Step in right direction

Ohio legislature introduces bill preventing abortion without father's written
permission
Wednesday, September 2, 2009
By Anthrope1

HB 252, presently before the Ohio legislature, would prevent a woman from having
an abortion without written permission of the fetus' father. If the father is
unknown, possible fathers must be provided to the doctor and prenatal paternity
testing is required. If the father refuses testing, the abortion is denied.

As Introduced

128th General Assembly
Regular Session
2009-2010

H. B. No. 252

Representative Adams, J.

Cosponsors: Representatives Jordan, Huffman, Blessing, Morgan, Martin, Maag,
Wagner, Hall, Wachtmann, Combs, McClain, Derickson, Goodwin, Winburn, Uecker

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 physical health of the pregnant
woman.

(3) Divisions (B)(1) and (2) of this section do not apply if the father of the
fetus is deceased at the time of the abortion.

(I) The written consent required under division (B)(1) or (2) of this section,
the written identification required in division (C)(1) of this section, and the
results of a paternity test performed pursuant to division (F) 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.

Source:here

This is truly a step forward. Let's hope this proceeds forward.