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Other Reporting Requirements: The Act required certain reporting requirements of facilities that performed abortions.įive abortion clinics and a physician acting on behalf of himself and a class of doctors filed an action in Federal District Court.
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“Medical Emergency” Exception: The Act provided a definition of circumstances under which the an abortion may be performed without following the three provisions above.Spousal Notice: A married woman must verify that she notified her husband that she was obtaining an abortion.This provision allowed for a judicial bypass procedure. Parental Consent: A minor wanting an abortion must obtain the informed consent of one parent.Informed Consent: A woman wanting an abortion had to give informed consent and receive certain health information 24-hours prior to the procedure.At issue in the case were five provisions of the Act as follows: The State of Pennsylvania passed the Pennsylvania Abortion Control Act of 1982. Planned Parenthood of Southeastern Pennsylvania v. The Court found each of the Pennsylvania provisions constitutional (i.e., not placing an undue burden on the right to choose), except for the spousal notification provision.The Court, however, provided a new analysis for abortion restrictions - the “undue burden” standard. Wade, that the government cannot unduly infringe on a woman’s decision to have an abortion prior to fetal viability. Supreme Court reaffirmed the essential holding of Roe v. Those provisions included requirements of informed consent, a 24-hour waiting period, parental consent for minors seeking abortions, and spousal notification.
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