S. 3609: Woman’s Right To Know Act

This bill specifies requirements for informed consent that health care providers must obtain before performing an abortion procedure.

Providers must present a woman seeking an abortion with an authorization form at least 24 hours before performing the procedure. The form must (1) include specified information concerning gestational age, associated developmental characteristics, and medical risks; (2) disclose penalties that providers may face for failing to obtain the requisite informed consent; and (3) include an affirmation that the individual signing the form understands the information. The form must be signed and witnessed in person and retained in the medical file.

Providers do not have to obtain such consent if, in reasonable medical judgment, obtaining it would pose a greater risk of death or substantial physical impairment of a major bodily function, excluding psychological or emotional conditions, of the pregnant woman.

Written by the Congressional Research Service, Library of Congress.