S. 3650 — Child Interstate Abortion Notification Act

This section establishes a new offense under 18 U.S.C. §2431 prohibiting any person (other than the minor or her parent) from knowingly transporting a minor across a state line—including to the District of Columbia, U.S. territories, or Indian reservations—with intent that the minor obtain an abortion in another state or foreign country, thereby violating the minor's state-of-residence parental involvement law (i.e., requiring parental notification or consent, or judicial proceedings, without alternatives such as notification to other persons or entities). Violators are subject to a fine, imprisonment for not more than one year, or both; exceptions apply if the abortion is medically necessary to save the minor's life from physical conditions related to the pregnancy; affirmative defenses exist for reasonable belief in prior parental involvement or judicial authorization; and parents may pursue civil remedies unless they committed incest with the minor. This section further establishes under 18 U.S.C. §2432 a separate offense—without the parental exception—for any person who has committed incest with a minor and knowingly transports her across a state line with intent that she obtain an abortion, subject to the same penalties and definitions as §2431. (Thus, the provisions criminalize interstate travel to evade approximately 37 states' parental involvement requirements for minors' abortions, while protecting minors and non-incestuous parents from prosecution.)

This section establishes a federal criminal offense, punishable by fine or imprisonment up to one year (or both), for a physician who knowingly performs or induces an abortion on a minor who resides in a state other than the state where the abortion occurs without providing at least 24 hours' actual notice (i.e., written notice in person) or constructive notice (i.e., certified mail, return receipt requested) to a parent of the minor. The notification requirement does not apply if (1) the abortion occurs in a state with its own parental involvement law and the physician complies; (2) documentation shows a court in the minor's state of residence has waived notification or authorized the abortion; (3) the minor declares in writing that she is a victim of parental abuse or neglect and the physician notifies child protective authorities in her state of residence; (4) the abortion is necessary to save the minor's life, with written notice to a parent required within 24 hours after the procedure; or (5) the minor is accompanied by a parent with documentation. This section further authorizes a harmed parent to seek civil relief (except if the parent committed incest with the minor) and defines key terms, including "minor" (under age 18 and not emancipated), "parent" (including guardian, legal custodian, or person in loco parentis), "physician," and "abortion" (intentional termination of pregnancy, excluding to save fetal life/health or remove a dead fetus).

This section amends the table of chapters at the beginning of part I of title 18, United States Code, by inserting entries for new chapters 117A (Transportation of minors in circumvention of certain laws relating to abortion) and 117B (Child interstate abortion notification).

This section declares the provisions of the Act severable and sets the effective date of the Act and its amendments as 45 days after enactment.