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H. B. No. 287 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Wagner, Brinkman, Uecker, Huffman, Fessler, Wachtmann, Barrett, Goodwin
A BILL
To enact section 2919.124 of the Revised Code
relative to requiring paternal consent before an
abortion may be performed.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2919.124 of the Revised Code be
enacted to read as follows:
Sec. 2919.124. (A) As used in this section, "viable" has the
same meaning as in section 2901.01 of the Revised Code.
(B)(1) When the fetus that is the subject of the procedure is
viable, no person shall perform or induce an abortion on a
pregnant woman without the written informed consent of the father
of the fetus.
(2) When the fetus that is the subject of the procedure is
not viable, no person shall perform or induce an abortion on a
pregnant woman without the written informed consent of the father
of the fetus.
(C)(1) A pregnant woman seeking to abort her pregnancy shall
provide, in writing, the identity of the father of the fetus to
the person who is to perform or induce the abortion.
(2) No pregnant woman seeking to abort her pregnancy shall
fail to comply with division (B)(1) of this section.
(3) No pregnant woman seeking to abort her pregnancy shall
provide to the person who is to perform or induce the abortion the
identity of a man as the father of the fetus if the man is not the
father of the fetus.
(D) No man shall give a consent pursuant to division (B)(1)
or (2) of this section as the father of the fetus if the man knows
that he is not the father of the fetus.
(E) No person shall cause a man to believe that the man is
the father of a fetus for the purpose of obtaining the consent
required by division (B)(1) or (2) of this section, if the person
knows that the man is not the father of the fetus.
(F) If, pursuant to division (C)(1) of this section, the
pregnant woman identifies two or more men as possible fathers of
the fetus, the person who is to perform or induce the abortion
shall perform a paternity test, or cause a paternity test to be
performed, to determine the father of the fetus prior to accepting
any consent required under division (B)(1) or (2) of this section
and prior to performing or inducing an abortion of the pregnant
woman's pregnancy. No person shall perform or induce an abortion
in violation of this division.
(G) It is not a defense to a violation of division (B)(1) or
(2) or (C)(2) of this section that the woman does not know the
identity of the father of the fetus.
(H)(1) Divisions (B)(1) and (2) of this section do not apply
if the pregnant woman provides to the person who is to perform or
induce the abortion either of the following:
(a) A copy of a police report or a complaint, indictment,
information, or other court document that gives the person who is
to perform or induce the abortion reasonable cause to believe that
the woman became pregnant as the result of rape or incest.
(b) A copy of a paternity test that gives the person who is
to perform or induce the abortion reasonable cause to believe that
the woman became pregnant as the result of incest.
(2) This section does not apply if the abortion is necessary,
in appropriate medical judgment, to preserve the life or the
health of the pregnant woman.
(I) The written consent required under division (B)(1) or (2)
of this section and the written identification required in
division (C)(1) of this section are confidential, are not public
records under section 149.43 of the Revised Code, and shall be
viewed only by the pregnant woman, the man claiming to be or the
man identified as being the father of the fetus, the person who is
to perform or induce the abortion, any law enforcement officer
investigating a violation of this section, and a court and jury in
a criminal case involving an alleged violation of this section.
(J) Whoever violates this section is guilty of abortion
fraud, a misdemeanor of the first degree. If the person
previously
has pleaded guilty to or has been convicted of a
violation of this
section, abortion fraud is a felony of the fifth
degree.
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