HB539 Alabama 2017 Session

Under existing law, a minor who is a resident of this state and who elects to obtain an abortion must obtain parental consent to obtain an abortion or seek a judicial waiver of the parental consent requirement. Under existing law, the requirements and procedure for consent and waiver do not apply to a minor who is not a resident of this state.

This bill would require both resident and nonresident minors to obtain parental consent and specify that the procedures for obtaining a waiver from the consent requirement are available to both residents and nonresidents.

Under existing law, the court may not disclose the identity of a minor seeking a waiver except to specified persons including a witness or other party who has a need to know.

This bill would allow disclosure to witnesses only if the court states on the record why the particular disclosure is necessary to promote its consideration of the petition without unduly burdening the minor.

Under existing law, the court must rule on a petition within 48 hours, subject to certain circumstances authorizing the court to extend the initial deadline.

This bill would expressly authorize an extension of no more than 72 hours, except on request of the minor making the request.

Under existing law, the court may subpoena testimony or other evidence for the purpose of obtaining evidence necessary to promote consideration of and rule on a petition.

This bill would require a court, before issuing a subpoena, to state on the record why the evidence or testimony requested in the particular subpoena is necessary to promote consideration of the petition and why it does not unduly burden the minor.

To amend Section 26-21-4 of the Code of Alabama 1975; to provide further for parental consent and judicial waiver of consent for a minor to obtain an abortion.