S. 294Senate117th Congress (2021-2023)In Committee

Parental Notification and Intervention Act

Sponsored by Mike BraunSen. Mike Braun (R-IN)
Introduced February 8, 2021

AI-Generated Summary

Updated February 7, 2026 at 10:25 PM UTC

The Parental Notification and Intervention Act requires any provider receiving federal funds who performs an abortion on an unemancipated minor under 18 to give the minor’s parent or legal guardian written notice, wait 96 hours, and follow any court injunction. It also lets parents sue in federal court to stop the abortion and imposes fines up to $100,000 and up to one year in prison for violations, with an exception for medical emergencies. The law applies to providers involved in interstate commerce or using federal funds and affects minors, their parents or guardians, and medical providers.

Key Provisions

  • Providers using federal funds must give written parental notification before performing an abortion on an unemancipated minor under 18
  • A 96‑hour waiting period must pass after parents receive notice before the abortion can proceed
  • Violations can be punished by fines up to $100,000, imprisonment up to one year, or both
  • An exception allows abortion without notification in a medical emergency that threatens the minor’s life
  • Parents may file a federal lawsuit to obtain a temporary injunction stopping the abortion
  • The term “parent” includes legal guardians
  • The Act does not preempt state laws that impose stricer notification or intervention requirements

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

February 8, 2021

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SenateIntro Referral

Introduced in Senate

February 8, 2021

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

February 8, 2021

Floor Debate

2 members

What members said about S. 294 on the floor

1 Republican1 Democrat
Mike Braun
Sen. Mike BraunR-IN · Mar 2, 2021

Mr. President, today I rise to ask that the Senate grant unanimous consent to pass a bill that restores parents' rights to be part of medical decisions for their children. More than 70 percent of…

Mazie K. Hirono
Sen. Mazie K. HironoD-HI · Mar 2, 2021

Mr. President, reserving the right to object, the majority of the minors who become pregnant tell their parents about the pregnancy even when they plan to seek an abortion. But it is not always…

Bill Text

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Introduced in SenateIssued February 8, 2021

II

117th CONGRESS

1st Session

S. 294

IN THE SENATE OF THE UNITED STATES

February 8, 2021

Mr. Braun (for himself, Mr. Inhofe, Mr. Rubio, Mr. Marshall, Mr. Scott of Florida, Mr. Rounds, Ms. Ernst, Mr. Paul, Mr. Cotton, Mr. Hagerty, Mr. Scott of South Carolina, Mr. Cramer, Mr. Moran, and Mrs. Hyde-Smith) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide for parental notification and intervention in the case of an unemancipated minor seeking an abortion.

1.

Short title

This Act may be cited as the Parental Notification and Intervention Act.

2.

Parental notification

(a)

In general

It shall be unlawful for any person or organization in or affecting interstate or foreign commerce or who solicits or accepts Federal funds to perform any abortion on an unemancipated minor under the age of 18, to permit the facilities of the person or organization to be used to perform any abortion on such a minor, or to assist in the performance of any abortion on such a minor if the person or organization has failed to comply with all of the following requirements:

(1)

The provision of written notification to the parents (as defined in subsection (f)) of the minor informing the parents that an abortion has been requested for the minor, except that such notification is not required for a parent if the physician is presented with documentation showing with a reasonable degree of certainty that a court of record in the minor's State of residence has waived any parental notification. The court of record shall not waive any parental notification requirement unless there is clear and convincing evidence of physical abuse of the minor by such parent.

(2)

Compliance with a 96-hour waiting period after notice has been received by the parents.

(3)

Compliance with any injunction granted under section 3 relating to the abortion.

(b)

Fine for violation

Whoever willfully violates subsection (a) shall be fined not more than $100,000 or imprisoned not more than one year, or both, for each violation.

(c)

Exception

Subsection (a) shall not apply with respect to an unemancipated minor for whom an abortion is sought if a physician (other than the physician with principal responsibility for making the decision to perform the abortion) makes a determination that—

(1)

a medical emergency exists which, with reasonable medical certainty, so complicates the medical condition of the minor that the death of the minor would result from the failure to immediately treat her physical condition even though the treatment may result in the death of her unborn child;

(2)

parental notification is not possible as a result of the medical emergency; and

(3)

certifications regarding compliance with paragraphs (1) and (2) have been entered in the medical records of the minor, together with the reasons upon which the determinations are based, including a statement of relevant clinical findings.

(d)

Parental notification requirements

For purposes of this section, any parental notification provided to comply with the provisions of subsection (a) for a parent shall be—

(1)

delivered personally to the parent; or

(2)

provided through certified mail in accordance with all of the following procedures:

(A)

The certified mail is addressed to the parent.

(B)

The address used is the dwelling or usual place of abode of the parent.

(C)

A return receipt is requested.

(D)

The delivery is restricted to the parent.

(e)

Limitation

A mother seeking an abortion, or upon whom an abortion is performed, may not be found liable for a violation of this section.

(f)

Parent defined To include legal guardian

For purposes of this Act, the term parent includes, with respect to an unemancipated minor, any legal guardian of the minor.

3.

Parental intervention

Any parent required to be notified pursuant to section 2 regarding an abortion of an unemancipated minor may bring an action in the Federal district court where the parent resides or where the unemancipated minor is located to enjoin the performance of the abortion. The court shall issue a temporary injunction barring the performance of the abortion until the issue has been adjudicated and the judgment is final. The court shall issue relief permanently enjoining the abortion unless the court determines that granting such relief would be unlawful.

4.

Preemption

Nothing in this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater parental notification requirements or intervention rights regarding abortion than those provided under this Act.

5.

Effective date and severability

(a)

Effective date

The provisions of this Act shall take effect upon its enactment.

(b)

Severability

The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.