House Bill 2888 History
H. B. 2888
(By Delegate Border)
[Introduced March 4, 2005; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §16-2F-3 of the Code of West Virginia,
1931, as amended, relating to requiring that abortion
providers notify the parents of a minor seeking an abortion
forty-eight hours before performing the procedure.
Be it enacted by the Legislature of West Virginia:
That §16-2F-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2F. PARENTAL NOTIFICATION OF ABORTIONS PERFORMED ON
§16-2F-3. Parental notification required for abortions performed
on unemancipated minors; waiver; notice to minor of
right of petition to circuit court; minor to be
referred for counseling.
(a) No physician may perform an abortion upon an unemancipated
minor unless such physician has given or caused to be given at least
twenty-four forty-eight hours actual notice to one of the
parents or to the legal guardian of the pregnant minor of his or
her intention to perform the abortion, or, if the parent or
guardian cannot be found and notified after a reasonable effort so
to do to do so, without first having given at least forty- eight
hours constructive notice computed from the time of mailing to the
parent or to the legal guardian of the minor: Provided, That prior
to giving the notification required by this section, the physician
shall advise the unemancipated minor of the right of petition to
the circuit court for waiver of notification: Provided, however,
That any such notification may be waived by a duly acknowledged
writing signed by a parent or the guardian of the minor.
(b) Upon notification being given to any parent or to the
legal guardian of such pregnant minor, the physician shall refer
such pregnant minor to a counselor or caseworker of any church or
school or of the Department of Health and Human
or of any other comparable agency for the purpose of arranging or
accompanying such pregnant minor in consultation with her parents.
Such counselor shall thereafter be authorized to monitor the
circumstances and the continued relationship of and between such
minor and her parents.
(c) Parental notification required by subsection (a) of this
section may be waived by a physician, other than the physician who
is to perform the abortion, if such other physician finds that the minor is mature enough to make the abortion decision independently
or that notification would not be in the minor's best interest:
Provided, That such other physician shall not be associated
professionally or financially with the physician proposing to
perform the abortion.
NOTE: The purpose of this bill is to require forty-eight hours
notice to the parents of a minor seeking an abortion before
performing the abortion.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would