SB 404: Stronger Parental Rights for Minor’s Abortion

Executive Summary

SB 404 would prohibit a person from transporting a pregnant minor to get an abortion without the consent of a parent or guardian.  The bill would tighten up Indiana’s parental consent law by forcing an abortion provider to maintain a copy of the pregnant minor’s birth certificate, a copy of a parent or guardian’s driver’s license and a notarized written statement from a parent or guardian giving his or her consent for the abortion provider to end the life of the minor’s unborn child. 

The bill would also mandate that if a pregnant minor has asked a judge to be legally emancipated, so that she can get an abortion without a parent’s consent, the parents must be notified and given the opportunity to submit evidence with the court before emancipation can be granted.

The bill would allow disciplinary actions to be taken against an abortion doctor who fails to report child abuse or sexual trafficking to authorities.  It would also mandate that abortion doctors who perform abortions against state law or fail to report abortions performed on young mothers under 16 years of age within 3 days of the abortion will lose their medical license.

 

Analysis

For many years it has been known that Planned Parenthood and other abortion providers have been circumventing Indiana’s parental consent laws by urging pregnant minors to cross state lines and get an abortion in a state (like Illinois) that doesn’t require parental consent before a minor may purchase an abortion.  Here is an example of Planned Parenthood right here in Indiana being caught video doing that very thing (starting at 3:40): 

 

Because of federal interstate commerce obstacles it has been difficult to strike at the root of this problem.  However, SB 404 would attempt to move Indiana in the right direction.  This bill would allow a parent or guardian to sue an individual who takes their pregnant child to have an abortion without their consent.  For example, this bill would allow a parent to sue a 50 year old man who has impregnated their 15 year old daughter, posed as the parent and driven the minor to an abortion clinic to get an abortion without her real parent or guardian’s consent.

This legislation would also strengthen Indiana’s parental consent law by assuring that the parent truly has given consent.  Currently an abortion provider needs a written statement.  If SB 404 becomes the law the abortion provider would need to have a notarized written statement from the parent or guardian and proof that the person whose name is on the written statement truly is the parent or guardian by requiring the abortion provider to keep a copy of the parent or guardian’s driver’s license and a copy of a document proving that that person truly is the parent or guardian of that minor, such as a copy of the minor’s birth certificate.

Finally, SB 404 would mandate that an abortion provider who fails to report to the state within 3 days after performing an abortion on a minor less than 16 years of age will lose his or her medical license.

 

Conclusion

The parent-child relationship is a sacred one that deserves respect.  Parents must have the right to parent their minor children as they see fit without unnecessary interference from government or corporations like Planned Parenthood who have a financial interest in separating child from parent.  SB 404 appropriately gives parents the legal support they need and deserve while also holding bad actors within the abortion industry accountable. 

IFI supports SB 404.