House File 2036
HOUSE FILE
BY ALONS, BAUDLER, BOAL,
DE BOEF, BODDICKER, WATTS,
CHAMBERS, LUKAN, ROBERTS,
and HAHN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a legal process for an adult pregnant woman
2 to obtain an abortion, including the appointing of a guardian
3 ad litem to represent the fetus, and providing a penalty.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5410YH 80
6 pf/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 146A.1 LEGAL PROCESS == ABORTION
1 2 == APPOINTMENT OF GUARDIAN AD LITEM FOR FETUS.
1 3 1. An adult pregnant woman seeking an abortion shall file
1 4 a petition in the district court of the county of the adult
1 5 pregnant woman's residence requesting approval for the
1 6 performance of an abortion.
1 7 2. Upon the filing of a petition pursuant to subsection 1,
1 8 the court shall appoint a guardian ad litem to represent the
1 9 fetus.
1 10 3. Within thirty days of the filing of a petition pursuant
1 11 to subsection 1, the court shall hold a hearing for the
1 12 purpose of balancing the interests of the fetus to continue to
1 13 full term and the rights of the adult pregnant woman seeking
1 14 the abortion.
1 15 4. The court shall render a decision within twenty=four
1 16 hours of the conclusion of the hearing and shall issue written
1 17 and specific findings of fact and conclusions of law
1 18 supporting the court's decision. The court shall furnish two
1 19 certified copies of the court's decision to the parties.
1 20 5. An expedited appeal of the final order shall be
1 21 available. The supreme court shall prescribe rules necessary
1 22 to ensure the expeditious disposition of proceedings brought
1 23 under this section.
1 24 6. A licensed physician shall not perform an abortion on
1 25 an adult pregnant woman without first obtaining a certified
1 26 copy of the court's decision ruling in favor of the adult
1 27 pregnant woman.
1 28 7. A licensed physician who knowingly performs an abortion
1 29 in violation of this section is guilty of a serious
1 30 misdemeanor.
1 31 8. For the purposes of this section:
1 32 a. "Abortion" means abortion as defined in section 146.1.
1 33 b. "Adult" means a person eighteen years of age or older
1 34 or a person who attains majority by marriage.
1 35 EXPLANATION
2 1 This bill requires that an adult pregnant woman who is
2 2 seeking an abortion file a petition in the district court in
2 3 the county of the adult woman's residence requesting approval
2 4 for the performance of an abortion. Upon the filing of the
2 5 petition, the court is directed to appoint a guardian ad litem
2 6 to represent the fetus. The court is directed to hold a
2 7 hearing within 30 days of the filing of the petition to
2 8 balance the interests of the fetus to continue to full term
2 9 and the rights of the adult pregnant woman seeking the
2 10 abortion. The court is to render a decision within 24 hours
2 11 of the conclusion of the hearing and is to issue written and
2 12 specific findings of fact and conclusions of law supporting
2 13 the court's decision. The court is to furnish two certified
2 14 copies of the court's decision to the parties. An expedited
2 15 appeal of the final order is to be available and the supreme
2 16 court is directed to prescribe rules necessary to ensure the
2 17 expeditious disposition of the proceedings.
2 18 The bill prohibits a licensed physician from performing an
2 19 abortion on an adult pregnant woman without first obtaining a
2 20 certified copy of the court's decision ruling in favor of the
2 21 adult pregnant woman. A licensed physician who knowingly
2 22 performs an abortion in violation of the bill is guilty of a
2 23 serious misdemeanor. The bill defines "adult" as a person 18
2 24 years of age or older or a person who attains majority by
2 25 marriage.
2 26 LSB 5410YH 80
2 27 pf/gg/14