Terms Used In Montana Code > Title 50 > Chapter 20 > Part 5 - Parental Consent for Abortion Act

• Abortion: means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See Montana Code 50-20-104
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Coerce: means to restrain or dominate the choice of a minor by force, threat of force, or deprivation of food and shelter. See Montana Code 50-20-503
• Consent: means a notarized written statement obtained on a form and executed in the manner prescribed by 50-20-505 that is signed by a parent or legal guardian of a minor and that declares that the minor intends to seek an abortion and that the parent or legal guardian of the minor consents to the abortion. See Montana Code 50-20-503
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-20-104
• Emancipated minor: means a person under 18 years of age who is or has been married or who has been granted an order of limited emancipation by a court as provided in 41-1-503. See Montana Code 50-20-503
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Informed consent: means voluntary consent to an abortion by the woman upon whom the abortion is to be performed only after full disclosure to the woman by:

  (a)the physician who is to perform the abortion of the following information:

  (i)the particular medical risks associated with the particular abortion procedure to be employed, including, when medically accurate, the risks of infection, hemorrhage, breast cancer, danger to subsequent pregnancies, and infertility;

  (ii)the probable gestational age of the unborn child at the time the abortion is to be performed; and

  (iii)the medical risks of carrying the child to term;

  (b)the physician or an agent of the physician:

  (i)that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

  (ii)that the father is liable to assist in the support of the child, even in instances in which the father has offered to pay for the abortion; and

  (iii)that the woman has the right to review the printed materials described in 50-20-304; and

  (c)the physician or the agent that the printed materials described in 50-20-304 have been provided by the department and that the materials describe the unborn child and list agencies that offer alternatives to abortion. See Montana Code 50-20-104

• Medical emergency: means a condition that, on the basis of the good faith clinical judgment of a physician or physician assistant, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of the woman's pregnancy to avert the woman's death or a condition for which a delay in treatment will create serious risk of substantial and irreversible impairment of a major bodily function. See Montana Code 50-20-503
• Minor: means a pregnant female under 18 years of age who is not an emancipated minor. See Montana Code 50-20-503
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Physical abuse: means any physical injury intentionally inflicted by a parent or legal guardian on a minor. See Montana Code 50-20-503
• Physician: means a person licensed to practice medicine under Title 37, chapter 3. See Montana Code 50-20-503
• Physician assistant: means a person licensed pursuant to Title 37, chapter 20, who provides medical services under the supervision of a physician. See Montana Code 50-20-503
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Sexual abuse: has the meaning provided in 41-3-102. See Montana Code 50-20-503
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203