1.This Act may be cited as the
Parental Notification and Intervention
Act of 2011
.
2.
(a)It shall be
unlawful for any person or organization to perform any abortion on an
unemancipated minor under the age of 18, to permit the facilities of the entity
to be used to perform any abortion on such a minor, or to assist in the
performance of any abortion on such a minor, if the person or organization has
failed to comply with the following requirements:
(1)Unless there is
clear and convincing evidence of physical abuse of the minor by a parent,
written notification has been provided to each parent of the minor, informing
each parent that an abortion has been requested for the minor.
(2)There is
compliance with a 96-hour waiting period after notice has been received by,
subject to paragraph (1), each parent of the minor before the abortion may be
performed.
(3)In the case of an
action brought by a parent of such minor pursuant to section 3, with respect to
the performance of such abortion, the person or organization shall not perform
such abortion unless and until there is a final judgement pursuant to such
section that granting permanent relief to enjoin the abortion would be
unlawful.
(b)Whoever violates
the provisions of subsection (a) of this section shall be fined not more than
$1,000,000, or imprisoned not more than 10 years, or both.
(c)The provisions of
this section shall not apply if, with respect to an unemancipated minor for
whom an abortion is sought, a defense or affirmative defense exists which would
be applicable to other provisions of title 18, United States Code. For purposes
of the previous sentence, such a defense or affirmative defense shall not apply
unless a physician other than the physician with principal responsibility for
making the decision to perform the abortion makes a determination that—
(1)a
medical emergency exists in which an abortion on the minor is necessary due to
a grave, physical disorder or disease of the minor that would, with reasonable
medical certainty, cause the death of the minor if an abortion is not
performed;
(2)parental
notification is not possible as a result of the medical emergency; and
(3)certifications
regarding compliance with paragraphs (1) and (2) of this subsection have been
entered in the medical records of the minor, together with the reasons upon
which the determinations are based, including a statement of relevant clinical
findings.
(d)For purposes of
this section, any parental notification provided to comply with the provisions
of subsection (a) shall be provided through the manner described in paragraph
(1), or through the manner described in paragraph (2), as follows:
(1)The notification
shall be provided through certified mail in accordance with the following
procedures:
(A)The notification
shall be addressed to the parent of the unemancipated minor.
(B)The address used
shall be the dwelling or usual place of abode of the parent.
(C)Return receipt
shall be requested.
(D)Delivery shall be
restricted to the parent.
(2)The notification
shall be delivered personally to the parent.
(e)For purposes of
this section, the term parent includes, but is not limited to, any
legal guardian of the child.
3.Any parent of a
minor required to be notified pursuant to section 2 may bring, in the district
court of the United States where the parent resides or where the unemancipated
minor is located, an action to bar the performance of an abortion on such
minor. The court shall issue an injunction barring the performance of the
abortion until the issue has been adjudicated and the judgment is final. The
court shall issue relief permanently enjoining the abortion unless the court
determines that granting such relief would be unlawful.
4.Effective date
and severability
(a)The provisions of
this Act shall be severable. If any provision of this Act, or any application
thereof, is found unconstitutional, that finding shall not affect any provision
or application of the Act not so adjudicated.
(b)The provisions of
this Act shall take effect immediately upon enactment.