Parental Notification
Mandating Parental Notification:
Government Restrictions on Adolescent Access to Abortion
What are Parental Notification Laws?
Parental consent bills require a parent or legal guardian of an unmarried woman under 19 to be notified and give consent at least 48 hours prior to the young woman obtaining an abortion. At least one parent must oversee the abortion decision of a minor. Laws that restrict minors’ access to abortion can actually harm the teens and families they purport to protect, by increasing illegal and self-induced abortions, family violence, suicide, later abortions, and teenage births. These laws force teenagers seeking abortions to travel out of state or acquire the permission of a judge. Under parental consent laws, the only way parental consent can be waived is if a young woman goes to family court, pleads her case, and the judge waives the requirement, or if her life is in immediate danger.
Are minors in New York required to obtain parental notification before obtaining an abortion?
In New York State, women of all ages may access medical services, including an abortion, without parental notification. Besides New York minors may obtain an abortion without notifying a parent or guardian in the following states: Alaska, California, Connecticut, Florida, Hawaii, Illinois, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Vermont, Washington, and Washington D.C.
Why does NARAL Pro-Choice New York oppose Parental Notifications?
-- Parental consent laws do not reduce the rate of unwanted teen pregnancies, nor do they deter determined young women from seeking abortion. Over 800,000 teens become pregnant unintentionally each year in this country.
-- Parental consent can increase the number of dangerous second trimester and illegal abortions by deterring pregnant teens from seeking safe, timely abortion. Requiring the parents, parent, or legal guardian of a young woman to be informed in writing 48 hours prior to the procedure being performed delays her access to the procedure and increases the risks involved. After a parental notification law was passed in Minnesota, second trimester abortions increased by 27%. After the first eight weeks of pregnancy, the risk of major complications from abortion increases 15-30% with each week of delay.
-- A lack of confidentiality between health caregivers and teenagers becomes a pressing concern by imposing parental notification requirements. Requiring parental involvement in obtaining abortion services not only restricts access to those services, but also hampers any trust relationship between youth and health caregivers. Without confidentiality, youth will be deterred from seeking out needed medical care for fear of adverse consequences.
-- The American Medical Association (A.M.A.) and the American Academy of Pediatrics (A.A.P.) oppose parental consent laws. According to the A.A.P, some minors may be physically or emotionally harmed if required to involve a parent in the abortion decision. Abuse is relevant concern amongst minors who choose not to inform a parent of an abortion decision
-- Abortion has long been considered a personal choice; an individual decision. Requiring parental consent or notification undermines that freedom.
-- A majority of minors who have abortions do so with at least one of their parent’s knowledge. Based on a national study, 61% of young women voluntarily notified at least one parent when seeking an abortion; those who do not are often the victims of sexual abuse, incest or domestic violence. Among those that chose not to inform their guardians, all chose to consult an adult.
What is happening in the U.S. Congress on Parental Notification?
In April 2003, the Child Custody Protection Act (CCPA) was reintroduced in the House of Representatives and the Senate. This bill makes it a federal crime to cross state lines with a minor with the intention of obtain abortion services when the specific parental notice requirement of her home state has not been satisfied. Criminal penalties would apply to any persons – regardless of blood or other relation. CCPA seeks to prevent minors from crossing state lines in order to obtain abortions because their home county does not have a provider.
In 1998, the bill passed the House by a margin of 276 to 150. Under threat of presidential veto (by then President Clinton) the Senate chose to not take the bill under consideration. In 1999, the legislation passed in the House of Representatives again, by a margin of 270 to 159, with the Senate opting again not to take it up for consideration. In June of 2004, the Senate Committee on the Judiciary held hearings on the notification issue. President Bush has signaled his support for the measure.
What is happening in New York State on Parental Notification?
In New York State, there is no parental notification requirement limiting minor access to abortions. Two identical bills (A.5640/S.3951) have been introduced in Albany: one in the New York State Assembly and the other in the New York State Senate. Assemblyman Reilich and Senator Padavan sponsored legislation proposing an amendment to the Public Health Law and the Family Court Act, requiring that at least one parent or legal guardian of unemancipated minors receive written notification within 48 hours prior to the physician’s performance of an abortion on that minor. Exceptions are made in the following three cases: (1) when the physician certifies that there is a medical emergency, (2) when the guardian certifies that they have been notified, (3) when Family Court issues an order dispensing with the notice requirement. The Assembly bill was defeated in a vote before the Assembly Health Committee in June 2004. No action has been taken on the Senate bill.
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