Arkansas Governor Signs Bill To Require Parental Consent Before Minors Can Undergo Abortion Procedures

Main Category: Abortion
Article Date: 08 Mar 2005 - 2:00 PDT

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Arkansas Gov Mike Huckabee (R) on Thursday signed into law a bill... (HB 1033) that requires written consent from a parent or guardian before a woman under age 18 could undergo abortion, the Associated Press reports (Rousseau, Associated Press, 3/3). The law will require a parent or guardian to give permission for the procedure in the presence of the abortion provider or submit their notarized signature. However, it will allow for exceptions in cases of incest or when pregnancy endangers the life of the woman. In addition, if a woman or girl does not wish to obtain consent from a parent or guardian, a judge could hold a hearing to determine if the woman is mature enough to make her own decision about abortion and bypass the parental-consent requirement. The law also requires any mentally incompetent woman -- regardless of age -- to obtain consent from a parent or guardian before undergoing an abortion procedure. Violation of the law constitutes a misdemeanor and could result in civil action from the parent or guardian whose consent was required (Kaiser Daily Reproductive Health Report, 2/17). Huckabee called state lawmakers "courageous" for passing the measure, according to the Associated Press. He added, "Life is sacred. It's special." Opponents of the measure said that it could cause some minors to have to go to an abusive parent to gain consent (Associated Press, 3/3).

House Committee Approves Bill on Drug Use During Pregnancy
The Arkansas House Judiciary Committee on Thursday approved a bill (SB 114) that would allow the state to investigate for possible child abuse women who give birth to infants affected by their mother's illegal drug use during pregnancy, the Arkansas Democrat-Gazette reports (Blomeley, Arkansas Democrat-Gazette, 3/4). The measure, sponsored by state Sen. Tim Wooldridge (D), would require doctors to call the state police's child abuse hotline when a newborn tests positive for exposure to illegal drugs or displays health problems associated with prenatal illegal drug use (Kaiser Daily Reproductive Health Report, 2/16). Opponents of the bill say it could "unfairly punish" women who use drugs during pregnancy, according to the Democrat-Gazette. In addition, opponents say that the measure does not make clear who would be allowed to report drug use by a woman during pregnancy and that the bill could lead some women who use drugs to avoid prenatal care. Wooldridge called the criticisms of the measure "unfounded," according to the Democrat-Gazette (Arkansas Democrat-Gazette, 3/4).

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Health Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.