18-602. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds:
(a) That children have a special place in society that the law should reflect;
(b) That minors too often lack maturity and make choices that do not include consideration of both immediate and long-term consequences;
(c) That the medical, emotional and psychological consequences of abortion and childbirth are serious and can be lasting, particularly when the patient is immature;
(d) That the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of bearing a child or of having an abortion are not necessarily related;
(e) That parents, when aware that their daughter is pregnant or has had an abortion are in the best position to ensure that she receives adequate medical attention during her pregnancy or after her abortion;
(f) That except in rare cases, parents possess knowledge regarding their child which is essential for a physician to exercise the best medical judgment for that child;
(g) That when a minor is faced with the difficulties of an unplanned pregnancy, the best interests of the minor are always served when there is careful consideration of the rights of parents in rearing their child and the unique counsel and nurturing environment that parents can provide;
(h) That informed consent is always necessary for making mature health care decisions.
(2) It is the intent of the legislature in enacting section 18-609A, Idaho Code, to further the following important and compelling state interests recognized by the United States supreme court in:
(a) Protecting minors against their own immaturity;
(b) Preserving the integrity of the family unit;
(c) Defending the authority of parents to direct the rearing of children who are members of their household;
(d) Providing a pregnant minor with the advice and support of a parent during a decisional period;
(e) Providing for proper medical treatment and aftercare when the life or physical health of the pregnant minor is at serious risk in the rare instance of a sudden and unexpected medical emergency.
History:
[(18-602) 18-601, added 2000, ch. 7, sec. 1, p. 11; am. and redesig. 2001, ch. 273, sec. 2, p. 997; am. 2005, ch. 393, sec. 1, p. 1319 (2007, ch. 193, sec. 1, repealed 2005, ch. 393)]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Chapter 6 - ABORTION AND CONTRACEPTIVES
Section 18-601 - INTERPRETATION OF STATE STATUTES AND THE STATE CONSTITUTION.
Section 18-602 - LEGISLATIVE FINDINGS AND INTENT.
Section 18-605 - UNLAWFUL ABORTIONS — PROCUREMENT OF — PENALTY.
Section 18-606 - UNLAWFUL ABORTIONS — ACCOMPLICE OR ACCESSORY — SUBMITTING TO — PENALTY.
Section 18-607 - ABORTIFACIENTS — UNAUTHORIZED SALE.
Section 18-608 - CERTAIN ABORTIONS PERMITTED — CONDITIONS AND GUIDELINES.
Section 18-608A - PERSONS AUTHORIZED TO PERFORM ABORTIONS.
Section 18-609A - CONSENT REQUIRED FOR ABORTIONS FOR MINORS.
Section 18-609F - REPORTING BY COURTS.
Section 18-609G - STATISTICAL RECORDS.
Section 18-610 - REFUSAL TO CONSENT BY PREGNANT WOMAN — EFFECT.
Section 18-611 - FREEDOM OF CONSCIENCE FOR HEALTH CARE PROFESSIONALS.
Section 18-612 - REFUSAL TO PERFORM ABORTIONS — PHYSICIANS AND HOSPITALS NOT LIABLE.
Section 18-613 - PARTIAL-BIRTH ABORTIONS PROHIBITED.
Section 18-614 - DEFENSES TO PROSECUTION.
Section 18-615 - CRIMINAL ACT TO COERCE OR ATTEMPT TO COERCE A WOMAN TO OBTAIN AN ABORTION.
Section 18-616 - SEVERABILITY.
Section 18-617 - CHEMICAL ABORTIONS.
Section 18-618 - CIVIL CAUSES OF ACTION.
Section 18-619 - ANONYMITY OF FEMALE.
Section 18-620 - CONSTRUCTION.