50-20-502. Legislative purpose and findings. (1) The legislature finds that:

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Terms Used In Montana Code 50-20-502

  • Abortion: means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Montana Code 50-20-104
  • Minor: means a pregnant female under 18 years of age who is not an emancipated minor. See Montana Code 50-20-503
  • Physician: means a person licensed to practice medicine under Title 37, chapter 3. See Montana Code 50-20-503
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(a)immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences;

(b)the medical, emotional, and psychological consequences of abortion are sometimes serious and can be lasting, particularly when the patient is immature;

(c)the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related;

(d)parents ordinarily possess information essential to a physician in the exercise of the physician’s best medical judgment concerning the minor;

(e)parents who are aware that their minor daughter has had an abortion may better ensure that the daughter receives adequate medical care after the abortion; and

(f)parental consultation is usually desirable and in the best interests of the minor.

(2)The purpose of this part is to further the important and compelling state interests of:

(a)protecting minors against their own immaturity;

(b)fostering family unity and preserving the family as a viable social unit;

(c)protecting the constitutional rights of parents to rear children who are members of their household; and

(d)reducing teenage pregnancy and unnecessary abortion.