Parental Consent for Prop 3
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H.B. 4104 – Rep. Gregory Alexander |
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Current Status H.B. 4104 was introduced on February 15, 2023, and was referred to the House Health Policy Committee. Description This bill prevents individuals under the age of 16 from exercising their right outlined in section 28 of article I of the state constitution without first receiving consent from a parent or guardian. This would require parental consent for contraception, abortion, sterilization, and infertility care (which would include donating eggs or sperm or becoming a surrogate). Background The language of section 28 of article I of the Michigan constitution repeatedly uses the term “individual” in relation to the newly enumerated right of “reproductive freedom,” which “entails the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.” The term “individual” is undefined and is different than any other section in the Michigan Constitution. Thus, this section of the Constitution could apply to adults and minors equally. H.B. 4104 clearly articulates that a minor cannot engage in any of the reproductive freedoms enumerated in Prop 3 without parental knowledge and consent. History In November of 2022, proposition 3 was enshrined in the Michigan Constitution as section 28 of article I and provides a fundamental right to reproductive freedom. There are several undefined terms in the new constitutional amendment including “individual” which, once clarified, could make the amendment clearer for doctors and safer for women and parents. Though there have been numerous cases outlining the rights of parents, over the past several years, attempts to reduce parental involvement has become evident. Having legislation to back up those parental rights will ensure the constitution cannot be used to override parents’ care and control of their children. |