Requirements and Responsibilities

(a)A person shall not deny or deprive an infant of nourishment with the intent to cause or allow the death of the infant for any reason. COL10312014 CH. 91 INFANT CHILD’S RIGHT TO LIFE ACT

(b)A person shall not deprive an infant of medically appropriate and reasonable medical care and treatment or surgical care.

(c)The requirements of this Section shall not be construed to prevent an infant's parent(s) or guardian(s) from refusing to give consent to medical treatment or surgical care which is not medically necessary or reasonable, including care or treatment which either:

(1)is not necessary to save the life of the infant;

(2)has a potential risk to the infant’s life or health that outweighs the potential benefit to the infant of the treatment or care; or

(3)is treatment that will do no more than prolong the act of dying when death is imminent.

(d)The physician performing an abortion must take all medically appropriate and reasonable steps to preserve the life and health of an infant. If an abortion performed in a hospital results in a live birth, the physician attending the abortion shall provide immediate medical care to the infant, inform the mother of the live birth, and request the transfer of the infant to a resident, on-duty or emergency care physician, who shall provide medicallyappropriate and reasonable medical care and treatment to the infant. If an abortion performed in a facility other than a hospital results in a live birth, a physician attending the abortion shall provide immediate medical care and treatment to the infant and call 9-1-1 for an emergency transfer of the infant to a hospital that shall provide medically-appropriate and reasonable care and treatment to the infant.

(e)If the physician described in Subsection

(d)of this Section is unable to perform the duties in that Subsection because he is assisting the woman on whom the abortion was performed, then an attending physician's assistant, nurse, or other licensed healthcare provider must assume the duties outlined in that Subsection.

(f)Any infant, including one born in the course of an abortion procedure, shall be treated as a legal person under the laws of Guam, with the same rights to medically-appropriate care and treatment, and birth and death (if death occurs) certificates shall be issued accordingly.

(g)If, before the abortion, the mother and the father have stated in writing that they do not wish to keep the infant in the event that the abortion COL10312014 CH. 91 INFANT CHILD’S RIGHT TO LIFE ACT results in a live birth, and this writing is not retracted before the abortion, the infant, if born alive, shall immediately upon birth become a ward of Guam.

(h)No person may use any infant for any type of scientific research or other kind of experimentation except as necessary to protect or preserve the life and health of the premature born alive infant.