Illinois bill would classify parent

Illinois Democrats are pushing legislation that would classify a parent’s refusal to provide their child with gender-transition care or abortion access as child abuse.

Introduced by Democratic state Rep. Anne Stava-Murray to the Illinois General Assembly, HB 4876 would amend the existing Abused and Neglected Child Reporting Act to define an “abused child” as any child who is denied “access to necessary medical care, including, but not limited to, primary care services, abortion services, or gender-affirming services,” according to the legislation.

Under the legislation, “consent to the performance of abortion services and gender-affirming services executed by a minor is not voidable because of such minority.”

Medical providers who would treat these Illinois children without parental consent would appear to face no legal repercussions under HB 4876.

The bill “provides that a health care professional rendering abortion services and gender-affirming services shall not incur civil or criminal liability for failure to obtain valid consent or professional discipline for failure to obtain valid consent if the health care professional relied in good faith on representations made by the minor.”

A minor in the state of Illinois would be considered to have the same legal capacity, despite not being 18 years old, as a person of legal age to seek abortion and gender-transition care so long as the provider deems that the minor comprehends both the benefits and risks of the treatment, the legislation said.

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Illinois law classifies child abuse as either a misdemeanor or a felony.

The former can result in a fine of up to $2,500 and probation or one year in prison, while the latter carries a fine of up to $25,000 and a sentence of up to 15 years in prison, according to the Chicago-area law firm Ktenas.

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