Explaining 19GCA

Under Guam law, a minor may enter into any contract (except three types of contracts enumerated in 19 GCA 1106 which are not applicable here) subject to the right of the minor to disaffirm the contract.  19 GCA 1107. 

On Guam, as in most jurisdictions, a minor may disaffirm (that is, nullify) contracts that he or she has entered into and refuse to pay for or restore goods or services which the minor received pursuant to the contract. 19 GCA 1108. 

Thus, when a party contracts with a minor he does so under risk of non-payment. 

There are, however, several exceptions to the right of a minor to disaffirm.  One in particular states that a minor who seeks certain kinds of "medical care and services"  from a hospital or clinic may not later disaffirm the contract with the hospital or clinic under which he or she received the "medical care and services."  19 GCA 1108 and 1111.  

The purpose of this exception is, presumably, to avoid discouraging hospitals and clinics from providing medical treatment to minors who would otherwise represent a significant non-payment risk. 

Abortion does not figure largely in this statute.  Instead, 19 GCA 1111(a)(3) simply notes that for the purpose of  the "medical care and services" exception to a minor's right to disaffirm,  "medical care and services" does not include abortion. 

Thus, in the same way that a minor can disaffirm most contracts that he or she enters into, a minor may disaffirm a contract that she enters into with an abortionist to obtain an abortion. 

Of course, an abortionist can (and likely does) demand payment before rendering any services.  So, the right of a minor to disaffirm is unlikely to put the abortionist at any financial risk. 

More to the point, 19 GCA 1101 et seq. does not require a minor to obtain consent from a parent (or anyone else) prior to obtaining an abortion.  Moreover, 19 GCA 1101 et seq. does not in any way prevent, prohibit, or qualify an abortionist's right to carry out an abortion on a minor. 

Thus, there is no overlap or redundancy with respect to 19 GCA 1101 et seq. and Bill 323-31.
Ċ
Timothy Rohr,
Dec 13, 2011, 9:47 PM
Comments