WVC 16 - 2 F- 1
§16-2F-1. Legislative findings and intent.
The Legislature finds that immature minors often lack the
ability to make fully informed choices that take into account
both immediate and long-range consequences of their actions; that
the medical, emotional and psychological consequences of abortion
are serious and of indeterminate duration, particularly when the
patient is immature; that in its current abortion policy as
expressed in Bellotti v. Baird,
443 U. S. 622 (1979) and H.
L. v. Matheson,
450 U. S. 398 (1981), the United States
supreme court clearly relies on physician's commitment to
consider all factors, physical and otherwise, before performing
abortions on minors; that parents ordinarily possess information
essential to a physician's exercise of his best medical judgment
concerning their child; and that parents who are aware that their
minor daughter has had an abortion may better ensure that the
minor receives adequate medical attention after her abortion. The
Legislature further finds that parental consultation regarding
abortion is usually desirable and in the best interests of the
The Legislature further finds in accordance with the U. S.
Supreme Court's decision in Bellotti v. Baird, 443 U. S. 622
(1979), and H. L. v. Matheson, 450 U. S. 398 (1981), that
there exists important and compelling state interests (i) in
protecting minors against their own immaturity, (ii) in fostering
the family structure and preserving it as a viable social unit,
and (iii) in protecting the rights of parents to rear their own
children in their own household.
It is, therefore, the intent of the Legislature to further
these interests by enacting this parental notice provision.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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