Woman's Right to Know Act: a legislative history

Issues Law Med. 2012 Summer;28(1):3-67.

Abstract

This article provides a comprehensive legislative history of North Carolina's Woman's Right to Know Act of 2011. The Act requires informed consent and a mandatory twenty-four hour waiting period for abortion, thus protecting a woman's right to make an informed choice. Informed consent provisions and mandatory waiting periods give individuals making decisions the information and time necessary to make informed choices. The Act further provides that an ultrasound be performed and explained no less than four hours and no more than seventy-two hours before the abortion. The article first provides a brief overview of sources of legislative history recognized in North Carolina. It then details the history of the Woman's Right to Know Act, from the first informed consent bill introduced in 1981, to the passage of the 201l law, and to the federal court case that followed. Finally it provides specific objections that were raised against the bill and responses to each. Legislators considering similar legislation need to be aware of the opposition they inevitably will encounter when passing such a bill. The author expects that this history and the ultimate success of North Carolina will encourage other states' legislators and lawyers and give them the tools to make their case effectively.

Publication types

  • Legal Case

MeSH terms

  • Abortion Applicants / legislation & jurisprudence*
  • Abortion, Induced / legislation & jurisprudence*
  • Female
  • Humans
  • Informed Consent / legislation & jurisprudence*
  • North Carolina
  • Pregnancy
  • Ultrasonography, Prenatal
  • Women's Health / legislation & jurisprudence