Guam § 91 - Requirements and Responsibilities.

§ 91. Requirements and Responsibilities.

(a) A person shall not deny or deprive an infant of nourishment with

the intent to cause or allow the death of the infant for any reason.

COL10312014

CH. 91 INFANT CHILD’S RIGHT TO LIFE ACT

(b) A person shall not deprive an infant of medically appropriate and

reasonable medical care and treatment or surgical care.

(c) The requirements of this Section shall not be construed to prevent

an infant's parent(s) or guardian(s) from refusing to give consent to medical

treatment or surgical care which is not medically necessary or reasonable,

including care or treatment which either:

(1) is not necessary to save the life of the infant;

(2) has a potential risk to the infant’s life or health that outweighs

the potential benefit to the infant of the treatment or care; or

(3) is treatment that will do no more than prolong the act of dying

when death is imminent.

(d) The physician performing an abortion must take all medically

appropriate and reasonable steps to preserve the life and health of an infant.

If an abortion performed in a hospital results in a live birth, the physician

attending the abortion shall provide immediate medical care to the infant,

inform the mother of the live birth, and request the transfer of the infant to a

resident, on-duty or emergency care physician, who shall provide medically-

appropriate and reasonable medical care and treatment to the infant. If an

abortion performed in a facility other than a hospital results in a live birth, a

physician attending the abortion shall provide immediate medical care and

treatment to the infant and call 9-1-1 for an emergency transfer of the infant

to a hospital that shall provide medically-appropriate and reasonable care

and treatment to the infant.

(e) If the physician described in Subsection (d) of this Section is

unable to perform the duties in that Subsection because he is assisting the

woman on whom the abortion was performed, then an attending physician's

assistant, nurse, or other licensed healthcare provider must assume the duties

outlined in that Subsection.

(f) Any infant, including one born in the course of an abortion

procedure, shall be treated as a legal person under the laws of Guam, with

the same rights to medically-appropriate care and treatment, and birth and

death (if death occurs) certificates shall be issued accordingly.

(g) If, before the abortion, the mother and the father have stated in

writing that they do not wish to keep the infant in the event that the abortion

COL10312014

CH. 91 INFANT CHILD’S RIGHT TO LIFE ACT

results in a live birth, and this writing is not retracted before the abortion, the

infant, if born alive, shall immediately upon birth become a ward of Guam.

(h) No person may use any infant for any type of scientific research or

other kind of experimentation except as necessary to protect or preserve the

life and health of the premature born alive infant.