Southwest Montana News

Montana Attorney General Austin Knudsen and Department of Public Health and Human Services Director Adam Meier issued an advisory to clarify the status of the Parental Notification of Abortion Act of 2011. The Montana Code indicates that House Bill 391 (2013) repealed parts of this law, but it does not reflect court decisions. Thus, these provisions remain current law.

The Parental Notification of Abortion Act was approved by over 70% of voters through LR-120 in 2012. It prohibits coercing a minor into having an abortion and mandates that a medical professional notify at least one parent or legal guardian 48 hours before performing an abortion on a pregnant minor.

“Over 70% of Montanans supported this commonsense law aimed at preventing the exploitation of vulnerable young girls,” the advisory states. “General Knudsen and Director Meier recognize LR-120 remains subject to legal challenge; however, until a court finally rules on the case—and several Montana judges have refused to do so for several years—it is the law of Montana, and it will be enforced.”

After LR-120's approval, the legislature passed House Bill 391 in 2013, which proposed replacing parental notification with parental consent for minors seeking abortions. However, a Helena judge enjoined this bill, keeping existing notification requirements intact. Therefore, LR-120 remains effective law under MCA §§ 50-20-221 to -225, -228 to -229, -232, and -235 (2011).

Violating this law can result in fines up to $500 and six months imprisonment for performing an abortion illegally. Coercing a minor into an abortion can lead to fines up to $1,000 for first offenses and $50,000 for subsequent ones, along with imprisonment up to one year initially and five years thereafter.

Several Montana judges have refrained from ruling on House Bill 391's case over the years, maintaining the "preliminary injunction" agreed upon by previous administrations.