Assembly Bill A2357

2009-2010 Legislative Session

Sets forth notification requirements on abortions performed on minors

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2357 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2507, Pub Health L; amd §213, add Art 10-B §§1095 - 1098, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: A2128
2013-2014: A3040
2015-2016: A7119, A6473
2017-2018: A3620, A4305
2019-2020: A5999, A6125
2021-2022: A3780
2023-2024: A3398

2009-A2357 (ACTIVE) - Summary

Requires parental notice prior to the performance of an abortion upon an unemancipated minor; defines unemancipated minor as person less than eighteen years of age; allows for waiver of such notice in limited instances; establishes circumstances and procedures for proceedings to obtain an order waiving such parental notification.

2009-A2357 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2357

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. REILICH, KOLB, FINCH, RABBITT -- Multi-Sponsored
  by -- M. of A.   ERRIGO,  FITZPATRICK,  McDONOUGH  --  read  once  and
  referred to the Committee on Health

AN  ACT  to  amend  the  public  health law and the family court act, in
  relation to notice of abortions performed on unemancipated minors

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative purpose and findings. It is the intent of this
legislature in enacting this parental notice provision  to  further  the
important  and  compelling  state interests of protecting minors against
their own immaturity, fostering the family structure and  preserving  it
as  a viable social unit, protecting the rights of parents to rear chil-
dren who are members of their household, and protecting  the  health  of
minor children.
  The  legislature  finds that immature minors often lack the ability to
make fully-informed choices that take  account  of  both  immediate  and
long-range  consequences  and that the medical, emotional and psycholog-
ical consequences of abortion are serious and can  be  lasting,  partic-
ularly  when the patient is immature. The legislature further finds that
the capacity to become pregnant and the  capacity  for  mature  judgment
concerning  the  wisdom  of an abortion are not necessarily related. The
legislature finds that parents ordinarily possess information  essential
to  a  physician's  exercise of his best medical judgment concerning the
child and, further, that parents who are aware that their minor daughter
has had an abortion may better ensure that she receives adequate medical
attention after her  abortion.  The  legislature  concludes  then,  that
parental  consultation  is usually desirable and in the best interest of
the minor.
  S 2. The public health law is amended by adding a new section 2507  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04356-01-9

              

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