HOUSE MEMORIAL 118

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Rick Little and Bob Wooley

A MEMORIAL

REQUESTING THE INTERIM LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE TO STUDY THE LEGAL RAMIFICATIONS OF THE LACK OF A REQUIREMENT FOR PARENTAL NOTIFICATION OF ABORTION FOR MINORS AND TO PROPOSE LEGISLATION TO ALIGN NEW MEXICO WITH OTHER STATES.

     WHEREAS, the state has an interest in protecting the health and welfare of minors; and

     WHEREAS, the state also has an interest in protecting the constitutional right of parents to raise their children; and

     WHEREAS, parents are responsible for the health, safety and welfare of their children; and

     WHEREAS, parents are responsible for providing and liable for payment of expenses associated with the medical care of their children; and

     WHEREAS, statewide school policies require parental notification and consent to any medical treatment of minors at school; and

     WHEREAS, the New Mexico department of health requires parental consent prior to dispensation of contraceptives to minors; and

     WHEREAS, parental notification and consent is required prior to any non-emergency medical consultation, care or treatment of minors except for abortion; and

     WHEREAS, if an abortion performed on a minor results in unforseen medical complications, the minor's parents will be liable for payment of the associated expenses; and

     WHEREAS, thirty-seven states have requirements for parental notification of or consent to abortion for minors; and

     WHEREAS, because of the lack in New Mexico of a requirement for notification of parents of a minor seeking an abortion, an abortion performed on a minor that results in unforseen consequences or detriment to the minor's health may result in liability of the state;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the interim legislative health and human services committee be requested to study the legal ramifications of the lack of a requirement to notify the parents of a minor seeking an abortion and develop proposed legislation to align New Mexico with other states; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council, the director of the legislative council service and the chair of the legislative health and human services committee.

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