New Rules will require written parental consent for abortions

New rules will require written parental consent for abortions

Forms, which must be notarized, also warn teens of medical risks

Polly Ross Hughes, The Houson Chronicle, Sept. 1, 2006

AUSTIN - After 13 months of intense pressure from opposing factions, the state has adopted rules requiring written - and notarized - parental consent forms for girls under age 18 to get abortions.

The new forms span six pages, warn of medical risks and tout "women's right to know" brochures backed by abortion opponents, said those on opposite sides of the issue.

"There was just so much heat from so many different sources," said Dr. Donald Patrick, executive director of the Texas Medical Board, which adopted the rules. "We were trying to tread a pretty fine line. It's just sometimes hard to do when there are two diametrically different points of view."

The board plans to send a copy of the medical records rules regarding parental consent to the Texas Register next week.

The rules would take effect 20 days later.

Patrick said the governor's office backed the final form approved late last week, which requires parents' written consent be notarized, an administrative rule not required by the consent law.

"It's been a long-fought battle for this victory," declared Joe Pojman, executive director of Texas Alliance for Life, which opposes abortion. "I believe we will see a drop in abortions and pregnancies for girls 17 years and younger."

Parental consent legislation passed during the 2005 legislative session only after it was attached to a bill authorizing the continued existence of the Texas Medical Board.

Rep. Phil King, R-Weatherford, who sponsored the consent legislation, had complained that more than a year after its passage, the lack of an approved consent form might allow doctors and abortion clinics to skirt the law.

Abortion-rights advocates had opposed the consent form, as adopted, for several reasons, said Peggy Romberg, chief executive officer of the Women's Health and Family Planning Association in Austin.

"We didn't want them (the medical board) to exceed legislative authority," she said. "We also wanted any rules or regulation or form not to create a barrier to care that would delay services, because minors tend to deny they're pregnant."

Romberg said the rules adopted appear to be a product of intense political pressure from abortion foes.

"I have watched the medical board periodically. They've always seemed to keep above the ideological fray, the political fray," she said. "That did not seem to be the case this time."

Pojman said the rules adopted require signatures of the abortion provider, parent and minor girl on consent forms. Doctors also are required to use "due diligence," he added, to verify the age of women claiming to be 18 or older.

Fair Use Statement: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.