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minr&o 06-17-19
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minr&o 06-17-19
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10/8/2019 11:10:44 AM
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Office Of Council
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Rules & Ordinances
Date
6/17/2019
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(b) In cases where the pregnant woman certifies in writing that the expectant father's <br />identity or whereabouts is unknown, or in cases where the attending physician certifies in <br />writing that the termination procedure is necessary to preserve the life of the pregnant <br />woman, such paternal notice is waived. <br />Comment: These two sections require notice to the spouse of one who is obtaining sterilization <br />surgery, or obtaining an abortion. Section 503.31 is inoperative as Planned Parenthood v. Casey <br />explicitly struck down a similar Pennsylvania provision, 505 U.S., at 894. It is also possible that <br />in light of Casey as well as cases such as Eisenstadt v. Baird, 405 U.S. 438 (1972), the provision <br />for spousal notification of a sterilization procedure may also be inoperative. <br />13. 503.32 SALINE ABORTION PROHIBITED. <br />No person shall perform or induce an abortion upon a pregnant woman by the method or <br />technique known as saline amniocentesis, whereby the amniotic fluid is withdrawn and a <br />saline solution is inserted into the amniotic sac for the purpose of killing the unborn child <br />and artificially inducing labor, unless the attending physician shall certify in writing that <br />in his best medical judgment there is no other abortion technique available to the <br />pregnant woman which presents less of a danger to her life or health. <br />Comment: This section may have become outdated as saline induced abortions are rarely <br />performed today. Alternatives are available in late term abortions, and the Lakewood ordinance <br />provides for them. There is therefore no likely issue where this section will be applied. <br />14. 503.33 CHILD BORN ALIVE. <br />(a) No person shall purposely take the life of a child born as a result of an abortion or <br />attempted abortion who is alive when separated from the uterine wall of the pregnant <br />woman. <br />(b) Any person who performs or participates in the performance of an abortion shall take <br />all reasonable measures to preserve the life of a child who is alive when separated from <br />the uterine wall of the pregnant woman <br />Comment: This section has more relevance today because of the murders committed by Dr. <br />Kermit Gosnell. The State of Ohio prohibits the practice under the chapter on Abortion <br />Manslaughter, O.R.C. 2919.93 <br />15. 503.34 EXPERIMENTATION PROHIBITED. <br />No person shall experiment upon or sell a child or unborn child or the remains of a child <br />or unborn child resulting from a pregnancy termination. Experiment does not include <br />autopsies performed according to law, nor does it include those medical techniques <br />protecting the life and/or health of the unborn child. <br />9 <br /> <br />
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