130th Ohio General Assembly
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H. B. No. 287  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 287


Representative Adams 

Cosponsors: Representatives Wagner, Brinkman, Uecker, Huffman, Fessler, Wachtmann, Barrett, Goodwin 



A BILL
To enact section 2919.124 of the Revised Code relative to requiring paternal consent before an abortion may be performed.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2919.124 of the Revised Code be enacted to read as follows:
Sec. 2919.124. (A) As used in this section, "viable" has the same meaning as in section 2901.01 of the Revised Code.
(B)(1) When the fetus that is the subject of the procedure is viable, no person shall perform or induce an abortion on a pregnant woman without the written informed consent of the father of the fetus.
(2) When the fetus that is the subject of the procedure is not viable, no person shall perform or induce an abortion on a pregnant woman without the written informed consent of the father of the fetus.
(C)(1) A pregnant woman seeking to abort her pregnancy shall provide, in writing, the identity of the father of the fetus to the person who is to perform or induce the abortion.
(2) No pregnant woman seeking to abort her pregnancy shall fail to comply with division (B)(1) of this section.
(3) No pregnant woman seeking to abort her pregnancy shall provide to the person who is to perform or induce the abortion the identity of a man as the father of the fetus if the man is not the father of the fetus.
(D) No man shall give a consent pursuant to division (B)(1) or (2) of this section as the father of the fetus if the man knows that he is not the father of the fetus.
(E) No person shall cause a man to believe that the man is the father of a fetus for the purpose of obtaining the consent required by division (B)(1) or (2) of this section, if the person knows that the man is not the father of the fetus.
(F) If, pursuant to division (C)(1) of this section, the pregnant woman identifies two or more men as possible fathers of the fetus, the person who is to perform or induce the abortion shall perform a paternity test, or cause a paternity test to be performed, to determine the father of the fetus prior to accepting any consent required under division (B)(1) or (2) of this section and prior to performing or inducing an abortion of the pregnant woman's pregnancy. No person shall perform or induce an abortion in violation of this division.
(G) It is not a defense to a violation of division (B)(1) or (2) or (C)(2) of this section that the woman does not know the identity of the father of the fetus.
(H)(1) Divisions (B)(1) and (2) of this section do not apply if the pregnant woman provides to the person who is to perform or induce the abortion either of the following:
(a) A copy of a police report or a complaint, indictment, information, or other court document that gives the person who is to perform or induce the abortion reasonable cause to believe that the woman became pregnant as the result of rape or incest.
(b) A copy of a paternity test that gives the person who is to perform or induce the abortion reasonable cause to believe that the woman became pregnant as the result of incest.
(2) This section does not apply if the abortion is necessary, in appropriate medical judgment, to preserve the life or the health of the pregnant woman.
(I) The written consent required under division (B)(1) or (2) of this section and the written identification required in division (C)(1) of this section are confidential, are not public records under section 149.43 of the Revised Code, and shall be viewed only by the pregnant woman, the man claiming to be or the man identified as being the father of the fetus, the person who is to perform or induce the abortion, any law enforcement officer investigating a violation of this section, and a court and jury in a criminal case involving an alleged violation of this section.
(J) Whoever violates this section is guilty of abortion fraud, a misdemeanor of the first degree. If the person previously has pleaded guilty to or has been convicted of a violation of this section, abortion fraud is a felony of the fifth degree.
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