Bill Text: OH HB252 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: Relative to requiring paternal consent before an abortion may be performed.
Spectrum: Strong Partisan Bill (Republican 15-1)
Status: (Introduced - Dead) 2009-07-09 - To Health [HB252 Detail]
Download: Ohio-2009-HB252-Introduced.html
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Representative Adams, J.
Cosponsors:
Representatives Jordan, Huffman, Blessing, Morgan, Martin, Maag, Wagner, Hall, Wachtmann, Combs, McClain, Derickson, Goodwin, Winburn, Uecker
| To enact section 2919.124 of the Revised Code | 1 |
| relative to requiring paternal consent before an | 2 |
| 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 be | 4 |
| enacted to read as follows: | 5 |
| Sec. 2919.124. (A) As used in this section, "viable" has the | 6 |
| same meaning as in section 2901.01 of the Revised Code. | 7 |
| (B)(1) When the fetus that is the subject of the procedure is | 8 |
| viable, no person shall perform or induce an abortion on a | 9 |
| pregnant woman without the written informed consent of the father | 10 |
| of the fetus. | 11 |
| (2) When the fetus that is the subject of the procedure is | 12 |
| not viable, no person shall perform or induce an abortion on a | 13 |
| pregnant woman without the written informed consent of the father | 14 |
| of the fetus. | 15 |
| (C)(1) A pregnant woman seeking to abort her pregnancy shall | 16 |
| provide, in writing, the identity of the father of the fetus to | 17 |
| the person who is to perform or induce the abortion. | 18 |
| (2) No pregnant woman seeking to abort her pregnancy shall | 19 |
| fail to comply with division (B)(1) of this section. | 20 |
| (3) No pregnant woman seeking to abort her pregnancy shall | 21 |
| provide to the person who is to perform or induce the abortion the | 22 |
| identity of a man as the father of the fetus if the man is not the | 23 |
| 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 knows | 26 |
| that he is not the father of the fetus. | 27 |
| (E) No person shall cause a man to believe that the man is | 28 |
| the father of a fetus for the purpose of obtaining the consent | 29 |
| required by division (B)(1) or (2) of this section, if the person | 30 |
| knows that the man is not the father of the fetus. | 31 |
| (F) If, pursuant to division (C)(1) of this section, the | 32 |
| pregnant woman identifies two or more men as possible fathers of | 33 |
| the fetus, the person who is to perform or induce the abortion | 34 |
| shall perform a paternity test, or cause a paternity test to be | 35 |
| performed, to determine the father of the fetus prior to accepting | 36 |
| any consent required under division (B)(1) or (2) of this section | 37 |
| and prior to performing or inducing an abortion of the pregnant | 38 |
| woman's pregnancy. No person shall perform or induce an abortion | 39 |
| in violation of this division. | 40 |
| (G) It is not a defense to a violation of division (B)(1) or | 41 |
| (2) or (C)(2) of this section that the woman does not know the | 42 |
| identity of the father of the fetus. | 43 |
| (H)(1) Divisions (B)(1) and (2) of this section do not apply | 44 |
| if the pregnant woman provides to the person who is to perform or | 45 |
| 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 is | 48 |
| to perform or induce the abortion reasonable cause to believe that | 49 |
| the woman became pregnant as the result of rape or incest. | 50 |
| (b) A copy of a paternity test that gives the person who is | 51 |
| to perform or induce the abortion reasonable cause to believe that | 52 |
| 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 the | 55 |
| physical health of the pregnant woman. | 56 |
| (3) Divisions (B)(1) and (2) of this section do not apply if | 57 |
| the father of the fetus is deceased at the time of the abortion. | 58 |
| (I) The written consent required under division (B)(1) or (2) | 59 |
| of this section, the written identification required in division | 60 |
| (C)(1) of this section, and the results of a paternity test | 61 |
| performed pursuant to division (F) of this section are | 62 |
| confidential, are not public records under section 149.43 of the | 63 |
| Revised Code, and shall be viewed only by the pregnant woman, the | 64 |
| man claiming to be or the man identified as being the father of | 65 |
| the fetus, the person who is to perform or induce the abortion, | 66 |
| any law enforcement officer investigating a violation of this | 67 |
| section, and a court and jury in a criminal case involving an | 68 |
| alleged violation of this section. | 69 |
| (J) Whoever violates this section is guilty of abortion | 70 |
| fraud, a misdemeanor of the first degree. If the person previously | 71 |
| has pleaded guilty to or has been convicted of a violation of this | 72 |
| section, abortion fraud is a felony of the fifth degree. | 73 |
