Assembly Bill A3398

2023-2024 Legislative Session

Sets forth notification requirements on abortions performed on minors

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Current 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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2023-A3398 (ACTIVE) - Details

See Senate Version of this Bill:
S2911
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2509-b, Pub Health L; amd §213, add Art 10-D §§1099 - 1099-c, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A2357
2011-2012: A2128
2013-2014: A3040
2015-2016: A7119, A6473
2017-2018: A3620, A4305
2019-2020: A5999, A6125
2021-2022: A3780

2023-A3398 (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.

2023-A3398 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3398
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. DeSTEFANO, MILLER, DiPIETRO, McDONOUGH, MANKTELOW
   -- 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.
   § 2. The public health law is amended by adding a new  section  2509-b
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06404-01-3
 A. 3398                             2
 
              

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