessary to save the life of the minor.