Child interstate abortion notification

Part I of title 18, United States Code, is amended by inserting after chapter 117A (as added by section 2) the following: 117B Child interstate abortion notification Sec. 2435. Child interstate abortion notification. 2435. Child interstate abortion notification (a) Offense (1) Generally A physician who knowingly performs or induces an abortion on a minor in violation of the requirement under paragraph (2) shall be fined under this title or imprisoned not more than 1 year, or both. (2) Parental notification (A) Actual notice A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed or induced shall provide, or cause his or her agent to provide, not less than 24 hours actual notice to a parent of the minor before performing or inducing the abortion. (B) Constructive notice If actual notice to a parent under subparagraph (A) is not accomplished after a reasonable effort has been made, not less than 24 hours constructive notice shall be given to a parent before the abortion is performed or induced. (b) Exceptions The notification requirement under subsection (a)(2) shall not apply if— (1) the abortion is performed or induced in a State that has in force a law requiring parental involvement in a minor’s abortion decision and the physician complies with the requirements of that law; (2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion; (3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed or induced on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect; (4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, except that an exception under this paragraph shall not apply unless the attending physician or an agent of such physician, not later than 24 hours after completion of the abortion, notifies a parent in writing that an abortion was performed or induced, as applicable, on the minor and of the circumstances that warranted invocation of this paragraph; or (5) the minor is physically accompanied by a person who presents the physician or his or her agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. (c) Civil Action Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a). (d) Definitions For the purposes of this section— (1) the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child; (2) the term actual notice means the giving of written notice directly, in person, by the physician or any agent of the physician; (3) the term constructive notice means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, excluding days on which mail is not delivered; (4) the term law requiring parental involvement in a minor’s abortion decision means a law— (A) requiring, before an abortion is performed on a minor, either— (i) the notification to, or consent of, a parent of that minor; or (ii) proceedings in a State court; and (B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; (5) the term minor means an individual who— (A) has not attained the age of 18 years; and (B) is not emancipated under the law of the State in which the individual resides; (6) the term parent means— (A) a parent or guardian; (B) a legal custodian; or (C) an individual standing in loco parentis— (i) who has care and control of the minor; and (ii) with whom the minor regularly resides, as determined by State law; (7) the term physician means— (A) a doctor of medicine legally authorized to practice medicine by the State in which such doctor practices medicine; or (B) any other person legally empowered under State law to perform an abortion; and (8) the term State includes— (A) the District of Columbia; (B) any commonwealth, possession, or other territory of the United States; and (C) any Indian Tribe or reservation..