As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 287


Representative Adams 

Cosponsors: Representatives Wagner, Brinkman, Uecker, Huffman, Fessler, Wachtmann, Barrett, Goodwin 



A BILL
To enact section 2919.124 of the Revised Code1
relative to requiring paternal consent before an2
abortion may be performed.3


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 2919.124 of the Revised Code be4
enacted to read as follows:5

       Sec. 2919.124. (A) As used in this section, "viable" has the6
same meaning as in section 2901.01 of the Revised Code.7

       (B)(1) When the fetus that is the subject of the procedure is8
viable, no person shall perform or induce an abortion on a9
pregnant woman without the written informed consent of the father10
of the fetus.11

       (2) When the fetus that is the subject of the procedure is12
not viable, no person shall perform or induce an abortion on a13
pregnant woman without the written informed consent of the father14
of the fetus.15

       (C)(1) A pregnant woman seeking to abort her pregnancy shall16
provide, in writing, the identity of the father of the fetus to17
the person who is to perform or induce the abortion.18

       (2) No pregnant woman seeking to abort her pregnancy shall19
fail to comply with division (B)(1) of this section.20

       (3) No pregnant woman seeking to abort her pregnancy shall21
provide to the person who is to perform or induce the abortion the22
identity of a man as the father of the fetus if the man is not the23
father of the fetus.24

       (D) No man shall give a consent pursuant to division (B)(1)25
or (2) of this section as the father of the fetus if the man knows26
that he is not the father of the fetus.27

       (E) No person shall cause a man to believe that the man is28
the father of a fetus for the purpose of obtaining the consent29
required by division (B)(1) or (2) of this section, if the person30
knows that the man is not the father of the fetus.31

       (F) If, pursuant to division (C)(1) of this section, the32
pregnant woman identifies two or more men as possible fathers of33
the fetus, the person who is to perform or induce the abortion34
shall perform a paternity test, or cause a paternity test to be35
performed, to determine the father of the fetus prior to accepting36
any consent required under division (B)(1) or (2) of this section37
and prior to performing or inducing an abortion of the pregnant38
woman's pregnancy. No person shall perform or induce an abortion39
in violation of this division.40

       (G) It is not a defense to a violation of division (B)(1) or41
(2) or (C)(2) of this section that the woman does not know the42
identity of the father of the fetus.43

       (H)(1) Divisions (B)(1) and (2) of this section do not apply44
if the pregnant woman provides to the person who is to perform or45
induce the abortion either of the following:46

       (a) A copy of a police report or a complaint, indictment,47
information, or other court document that gives the person who is48
to perform or induce the abortion reasonable cause to believe that49
the woman became pregnant as the result of rape or incest.50

       (b) A copy of a paternity test that gives the person who is51
to perform or induce the abortion reasonable cause to believe that52
the woman became pregnant as the result of incest.53

       (2) This section does not apply if the abortion is necessary,54
in appropriate medical judgment, to preserve the life or the55
health of the pregnant woman.56

       (I) The written consent required under division (B)(1) or (2)57
of this section and the written identification required in58
division (C)(1) of this section are confidential, are not public59
records under section 149.43 of the Revised Code, and shall be60
viewed only by the pregnant woman, the man claiming to be or the61
man identified as being the father of the fetus, the person who is62
to perform or induce the abortion, any law enforcement officer63
investigating a violation of this section, and a court and jury in64
a criminal case involving an alleged violation of this section.65

       (J) Whoever violates this section is guilty of abortion66
fraud, a misdemeanor of the first degree. If the person previously 67
has pleaded guilty to or has been convicted of a violation of this 68
section, abortion fraud is a felony of the fifth degree. 69