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3896
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VETOES
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3. His lack of awareness of the performance of the
abortion might be because he is out of town at the time,
or because he and his wife are separated, or because they
are neither married nor living together. Where the
father is aware of the abortion, it is possible that the
mother of a child unwanted by her could conceal from the
father for at least a period of thirty days the fact that
the fetus was born alive.
4. In Planned Parenthood or Missouri v. Danforth, 49 L.
Ed. 2d 788 (1976), the Supreme Court held
unconstitutional a state law requiring the consent of the
father to the performance of an abortion performed during
the first twelve weeks of pregnancy. While the Court
thus recognized that the rights of the father are
secondary" to those of the mother in connection with the
abortion decision, we do not read that opinion as holding
that the same is necessarily true once a fetus has been
born alive following the performance of an abortion.
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Letter from State Law Department on
House Bill 1065
May 12, 1977
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The Honorable John Carroll Byrnes
5221 Loch Raven Blvd.
Baltimore, Maryland 21239
Dear Senator Byrnes:
You have requested our opinion regarding the impact
of the Supreme Court decision in Roe v. Wade, 410 U.S.
113 (1973), on current Maryland statutes regulating
abortion. For purposes of this opinion we are also
including the companion case Doe v. Bolton, 410 U.S. 179
(1973). Both cases address abortion issues, were decided
on the same day, and are to be read together, Roe v.
Wade, supra, 410 U. S. at 165.
Present state laws regulating abortion are found in
Article 43, Sections 137 and 139, Annotated Code of
Maryland (1971 Repl. Vol. and 1976 Cum. Supp.) 1
Article 43, Section 139 provides that:
"(a) A person is guilty of a misdemeanor if
he "(1) Sells or gives, or causes to be sold
or given, any drug, medicine, preparation,
instrument, or device for the purpose of
causing, inducing, or obtaining a
termination of human pregnancy other than by
a licensed physician in a hospital
accredited by the joint commission for
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