Tennessee § 37-10-301 - Legislative intent and findings.

§ 37-10-301. Legislative intent and findings.

It is the intent of the general assembly in enacting this parental consent provision to further the important and compelling state interests of: Protecting minors against their own immaturity; Fostering the family structure and preserving it as a viable social unit; and Protecting the rights of parents to rear children who are members of their household. The general assembly finds as fact that: Immature minors often lack the ability to make fully informed choices that take into account of both immediate and long-range consequences; The medical, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is immature; The capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related; Parents ordinarily possess information essential to a physician's exercise of the physician's best medical judgment concerning the child; and Parents who are aware that their minor daughter has had an abortion may better ensure that their daughter receives adequate medical attention after the abortion. The general assembly further finds that parental consultation is usually desirable and in the best interests of the minor. Acts 1988, ch. 929, § 1. Compiler's Notes. Acts 1995, ch. 458, §§ 1, 2 provided for the revival, reenactment and placing in full effect the provisions of §§ 37-10-301 — 37-10-307 , which require parental consent to perform an abortion on a minor. Cross-References. Abortion, title 39, ch. 15, part 2. Ambulatory surgical care centers terminating pregnancies, licensing, § 68-11-223 . Child Rape Protection Act of 2006, § 39-15-210 . Public school nurse program, title 68, ch. 1, part 12. Law Reviews. Assisting Minors Seeking Abortions in Judicial Bypass Proceedings: A Guardian ad Litem Is No Substitute for an Attorney, 55 Vand. L. Rev. 581 (2002). Attorney General Opinions. Health of the mother exception, defining gestation, OAG 97-062 (5/5/97). Imposing a mandatory parental consent requirement upon a pregnant minor’s ability to obtain an abortion, without allowing a judicial by-pass procedure, would be unconstitutional, OAG 04-055 (3/30/2004). Collateral References. Women's Reproductive Rights Concerning Abortion, and Governmental Regulation Thereof — Supreme Court Cases. 20 A.L.R. Fed. 2d 1. Validity, construction, and application of statutes requiring parental notification of or consent to minor's abortion. 77 A.L.R.5th 1.