Wisconsin Petition to Waive Parental Consent for Abortion

State:
Wisconsin
Control #:
WI-SKU-1152
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PDF
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Petition to Waive Parental Consent for Abortion

The Wisconsin Petition to Waive Parental Consent for Abortion is a legal document used by minors in the state of Wisconsin who are seeking an abortion without the consent of a parent or legal guardian. This petition allows minors to seek a court order that waives the parental consent requirement under Wisconsin law. There are two types of Wisconsin Petition to Waive Parental Consent for Abortion: an ex parte petition and a hearing petition. An ex parte petition is filed when the minor is in an emergency situation and has no time to wait for a hearing. The court will consider the petition and decide whether to grant the waiver without a hearing. A hearing petition is filed when the minor does not have an emergency situation and has time to wait for a hearing. The court will hold a hearing where both parties can present their arguments before a judge makes a decision.

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Under the current Wisconsin ban, first passed in 1849 and amended over the years, it is a felony to perform nearly all abortions. Democratic Attorney General Josh Kaul filed the lawsuit just days after Roe v. Wade was overturned, leading to the old law being reinstated.

Elective abortions in Wisconsin became illegal after the overturning of Roe v. Wade by the Supreme Court of the United States on June 24, 2022. An 1849 law bans the procedure in all cases except when the life of the mother is in danger. The enforceability of the law is disputed and being considered by the state courts.

The Wisconsin law prohibiting nearly all abortions states: ?Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.? The prohibition was signed by Gov. Nelson Dewey on March 31, 1849.

The Wisconsin law prohibiting nearly all abortions states: ?Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.? The prohibition was signed by Gov. Nelson Dewey on March 31, 1849.

From the outset, it is important to note that Wisconsin law prohibits prosecuting women who obtain abortions. Section 940.13 provides that ?no fine or imprisonment may be imposed or enforced against and no prosecution may be brought against a woman who obtains an abortion.?

Democratic lawmakers said it would return the right to abortion access in the state. The bill "will restore access to safe, legal abortion in Wisconsin to what it was on June 23, 2022," the day before the fall of Roe, Evers said at a press conference announcing the legislation on Tuesday morning.

1973 All women have access to abortion, and Medicaid covers abortion.

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Wisconsin Petition to Waive Parental Consent for Abortion