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S. 851 · 108th Congress

Child Custody Protection Act

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IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

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Never voted on. It didn't reach a floor vote before the 108th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

Child Custody Protection Act - Amends the Federal criminal code to prohibit transporting a minor across a State line to obtain an abortion and thereby abridging the right of a parent under a law in force in the State where the minor resides requiring parental involvement in a minor's abortion decision.

What it does: CRS summary · Introduced in Senate · Apr 10, 2003
Child Custody Protection Act - Amends the Federal criminal code to prohibit transporting a minor across a State line to obtain an abortion and thereby abridging the right of a parent under a law in force in the State where the minor resides requiring parental involvement in a minor's abortion decision. Makes an exception if the abortion was necessary to save the life of the minor.

Specifies that neither the minor transported nor her parent may be prosecuted or sued for a violation of this Act.

Makes it an affirmative defense to a prosecution for, or to a civil action based on, such a violation that the defendant reasonably believed that before the minor obtained the abortion, the parental consent or notification or judicial authorization that would have been required had the abortion been performed in the State where the minor resides, took place.

Authorizes any parent who suffers harm from a violation to obtain appropriate relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by such law as a person to whom notification, or from whom consent, is required.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Child Custody Protection Act

Latest action (Jun 3, 2004): Committee on the Judiciary. Hearings held.

Policy area: Crime and Law Enforcement · Origin: Senate · Introduced: Apr 10, 2003

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.