- (a) This section applies only if consent is required under section 4 of this chapter and has not been given.
(b) This section does not apply to a person who aids or assists an unemancipated pregnant minor who has obtained or is seeking to obtain:
- (1) parental consent; or
(2) a waiver of parental consent;
under section 4 of this chapter.
- (c) A person may not knowingly or intentionally aid or assist an unemancipated pregnant minor in obtaining an abortion without the consent required by section 4 of this chapter.
(d) Except as provided in subsection (g), a person who violates subsection (c) is civilly liable to the unemancipated pregnant minor and the parent or legal guardian or custodian of the unemancipated pregnant minor. A court may award damages to the unemancipated pregnant minor or the parent or legal guardian or custodian of the unemancipated pregnant minor who is adversely affected by a violation of this section, including the following damages:
- (1) Compensation for physical or emotional injury, without the need of being physically present at the act or event.
- (2) Attorney's fees.
- (3) Court costs.
(4) Punitive damages.
However, an adult who engaged in or consented to another person engaging in a sex act with a minor in violation of IC 35-42-4-3 (a) or IC 35-42-4-9 that resulted in the pregnancy may not be awarded damages under this subsection.
- (e) An unemancipated pregnant minor does not have the capacity to consent to any action in violation of this section or section 4 of this chapter. A person may not use as a defense to a violation of subsection
- (c) that the abortion was performed or induced with consent of the unemancipated pregnant minor and otherwise met the requirements of this chapter.
- (f) The parent or legal guardian or custodian of the unemancipated pregnant minor may petition a court to enjoin conduct that would violate this section if the parent or legal guardian or custodian can show that the conduct is reasonably anticipated to occur in the future. A court may enjoin conduct that would violate this section.
(g) A person may not bring a cause of action under this section against a person who is related to the minor as a:
- (1) parent or stepparent;
- (2) grandparent or stepgrandparent; or
- (3) sibling or stepsibling.
As added by P.L.173-2017, SEC.5.