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12-18-210. Prohibition on intentionally causing, aiding, abetting, or assisting a child to obtain an abortion without parental consent.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-18-210. Prohibition on intentionally causing, aiding, abetting, or assisting a child to obtain an abortion without parental consent.
(a)(1) A person shall not intentionally cause, aid, or assist a child to obtain an abortion without the consent or notification regarding judicial bypass of the requirement for consent under §§ 20-16-801, 20-16-804, and 20-16-805.
(2) Subdivision (a)(1) of this section does not affect § 20-16-808.
(b)(1) A person who violates subsection (a) of this section shall be civilly liable to the child and to the person or persons required to give the consent under § 20-16-801.
(2) A court may award:
(A) Damages to the person or persons adversely affected by a violation of subsection (a) of this section, including compensation for emotional injury without the need for personal presence at the act or event; and
(B) Attorney's fees, litigation costs, and punitive damages.
(3) An adult who engages in or consents to another person's engaging in a sexual act with a child in violation of the Arkansas Criminal Code, § 5-1-101 et seq., that results in the child's pregnancy shall not be awarded damages under this section.
(c) An unemancipated child does not have capacity to consent to any action in violation of this section.
(d) Upon a petition by any person adversely affected or who reasonably may be adversely affected by the conduct, a court of competent jurisdiction may enjoin conduct that would violate this section upon a showing that the conduct:
(1) Is reasonably anticipated to occur in the future; or
(2) Has occurred in the past, whether with the same child or others, and that it is not unreasonable to expect that the conduct will be repeated.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-18-210
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-18-210
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ca99ad0c21428aae2339a0699db13c3f5f96c05e14158cf89c329c1dba6ec92c
Source location: content.xml paragraph 9243
Stored source content
12-18-210. Prohibition on intentionally causing, aiding, abetting, or assisting a child to obtain an abortion without parental consent.
(a)(1) A person shall not intentionally cause, aid, or assist a child to obtain an abortion without the consent or notification regarding judicial bypass of the requirement for consent under §§ 20-16-801, 20-16-804, and 20-16-805.
(2) Subdivision (a)(1) of this section does not affect § 20-16-808.
(b)(1) A person who violates subsection (a) of this section shall be civilly liable to the child and to the person or persons required to give the consent under § 20-16-801.
(2) A court may award:
(A) Damages to the person or persons adversely affected by a violation of subsection (a) of this section, including compensation for emotional injury without the need for personal presence at the act or event; and
(B) Attorney's fees, litigation costs, and punitive damages.
(3) An adult who engages in or consents to another person's engaging in a sexual act with a child in violation of the Arkansas Criminal Code, § 5-1-101 et seq., that results in the child's pregnancy shall not be awarded damages under this section.
(c) An unemancipated child does not have capacity to consent to any action in violation of this section.
(d) Upon a petition by any person adversely affected or who reasonably may be adversely affected by the conduct, a court of competent jurisdiction may enjoin conduct that would violate this section upon a showing that the conduct:
(1) Is reasonably anticipated to occur in the future; or
(2) Has occurred in the past, whether with the same child or others, and that it is not unreasonable to expect that the conduct will be repeated.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-801. Title.
This subchapter shall be known and may be cited as the “Parental Involvement Enhancement Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-801
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-16-801. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-804. Notarized consent.
Except as otherwise provided in §§ 20-16-807 and 20-16-809, a physician shall not perform an abortion upon an unempancipated minor or upon a woman for whom a guardian or custodian has been appointed because of a finding of incompetency unless the physician first obtains the written consent of either parent or the legal guardian or custodian.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-804
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-16-804. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-805. Manner of consent.
(a) A physician shall not perform an abortion upon a pregnant woman unless:
(1) In the case of a woman who is less than eighteen (18) years of age, he or she obtains the notarized written consent of both the pregnant woman and one (1) of her parents or her legal guardian; or
(2) In the case of woman who is an incompetent person, the physician first obtains the notarized written consent of her legal guardian.
(b) The notarized written consent shall include without limitation the following information:
(1) The name and birthdate of the minor or incompetent woman;
(2) The name of the parent or legal guardian;
(3) A statement from the parent or legal guardian that he or she is aware that the minor or incompetent woman desires an abortion and that he or she does consent to the abortion; and
(4) The date.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-805
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-16-805. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-16-808. Venue.
The pregnant woman may petition a circuit court in the county in which she resides for a waiver of the consent requirement.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-16-808
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-16-808. This identifies an authority to review, not proof of applicability.