HOUSE DOCKET, NO. 126        FILED ON: 1/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2092


The Commonwealth of Massachusetts



Ellen Story


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to consent and counseling.






Date Added:

Ellen Story

3rd Hampshire


Danielle W. Gregoire

4th Middlesex


Carlo Basile

1st Suffolk


Sarah K. Peake

4th Barnstable


Michael J. Barrett

Third Middlesex


William N. Brownsberger

Second Suffolk and Middlesex


Frank I. Smizik

15th Norfolk


John W. Scibak

2nd Hampshire


David Paul Linsky

5th Middlesex


Tom Sannicandro

7th Middlesex


Thomas P. Conroy

13th Middlesex


Cory Atkins

14th Middlesex


Peter V. Kocot

1st Hampshire


Kenneth J. Donnelly

Fourth Middlesex


James B. Eldridge

Middlesex and Worcester


Stephen Kulik

1st Franklin


Jay R. Kaufman

15th Middlesex


Carl M. Sciortino, Jr.

34th Middlesex


Elizabeth A. Malia

11th Suffolk


Jonathan Hecht

29th Middlesex


Denise Provost

27th Middlesex


Gailanne M. Cariddi

1st Berkshire


Denise Andrews

2nd Franklin


Patricia D. Jehlen

Second Middlesex


Sean Garballey

23rd Middlesex


Jason M. Lewis

Fifth Middlesex


Martha M. Walz

8th Suffolk


Marjorie C. Decker

25th Middlesex


Louis L. Kafka

8th Norfolk


Lori A. Ehrlich

8th Essex


James J. O'Day

14th Worcester


Ruth B. Balser

12th Middlesex


Paul McMurtry

11th Norfolk


Kay Khan

11th Middlesex


Chris Walsh

6th Middlesex


John J. Binienda

17th Worcester


Kenneth I. Gordon

21st Middlesex


HOUSE DOCKET, NO. 126        FILED ON: 1/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2092

By Ms. Story of Amherst, a petition (accompanied by bill, House, No. 2092) of Ellen Story and others relative to consent and counseling of pregnant women under sixteen years of age.  Public Health.


SEE HOUSE, NO. 629 OF 2011-2012.]


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act relative to consent and counseling.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

The second paragraph of section 12S of chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the second, third, fourth, fifth, sixth, seventh, and eighth sentences and inserting in place thereof the following:-

If a pregnant woman is less than sixteen years of age and has not married, no physician may perform an abortion upon her unless the attending physician has received and made part of the medical record the written consent of the pregnant woman and: 

(1)the written consent of a parent, a legal guardian, a foster parent, or an adult family member twenty-five years of age or older; or   

(2)the authorization of a judge of the superior court department of the trial court; or   

(3)the written certification by an authorized individual that he has counseled the pregnant woman regarding alternative choices available to manage the pregnancy and the option of involving the woman's parents, guardians, or other adult family members in her decision-making. 

An authorized individual shall be either a medical professional registered under section two, nine F, seventy-four, or seventy-four A of this chapter, or a mental health professional licensed under section one hundred nineteen or one hundred thirty-one of this chapter.  The commissioner of public health shall prescribe a form for the authorized individual to use in certifying that he has provided counseling in accordance with this section.  A family member shall be one of the pregnant woman’s grandparents or their lineal descendants, including those by adoption, and spouses of any such persons. 

If a pregnant woman less than sixteen years of age has not married and she elects to seek the authorization of a judge of the superior court department of the trial court, the judge shall, upon petition or motion, and after an appropriate hearing, authorize a physician to perform the abortion if said judge determines that the pregnant woman is mature and capable of giving informed consent to the proposed abortion or, if said judge determines that she is not mature, that the performance of an abortion upon her would be in her best interests. A pregnant woman less than sixteen years of age may participate in proceedings in the superior court department of the trial court on her own behalf, and the court may appoint a guardian ad litem for her.