Tennessee § 37-10-307 - Civil actions.

§ 37-10-307. Civil actions.

Failure to obtain consent pursuant to the requirements of this part is prima facie evidence of failure to obtain informed consent and of interference with family relations in appropriate civil actions. The law of this state shall not be construed to preclude the award of exemplary damages in any appropriate civil action relevant to violations of this part. Nothing in this part shall be construed to limit the common law rights of parents. In addition to the action provided for in subsection (a), a person or entity that fails to comply with the notice requirements of § 39-15-202(a)(2) [See Compiler's Notes] shall be subject to the penalties and action provided for in § 39-15-202(a)(3) [See Compiler's Notes]. Acts 1988, ch. 929, § 7; 2010, ch. 790, § 3. Compiler's Notes. Acts 2010, ch. 790, § 1 provided that the act shall be known and may be cited as the “Freedom From Coercion Act.” 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. Section 39-15-202 , referred to in (b), was rewritten by Acts 2015, ch. 473, § 1, effective July 1, 2015. Current provisions relating to the notice requirements and penalties formerly found in subdivisions (a)(2) and (a)(3) may now be found in § 39-15-202(i) . Cross-References. Research, photography, sale and experimentation on aborted fetuses, consent of mother required, § 39-15-208 . 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). Disciplinary Board Opinions. Right of attorney appointed on behalf of minor seeking abortion via judicial bypass procedure to decline the appointment for moral, religious or malpractice insurance reasons. Formal Ethics Opinion 96-F-140 (6/13/96). Attorney General Opinions. 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).