§ 20-16-802 — Legislative findings and purpose

(a) The General Assembly finds that: (1) Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences; (2) The medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the minor is immature; (3) The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related; (4) Parents ordinarily possess information essential to a physician's exercise of his or her best medical judgment concerning the minor daughter; (5) Parents who are aware that their minor daughter has had an abortion may better ensure that she receives adequate medical attention after her abortion; and (6) Parental consultation is usually desirable and in the best interests of the minor. (b) Based on the findings in subsection (a) of this section, the General Assembly's purposes in enacting this enhancement to the State of Arkansas's parental notice law are to further the important and compelling state interests of: (1) Protecting minors against their own immaturity; (2) Fostering family unity and preserving the family as a viable social unit; (3) Protecting the constitutional rights of parents to rear children who are members of their household; (4) Reducing teenage pregnancy and abortion; and (5) In light of the foregoing statements of purpose, allowing for judicial bypasses of the parental notice requirement to be made only in exceptional or rare circumstances.

Legislative History

Added by Act 2015, No. 934,§ 1, eff. 7/22/2015, op. 1/1/2016.