Putting Parents First Act
Latest action (30 Jul 1998): Introduced
What this bill does
S. 2380, the "Putting Parents First Act," would impose federal parental-involvement requirements in two areas. First, it would generally prohibit performing an abortion or prescribing an abortifacient to a woman under 18 unless the attending physician has obtained written consent from the minor and a parent or guardian, or a court order waiving that requirement through a judicial bypass process; violations could bring fines up to $25,000 and up to one year in prison. Second, it would require federally funded programs that distribute contraceptive drugs or devices to minors, or that provide abortion referrals to minors, to obtain a custodial parent's or guardian's written consent before doing so, again subject to a judicial bypass option. In both cases, bypass proceedings would be confidential, expedited, generally concluded within 72 hours, and eligible for expedited appeal.
The bill would affect minors seeking abortions, abortifacients, contraceptives, or abortion referrals through federally funded programs, as well as physicians and providers who would face new consent and documentation obligations and potential penalties. States could impose stricter parental-consent protections, and states using their own funds could choose to allow distribution of contraceptives or referral information without parental consent, provided they take affirmative action to do so. Existing state laws on reporting child abuse, molestation, sexual abuse, rape, or incest would remain unaffected.
The bill was introduced in the Senate on July 30, 1998, by Senator John Ashcroft and referred to the Committee on the Judiciary. It received no further action or vote before the end of the 105th Congress, meaning it did not become law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
TABLE OF CONTENTS: Title I: Parental Involvement in the Abortion Decision Title II: Parental Involvement in Decisions Concerning Contraceptives and Abortion Referrals Putting Parents First Act - Title I: Parental Involvement in the Abortion Decision - Prohibits, and sets penalties for, knowingly performing an abortion upon or prescribing an abortifacient to a pregnant woman under age 18 unless the attending physician has secured the informed written consent of the minor and: (1) the informed written consent of the minor's parent or guardian; or (2) a court order waiving the need for the parent's or guardian's consent pursuant to a judicial bypass procedure under this title. Requires a court to issue such an order if it finds by clear and convincing evidence on an individual basis that: (1) the process of obtaining such consent is not in the best interests of the minor petitioner; or (2) the minor petitioner is an emancipated minor. Sets forth procedures regarding confidentiality, filing of the petition, preference over other proceedings, findings, and expedited appellate review. (Sec. 103) Specifies that the provisions of this title shall not be construed to preempt State law provisions that provide greater protections to parents of minors seeking abortions. Title II: Parental Involvement in Decisions Concerning Contraceptives and Abortion Referrals - Requires all federally funded programs that provide for the distribution of contraceptive drugs or devices to minors or that provide abortion referrals to minors to obtain informed written consent of a custodial parent or custodial legal guardian prior to the provision of such drugs or devices or referral information to the minor, with an exception. Requires a court to issue an order waiving such requirement if it finds by clear and convincing evidence on an individual basis that: (1) the process of obtaining such consent is not in the best interests of the minor petitioner; or (2) the minor petitioner is an emancipated minor. Sets forth procedures regarding confidentiality, filing of the petition, preference over other proceedings, findings, and expedited appellate review. Specifies that nothing in this title shall be construed as prohibiting the distribution of contraceptive drugs or devices, or the provision of abortion referral information, to unemancipated minors without obtaining prior written parental consent if: (1) the distribution is paid for through the expenditure by a State of State funds, regardless of whether such State funds are provided as part of the State's contribution to a Federal program; and (2) the State takes affirmative action to allow the provision of such drugs, devices, or information through the use of State funds without requiring such parental consent.
Common questions
- What does S. 2380 do?
- S. 2380, the "Putting Parents First Act," would impose federal parental-involvement requirements in two areas. First, it would generally prohibit performing an abortion or prescribing an abortifacient to a woman under 18 unless the attending physician has obtained written consent from the minor and a parent or guardian, or a court order waiving that requirement through a judicial bypass process; violations could bring fines up to $25,000 and up to one year in prison. Second, it would require federally funded programs that distribute contraceptive drugs or devices to minors, or that provide abortion referrals to minors, to obtain a custodial parent's or guardian's written consent before doing so, again subject to a judicial bypass option. In both cases, bypass proceedings would be confidential, expedited, generally concluded within 72 hours, and eligible for expedited appeal. The bill would affect minors seeking abortions, abortifacients, contraceptives, or abortion referrals through federally funded programs, as well as physicians and providers who would face new consent and documentation obligations and potential penalties. States could impose stricter parental-consent protections, and states using their own funds could choose to allow distribution of contraceptives or referral information without parental consent, provided they take affirmative action to do so. Existing state laws on reporting child abuse, molestation, sexual abuse, rape, or incest would remain unaffected. The bill was introduced in the Senate on July 30, 1998, by Senator John Ashcroft and referred to the Committee on the Judiciary. It received no further action or vote before the end of the 105th Congress, meaning it did not become law.
- Has S. 2380 become law?
- Not yet. As of 30 Jul 1998, S. 2380 is introduced.
- Who sponsored S. 2380?
- S. 2380 was sponsored by Sen. John Ashcroft [R-MO, 1995-2000] (Republican-MO), with 0 cosponsors.
- What's the latest action on S. 2380?
- Introduced (30 Jul 1998).
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