abortion; notarized consent; repeal

SB1220 - 572R - I Ver

REFERENCE TITLE:
abortion; notarized consent; repeal

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1220

Introduced by

Senators
Ortiz: Gonzales, Sears

AN
ACT

Amending section 36-2152, Arizona
Revised Statutes; relating to abortion.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-2152, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-2152.

Parental consent; exception; hearings; time limits; violations;
classification; civil relief; statute of limitations

A. In addition to the other requirements of this
chapter, a person shall not knowingly perform an abortion on a pregnant
unemancipated minor unless the attending physician has secured the written
and notarized
consent from one of the minor's parents or the
minor's guardian or conservator or unless a judge of the superior court
authorizes the physician to perform the abortion pursuant to subsection B of
this section.
Notwithstanding section 41-319,

The
notarized
statement of parental consent and the description
of the document
or notarial act recorded in the notary journal

are confidential and are not public records.

B. A judge of the superior court, on petition or
motion, and after an appropriate hearing, shall authorize a physician to
perform the abortion if the judge determines that the pregnant minor is mature
and capable of giving informed consent to the proposed abortion.� If the judge
determines that the pregnant minor is not mature or if the pregnant minor does
not claim to be mature, the judge shall determine whether the performance of an
abortion on her without the consent from one of her parents or her guardian or
conservator would be in her best interests and shall authorize a physician to
perform the abortion without consent if the judge concludes that the pregnant
minor's best interests would be served.

C. If the pregnant minor claims to be mature at a
proceeding held pursuant to subsection B of this section, the minor must prove
by clear and convincing evidence that she is sufficiently mature and capable of
giving informed consent without consulting her parent or legal guardian based
on her experience level, perspective and judgment. In assessing the
pregnant minor's experience level, the court may consider, among other relevant
factors, the minor's age and experiences working outside the home, living away
from home, traveling on her own, handling personal finances and making other
significant decisions. In assessing the pregnant minor's
perspective, the court may consider, among other relevant factors, what steps
the minor took to explore her options and the extent to which she considered
and weighed the potential consequences of each option. In assessing
the pregnant minor's judgment, the court may consider, among other relevant
factors, the minor's conduct since learning of her pregnancy and her intellectual
ability to understand her options and to make an informed decision.

D. The pregnant minor may participate in the court
proceedings on her own behalf.� The court shall appoint a guardian ad litem for
her.� The court shall advise her that she has the right to court-appointed
counsel and, on her request, shall provide her with counsel unless she appears
through private counsel or she knowingly and intelligently waives her right to
counsel.

E. Proceedings in the court under this section are
confidential and have precedence over other pending matters.� Members of the
public shall not inspect, obtain copies of or otherwise have access to records
of court proceedings under this section unless authorized by law. A
judge who conducts proceedings under this section shall make in writing
specific factual findings and legal conclusions supporting the decision and
shall order a confidential record of the evidence to be maintained, including
the judge's own findings and conclusions.� The minor may file the petition
using a fictitious name.� For the purposes of this subsection, public does not
include judges, clerks, administrators, professionals or other persons employed
by or working under the supervision of the court or employees of other public
agencies who are authorized by state or federal rule or law to inspect and copy
closed court records.

F. The court shall hold the hearing and shall issue
a ruling within forty-eight hours, excluding weekends and holidays, after
the petition is filed. If the court fails to issue a ruling within
this time period, the petition is deemed to have been granted and the consent
requirement is waived.

G. An expedited confidential appeal is available to
a pregnant minor for whom the court denies an order authorizing an abortion
without parental consent. The appellate court shall hold the hearing
and issue a ruling within forty-eight hours, excluding weekends and
holidays, after the petition for appellate review is filed.� Filing fees are
not required of the pregnant minor at either the trial or the appellate level.

H. Parental consent or judicial authorization is not
required under this section if either:

1. The pregnant minor certifies to the attending
physician that the pregnancy resulted from sexual conduct with a minor by the
minor's parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal
guardian or foster parent or by a person who lives in the same household with
the minor and the minor's mother.� The physician performing the abortion shall
report the sexual conduct with a minor to the proper law enforcement officials
pursuant to section 13-3620 and shall preserve and forward a sample of
the fetal tissue to these officials for use in a criminal investigation.

2. The attending physician certifies in the pregnant
minor's medical record that, on the basis of the physician's good faith
clinical judgment, the pregnant minor has a condition that so complicates her
medical condition as to necessitate the immediate abortion of her pregnancy to
avert her death or for which a delay will create serious risk of substantial
and irreversible impairment of major bodily function.

I. A person who performs an abortion in violation of
this section is guilty of a class 1 misdemeanor.� A person who intentionally
causes, aids or assists a minor in obtaining an abortion in violation of this
section is guilty of a class 1 misdemeanor.� A person is not subject to any
liability under this section if the person establishes by written evidence that
the person relied on evidence sufficient to convince a careful and prudent
person that the representations of the pregnant minor regarding information
necessary to comply with this section are true.

J. In addition to other remedies available under the
common or statutory law of this state, one or both of the minor's parents or
the minor's guardian may bring a civil action in the superior court in the
county in which the parents or the guardian resides to obtain appropriate
relief for a violation of this section, unless the pregnancy resulted from the
criminal conduct of the parent or guardian.� The civil action may be based on a
claim that failure to obtain consent was a result of simple negligence, gross
negligence, wantonness, wilfulness, intention or any other legal standard of
care.� The civil action may be brought against the person who performs the
abortion in violation of this section and any person who causes, aids or
assists a minor to obtain an abortion without meeting the requirements of this
section. Relief pursuant to this subsection includes the following:

1. Money damages for all psychological, emotional
and physical injuries that result from the violation of this section.

2. Statutory damages in an amount equal to $5,000 or
three times the cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

K. A civil action brought pursuant to this section
must be initiated within six years after the violation occurred.

L. The consent required by this section must be
obtained on a form prescribed by the department of health services.� At a
minimum, the form must:

1. List the possible medical risks that may occur
with any surgical, medical or diagnostic procedure, including the potential for
infection, blood clots, hemorrhage, allergic reactions and death.

2. List the possible medical risks that may occur
with a surgical abortion, including hemorrhage, uterine perforation, sterility,
injury to the bowel or bladder, a possible hysterectomy as a result of a
complication or injury during the procedure and failure to remove the unborn
child that may result in an additional procedure.

3. List the possible medical risks that may occur
with a medication abortion, including hemorrhage, infection, failure to remove
the unborn child that may result in an additional procedure, sterility and the
possible continuation of the pregnancy.

4. Require the pregnant minor's and the pregnant
minor's parent's initials on each page of the form and a full signature on the
final page of the form.

5. Include a space for the notary's
signature and seal on the final page of the form.

M. The physician must maintain the form in the
pregnant minor's records for seven years after the date of the procedure or
five years after the date of the minor's maturity, whichever is longer.
END_STATUTE