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COL0518201219 GCA PERSONAL RELATIONS CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION 1 CHAPTER 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION SOURCE: Chapter added as §§ 4401-4411 by P.L. 31-155:2 (Jan . 4, 2012). Renumbered by Compiler to harmoniously fit this tit le. § 4A101. Definitions. § 4A102. Consent of One (1) Parent Required. § 4A103. Alternate Consent. § 4A104. Exceptions. § 4A105. Coercion Prohibited. § 4A106. Reports. § 4A107. Procedure for Judicial Waiver of Consent. § 4A108. Appeal Procedure. § 4A109. Penalties. § 4A110. Construction. § 4A111. Severability. § 4A101. Definitions. As used in this Chapter: (a) Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnos able pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with intent to: (1) save the life or preserve the health of an unbo rn child; (2) remove a dead unborn child caused by spontaneou s abortion; or (3) remove an ectopic

means is not an abortion if done with intent to: (1) save the life or preserve the health of an unbo rn child; (2) remove a dead unborn child caused by spontaneou s abortion; or (3) remove an ectopic pregnancy. (b) Coercion means restraining or dominating the choice of a minor female by force, threat of force, or deprivat ion of food and shelter. (c) Consent means a written statement signed by the mother, father, or legal guardian (or alternate person as d escribed in § 4A103) COL0518201219 GCA PERSONAL RELATIONS CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION 2 of the minor declaring that the affiant has been in formed that the minor intends to seek an abortion and that the affiant co nsents to the abortion. (d) Department means the Department of Public Health and Social Services. (e) Emancipated minor means any person under eighteen (18) years of age who is or has been married, or who has been legally emancipated. (f) Incompetent means any person who has been adjudged a disabled person and has had a guardian appointed fo r her pursuant to judicial proceeding and determination.

who has been legally emancipated. (f) Incompetent means any person who has been adjudged a disabled person and has had a guardian appointed fo r her pursuant to judicial proceeding and determination. (g) Medical emergency means a condition that, on the basis of the physician’s good-faith clinical judgment, so co mplicates the medical condition of a pregnant woman as to necessi tate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a bodily function. (h) Neglect means the failure of a parent or legal guardian to supply a child with necessary food, clothing, shelt er, or medical care when reasonably able to do so, or the failure to protect a child from conditions or actions that immediately and seriousl y endanger the child’s physical or mental health when reasonably a ble to do so. (i) Physical abuse means any physical injury intentionally inflicted by a parent or legal guardian on a child. (j) Physician or attending physician means any person licensed to practice medicine on Guam. The term includes me dical doctors and doctors of osteopathy.

ed by a parent or legal guardian on a child. (j) Physician or attending physician means any person licensed to practice medicine on Guam. The term includes me dical doctors and doctors of osteopathy. (k) Sexual abuse means any sexual contact or sexual penetration as defined in § 25.10(a)(8) and (9) of Chapter 25, Title 9, Guam Code Annotated, and committed against a minor by an adul t family member as defined in this Act, or a family member as defin ed in Chapter 13 of Division 1, Title 19, Guam Code Annotated, and as f urther provided for in Chapter 25, Title 9, Guam Code Annotated. § 4A102. Consent of One (1) Parent Required. COL0518201219 GCA PERSONAL RELATIONS CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION 3 Except in the case of a medical emergency, or except as provided in §§ 4A103, 4A104, or 4A107, if a pregnant female is les s than eighteen (18) years of age and not emancipated, or if she has bee n adjudged an incompetent person pursuant to judicial proceeding and determination, no person shall perform an abortion upon her unless, i n the case of a female who is less than eighteen (18) years of age, he or she first obtains the written consent of both the

g and determination, no person shall perform an abortion upon her unless, i n the case of a female who is less than eighteen (18) years of age, he or she first obtains the written consent of both the pregnant female and one (1) of her parents or a legal guardian; or, in the case of a female who is an inc ompetent person, he or she first obtains the written consent of her guardian. In deciding whether to grant such consent, a pregnant female’s parent or g uardian shall be advised of the risks involved in the abortion procedure, th e risks of post-partum syndrome, and alternative to the abortion, and shall consider only the child’s or ward’s best interests. § 4A103. Alternate Consent. If the minor patient declares in a signed written s tatement that she is a victim of sexual abuse, neglect, or physical abuse by either of her parents or legal guardian(s), then the attending physician shall obtain the written consent required by this Act from a brother or sist er of the minor who is over twenty-one (21) years of age, or from a stepparent or grandparent specified by the minor. The physician who intends to perform the abortion must certify in the patient’s medical record that he or she

twenty-one (21) years of age, or from a stepparent or grandparent specified by the minor. The physician who intends to perform the abortion must certify in the patient’s medical record that he or she has received the written declaration of abuse or neglect. Any physician rel ying in good faith on a written statement under this Section shall not be civilly or criminally liable under any provisions of this Act for failure to obt ain consent. § 4A104. Exceptions. Consent shall not be required under § 4A102 or § 4A103 of this Act i f: (a) the attending physician certifies in the patien t’s medical record that a medical emergency exists and there is insufficient time to obtain the required consent; or (b) consent is waived under § 4A107 of this Chapter . § 4A105. Coercion Prohibited. A parent or any other person shall not coerce a minor to have an abortion performed. If a minor is denied financial support by the minor’s parents, guardian, or custodian due to the minor’s refusal to have an abortion performed, the minor shall be deemed emancipated for the purposes of COL0518201219 GCA PERSONAL RELATIONS CH.

he minor’s parents, guardian, or custodian due to the minor’s refusal to have an abortion performed, the minor shall be deemed emancipated for the purposes of COL0518201219 GCA PERSONAL RELATIONS CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION 4 eligibility for public-assistance benefits, except that such benefits may not be used to obtain an abortion. § 4A106. Reports. (a) A monthly report indicating the number of conse nts obtained pursuant to this Act, the number of times in which exceptions were made to the consent requirement under this Act, the type of exception, the minor’s age, and the number of prior pregnancies and prior abortions of the minor shall be filed by any physicians performing any abortion or procedures to induce abortions with the Department of Public Heal th and Social Services on forms prescribed by the Department. A compilati on of the data reported shall be made by the Department on an annual basis and shall be available to the public. Specific names of minors or of incompetent persons covered by this Act shall not be included in the monthly report or any similar r eport generated by the Department of Public Health and Social Services and/or any

of minors or of incompetent persons covered by this Act shall not be included in the monthly report or any similar r eport generated by the Department of Public Health and Social Services and/or any other instrumentality of the government of Guam. (b) The Department of Public Health and Social Serv ices shall develop the forms necessary to gather the informati on required by this Section within sixty (60) days of the enactment of this Act. § 4A107. Procedure for Judicial Waiver of Consent. (a) The requirements and procedures under this Sec tion are available to minors and incompetent persons whether or not they are residents of Guam. (b) The minor or incompetent person may petition th e Superior Court of Guam for a waiver of the consent requirement and ma y participate in proceedings on her own behalf. The petition shall include a statement that the complainant is pregnant and unemancipated. The petition shall also include a statement that consent has not been waived, that the pregnant minor has been advised by her attending physician o f the risks involved in an abortion and the risk of post-partum syndrome, and that the complainant wishes to abort without obtaining consent, as

nt minor has been advised by her attending physician o f the risks involved in an abortion and the risk of post-partum syndrome, and that the complainant wishes to abort without obtaining consent, as provi ded pursuant to this Chapter. The court shall appoint a guardian ad litem for her. Any guardian ad litem appointed under this Act shall act to maintain the confidentiality of the proceedings. The court shall advise her that she has a right to court-appointed counsel, and shall provide her with counsel upon her request. COL0518201219 GCA PERSONAL RELATIONS CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION 5 (c) Court proceedings under this Section shall be confidential and shall ensure the anonymity of the minor or incompetent pe rson. All court proceedings under this Section shall be sealed. The minor or incompetent person shall have the right to file her petition in the court u sing a pseudonym, or using solely her initials. All documents related to this petition shall be confidential and shall not be available to the public. These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision

ll be confidential and shall not be available to the public. These proceedings shall be given precedence over other pending matters to the extent necessary to ensure that the court reaches a decision promptly. The court shall rule, and issue written findings of fact and conclu sions of law, within forty-eight (48) hours of the time the petit ion was filed, except that the forty-eight (48)-hour limitation may be extende d at the request of the minor or incompetent person. If the court fails to rule within the forty-eight (48)-hour period and an extension was not requested, then the petition shall be deemed to have been granted, and the consent req uirement shall be waived. (d) If the court finds, by clear and convincing evi dence, that the minor is sufficiently mature or well-informed to decide w hether to have an abortion, the court shall issue an order authorizing the minor to consent to the performance or inducement of an abortion withou t the consent of a parent or guardian, and the court shall execute the required forms. If the court does not make the finding specified in this Subsection or S ubsection (e) of this Section, it shall dismiss the petition.

ent or guardian, and the court shall execute the required forms. If the court does not make the finding specified in this Subsection or S ubsection (e) of this Section, it shall dismiss the petition. (e) If the court finds evidence that there is an in cidence of physical, sexual, or emotional abuse of the complainant by on e (1) or both of her parents, her guardian, or her custodian, or by a ma le person regardless of the family relationship, if any, who has physically, se xually, or emotionally abused her or caused her pregnancy, or that the not ification of a parent, guardian or custodian is not in the best interest of the complainant, the court shall issue an order authorizing the minor to consent to the performance or inducement of an abortion without the consent of th e parent guardian, or custodian. If the court does not make a finding specified in this Subsection or Subsection (d) of this Section, it shall dismiss the petition. (f) A court that conducts proceedings under this Se ction shall issue written and specific factual findings and legal con clusions supporting its decision, and shall order that a confidential record of the evidence a nd the judge’s findings and

his Se ction shall issue written and specific factual findings and legal con clusions supporting its decision, and shall order that a confidential record of the evidence a nd the judge’s findings and conclusions be maintained. At the hearing, the court COL0518201219 GCA PERSONAL RELATIONS CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION 6 shall hear evidence relating to the emotional developmen t, maturity, intellect, and understanding of the minor. (g) An expedited confidential appeal shall be available, as the Supreme Court of Guam provides by rule, to any mino r or incompetent person to whom the [circuit] court denies a waiver of consent. An order authorizing an abortion without consent shall not be subject to appeal. (h) No filing fees shall be required of any pregnan t minor who petitions the court for a waiver of parental consen t pursuant to this Act at either the trial or appellate level. § 4A108. Appeal Procedure. The Unified Judiciary of Guam is respectfully reque sted to establish rules to ensure that proceedings under this Act are handled in an expeditious and confidential manner, and to satisfy the require ments of the federal courts.

is respectfully reque sted to establish rules to ensure that proceedings under this Act are handled in an expeditious and confidential manner, and to satisfy the require ments of the federal courts. The rules promulgation process rules shall begin within one hundred twenty (120) days from the date of enactment of thi s Act. § 4A109. Penalties. (a) Any person who intentionally performs an abort ion with knowledge that or with reckless disregard as to whether the p erson upon whom the abortion is to be performed is an unemancipated min or or an incompetent person without obtaining the required consent is gu ilty of a felony of the 3 rd degree. It is a defense to prosecution under this Section t hat the minor falsely represented her age or identity to the physician to be at least eighteen (18) years of age by displaying an apparently valid gove rnmental record of identification such that a careful and prudent pers on under similar circumstances would have relied on the representati on. The defense does not apply if the physician is shown to have had indepen dent knowledge of the minor’s actual age or identity or failed to use due diligence in determining the minor’s age or identity.

he defense does not apply if the physician is shown to have had indepen dent knowledge of the minor’s actual age or identity or failed to use due diligence in determining the minor’s age or identity. (b) Failure to obtain consent from person(s) from w hom consent is required under this Act is prima facie evidence of failure to obtain consent and of interference with family relations in approp riate civil actions. Such prima facie evidence shall not apply to any other issue other than failure to inform the parents or legal guardian and interferen ce with family relations in appropriate civil actions. The civil action may be based on a claim that the COL0518201219 GCA PERSONAL RELATIONS CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION 7 act was a result of simple negligence, gross neglig ence, wantonness, willfulness, intention, or other legal standard of care. The laws of Guam shall not be construed to preclude the award of exemplary da mages in any appropriate civil action relevant to violations of this Act. Nothing in this Act shall be construed to limit the common law rights o f the parents or legal guardians.

ard of exemplary da mages in any appropriate civil action relevant to violations of this Act. Nothing in this Act shall be construed to limit the common law rights o f the parents or legal guardians. (c) Any person not authorized to provide consent under this Act who provides consent is guilty of a felony of the 3 rd degree. (d) Any person who coerces a minor to have an abort ion is guilty of a misdemeanor. § 4A110. Construction. (a) Nothing in this Chapter shall be construed or interpreted as making the conduct of an abortion illegal, when conducted pursuant to applicable law, this Chapter, and performed by a licensed medi cal physician. § 4A111. Severability. If any provision of this law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this law which can be given effect without the invalid provisions or applicatio ns, and to this end the provisions of this Act are severable. ---------- COL0518201219 GCA PERSONAL RELATIONS CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION