H.R. 4964: Child Interstate Abortion Notification Act

This bill, titled the Child Interstate Abortion Notification Act, proposes changes to U.S. law regarding the transportation of minors across state lines for the purpose of obtaining an abortion. Here are the main points of the bill:

Prohibition on Transporting Minors

The bill establishes a new legal framework under Title 18 of the United States Code, specifically prohibiting the transportation of minors across state lines with the intention of allowing them to obtain an abortion in a way that circumvents state laws requiring parental involvement. If someone knowingly breaks this law, they could face fines or up to one year in prison.

Definition of Parent's Rights

A minor's right to obtain an abortion without parental involvement would be considered abridged if the abortion is performed in a state or foreign country without the required parental consent or notification. This is contingent on the laws of the state where the minor resides, which may require parental consent or notification prior to an abortion.

Exceptions to Prohibition

There are exceptions to the prohibition outlined in the bill:

• If the abortion is necessary to save the life of the minor due to a physical condition.
• Neither the minor nor their parent can be prosecuted for transportation violations if the minor is taken across state lines for an abortion in a manner that violates this law.

Affirmative Defense and Civil Action

An affirmative defense against a violation can be made if the defendant believed, based on credible information, that parental notification or consent had occurred under the relevant laws. Additionally, parents harmed by a violation of this law can pursue civil action unless they have committed incest with the minor.

Parental Notification Requirement for Physicians

Under the bill, if a physician performs or induces an abortion on a minor who is not a resident of the state where the abortion is taking place, they must provide at least 24 hours of actual or constructive notice to a parent of the minor before proceeding with the abortion.

Exceptions to Notification for Physicians

Physicians are not required to provide notification if:

• The abortion complies with the laws of the state where it is performed regarding parental involvement.
• Documentation shows that a court has waived the required parental notification or consent.
• The minor states they are a victim of abuse, necessitating immediate notification to authorities.
• The abortion is needed to save the minor's life, with a requirement to notify a parent afterward.
• The minor is accompanied by someone who can prove they are the parent.

Definitions

The bill includes specific definitions for terms such as:

• Abortion: The use of medical procedures to terminate a pregnancy.
• Minor: An individual who has not yet reached the age of majority as defined in their state.
• Parent: A legal guardian or someone with custodial rights over the minor.
• State: Includes all U.S. states, the District of Columbia, and territories.

Severability and Effective Date

The bill stipulates that if any part is found unconstitutional, other provisions may still be enacted. It also outlines that the provisions will take effect 45 days after becoming law.

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