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H.R. 2299 (112th): Child Interstate Abortion Notification Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

9/14/2012--Reported to House without amendment. Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to save the life of the minor.

Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion.

Authorizes any parent who suffers harm from a violation of such prohibition to obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor.

Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, terminate an ectopic pregnancy, or remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child.

Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports the minor across a state line with the intent that such minor obtain an abortion.

Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, except where: (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 such law; (2) the physician is presented with documentation showing that a court in the minor's state of residence has waived any required parental notification or has otherwise authorized the minor 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, the physician notifies the authorities 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, provided the attending physician, within 24 hours after completion of the abortion, notifies a parent in writing that the abortion was performed and of the circumstances that warranted it; or (5) the minor is accompanied by a person who presents documentation that he or she is the minor's parent.