Summary: H.R.3682 — 105th Congress (1997-1998)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (07/15/1998)

Child Custody Protection Act - Amends the Federal criminal code to prohibit and set penalties for transporting an individual under age 18 across a State line to obtain an abortion and thereby abridging the right of a parent under a law of the State where the individual 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 individual 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 individual resides, took place.

Authorizes any parent who suffers legal 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.