Americans United for Life Statement on LD 1457 Page
Statement of Americans United for Lifebefore the Maine Joint Standing Committee on JudiciaryOnLD 1457: An Act To Strengthen the Consent Laws for AbortionsPerformed on Minors and Incapacitated Persons
MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE:
Americans United for Life (AUL) is a national public interest law firm with a practice in abortion and bioethics law. AUL attorneys are experts on constitutionallaw and abortion jurisprudence, including the constitutionality of laws relating to parental involvement in the abortion decisions of minors.After thoroughly reviewing LD 1457 which mandates parental consent before aminor may obtain an abortion,
AUL appreciates this opportunity to submit astatement comparing LD 1457 to 22 M.R.S. 1597-A, attesting to theconstitutionality of LD 1457, and explaining the need for this legislation.
Comparison of LD 1457 and Current Law.A.
LD 1457 would require minors in the State of Maine to obtain parental consent before an abortion, with exceptions. The bill provides that unless the requirementsfor certain exceptions are met, “if a pregnant woman is a minor or is anincapacitated person, a physician may not perform an abortion upon her unless: Inthe case of a minor, the physician performing the abortion first obtains thenotarized written consent of the minor and one of her parents or her legal guardian. . . or In the case of an incapacitated person, the physician performing theabortion first obtains the notarized written consent of her legal guardian. . . .”
LD 1457 applies to both minors and incapacitated persons. While this testimony primarilyaddresses the need for parental consent for minors, many of the same principles support therequirement of guardian consent for incapacitated persons.