§ 16-34-2-4.2 — Aiding an unemancipated pregnant minor in obtaining an abortion without consent of parent or legal guardian or custodian prohibited; causes of action; limitations and immunities

Indiana § 16-34-2-4.2

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 34: ABORTION
• Ch. 2: Requirements for Performance of Abortion; Criminal

Text

2. (a) This section applies only if consent is
required under section 4 of this chapter and has not been given.
(b) This section does not apply to a person who aids or assists an
unemancipated pregnant minor who has obtained or is seeking to
obtain:
(1) parental consent; or
(2) a waiver of parental consent;
under section 4 of this chapter.
(c) A person may not knowingly or intentionally aid or assist an
unemancipated pregnant minor in obtaining an abortion without the
consent required by section 4 of this chapter.
(d) Except as provided in subsection (g), a person who violates
subsection (c) is civilly liable to the unemancipated pregnant minor and
the parent or legal guardian or custodian of the unemancipated
pregnant minor. A court may award damages to the unemancipated
pregnant minor or the parent or legal guardian or custodian of the
unemancipated pregnant minor who is adversely affected by a violation
of this section, including the following damages:
(1) Compensation for physical or emotional injury, without the
need of being physically present at the act or event.
(2) Attorney's fees.
(3) Court costs.
(4) Punitive damages.
However, an adult who engaged in or consented to another person
engaging in a sex act with a minor in violation of IC 35-42-4-3(a) or IC 35-42-4-9 that resulted in the pregnancy may not be awarded damages
under this subsection.
(e) An unemancipated pregnant minor does not have the capacity to
consent to any action in violation of this section or section 4 of this
chapter. A person may not use as a defense to a violation of subsection
(c) that the abortion was performed or induced with consent of the
unemancipated pregnant minor and otherwise met the requirements of
this chapter.
(f) The parent or legal guardian or custodian of the unemancipated
pregnant minor may petition a court to enjoin conduct that would
violate this section if the parent or legal guardian or custodian can
show that the conduct is reasonably anticipated to occur in the future.
A court may enjoin conduct that would violate this section.
(g) A person may not bring a cause of action under this section
against a person who is related to the minor as a:
(1) parent or stepparent;
(2) grandparent or stepgrandparent; or
(3) sibling or stepsibling.

Legislative History

As added by P.L.173-2017, SEC.5.