Protection of parental rights

(a) In general (1) Fundamental right The liberty of parents to direct the upbringing, education, and health care of their children is a fundamental right. (2) Limits on government interference Government shall not substantially burden the fundamental right of parents to direct the upbringing, education, and health care of their children without demonstrating that the infringement is required by a compelling governmental interest of the highest order as applied to the parent and the child and is the least restrictive means of furthering that compelling governmental interest. The fundamental rights protected include, without limitation, the following rights and responsibilities: (A) To direct the education of the child. (B) To direct the moral or religious upbringing of the child. (C) To access and review all medical records of the child and to make and consent to all physical and mental health care decisions for the child. (3) Effect of this Act on other rights Unless legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those listed in this section. This Act does not prescribe all rights of parents, nor does it preempt or foreclose claims or remedies in support of parental rights that are available under any other Federal law, State law, the United States Constitution, or a State constitution. (b) Exceptions This section does not apply to a parental action or decision that would result in serious physical injury to the child or that would end life. (c) Judicial remedy Any parent may raise a violation of this Act as a claim or a defense in an action in a Federal or State court or before an administrative tribunal and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution.