Michael J. Holland - Paternal Protection Act

THE PATERNAL PROTECTION ACT

To protect the father's right to a relationship with his unborn child.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Paternal Protection Act of 200X'.

SEC. 2. FATHER’S RIGHT TO CHOICE.

(a) It shall be unlawful for a woman to make a unilateral decision to terminate a pregnancy, when the father of the unborn child desires that the pregnancy be carried to term, unless

(1) It cannot be ascertained with any degree of certainty as to the desire of the father regarding his unborn child or the father has no desire for the pregnancy to be brought to term.. Such examples include:

(A) Location of the father is unknown

(B) Father has chosen to abdicate any responsibility for the pregnancy.

(2) The pregnancy was a result of rape or incest.

(3) The pregnancy clearly poses a serious health risk to the mother’s health, as attested to by an Obstetric-Gynecologist (OB/GYN) certified by the American Board of Obstetrics and Gynecology.

(A) A certified OB/GYN making false attestations leading to the death of the unborn child shall be guilty of a felony, punishable by no less than 5 years in a federal penitentiary, and shall be permanently barred from medical practice within the United States.

(B) Anyone acting to influence a certified OB/GYN to make a false attestation in accordance with section 2(a)(3), or acting as an accessory to such, shall be guilty of a felony, punishable by no less than 5 years in a federal penitentiary.

(b) A woman shall have thirty days from the time she first discovers she is pregnant to make a good faith effort to inform the father. In the event that multiple individuals could be considered a “Potential Paternity Match” (PPM) for the unborn child, a good faith effort must be made to inform all parties as to the pregnancy, as well as disclosing the fact that PPM may or may not be the father of the unborn child. Upon learning of his potential paternity, any PPM may elect prenatal DNA testing (via Amniocentesis or CVS methodologies) and a DNA test for himself, at a cost to be born solely by the PPM, to establish paternity.

(c) Any woman making a unilateral decision to terminate a pregnancy that does not conform to the exceptions outlined pursuant to section 2(a)(1) through 2(a)(3) shall be guilty of a felony, punishable by no less than 5 years in a federal penitentiary

(d) All OB/GYN practitioners must require that both the mother and father of the unborn child draft or sign an “Intent to Abort Declaration” in the presence of the OB/GYN practitioner, which will be a written statement under oath as to the desire to have an abortion procedure performed. If the father is unable or unwilling to sign or draft such declaration in the manner outlined, due to such circumstances as outlined in section 2(a)(1)(A) through 2(a)(1)(C), then a sworn witness to the mother’s effort to locate and/or inform father pursuant to section 2(b) may sign the “Intent To Abort Declaration” in lieu of the father.

(e) Any designated witness or other person impersonating the father that falsely drafts or signs an “Intent to Abort Declaration” in lieu of the father, shall be guilty of a felony, punishable by no less than 5 years in a federal penitentiary.

(f) Any mother conspiring with a false witness as outlined in section 2(e) above shall be guilty of a felony, punishable by no less than 5 years in a federal penitentiary.

(g) All OB/GYN practitioners offering abortion services are required to keep DNA data of every aborted fetus for a minimum of 5 years from the date of abortion. DNA data must be associated with the aborting mother’s name and social security number, kept in a secure location, and treated as medical data in accordance with the Health Insurance Portability and Accountability Act (HIPAA). This DNA data shall be available upon request to any inquiring judicial body.

(h)Any failure to perform due diligence with respect to section 2(g) shall result in a fine of no less than $25,000, and an audit of DNA data storing and tracking procedures in relation to abortions performed.

(1) Any audit discovery of the failure to store and/or track a DNA sample as outlined in section (g) will result in a fine of no less than $10000 per infraction.

(i)In the event that a mother desires that the pregnancy be brought to term, but the father does not, or father is classified under section 2(a)(1)(A) through 2(a)(1)(B), or the nature of the pregnancy falls under section 2(a)(2), a mandatory post-natal DNA sequence test will be performed on the potential father, and once paternity is established, the father will make restitution to the mother for half of all medical and pregnancy related expenses, to include travel, time lost from work, and any other reasonably related expense. Thereafter, the mother is free to seek additional court mandated child support payments, and the biological father may only receive visitation or custody at the discretion of the mother.

(j)In the event that a father desires that a pregnancy be brought to term [assuming the pregnancy cannot be classified under section 2(a)(2) or 2(a)(3) ], a mandatory prenatal DNA sequence test will be performed on the unborn child and the father, at a cost born solely by the father. If paternity is established, the pregnancy must be brought to term. The father will make restitution to the woman for half of all medical and pregnancy related expenses, including travel to and from medical offices, time lost from work, and any other reasonable pregnancy related expense. Thereafter, the father is free to seek court mandated child support payments, and the biological mother may only receive visitation or custody at the discretion of the father. In the event that paternity cannot be established, the mother will then have the obligation to inform all other PPM’s and section 2(b) will apply.

(k) Any mother who kills or causes bodily injury to her unborn child when a father’s wishes conform to section 2(j) shall be guilty of a felony, punishable by no less than 5 years in a federal penitentiary.