U.S.COURT OF APPEALS UPHOLDS PARENTAL NOTIFICATION LAW

WHEATON – The United State’s Court of Appeals for the 7th Circuit has removed the injunction on the Parental Notice of Abortion Act of 1995.  The Court was asked to consider the validity of the Act because of claims that judicial bypass provisions lack the language authorizing a state court judge to issue an order allowing an immature minor to consent to an abortion without notifying her parents when an abortion without notice would be in her best interests.

            The 1995 law, which requires notification to at least one adult family member, except in certain situations, was ruled incomplete and unenforceable because the Illinois Supreme Court in 1996 refused to enact rules which would allow for an expedited and confidential appeal from a denial of waiver of notice for a minor seeking an abortion.  At that point, the injunction became permanent.  In 2006, DuPage County State’s Attorney Joe Birkett requested that the Illinois Supreme Court reverse its decision and promulgate judicial bypass rules.  Accompanying Birkett’s request were proposed rules.  In September, 2006, the Court unanimously enacted judicial bypass rules under the leadership of then Chief Justice Robert Thomas. 

            Parental Notification Laws are in effect in all of Illinois’ surrounding states.  These laws require notification to a parent or an adult family member that a minor is considering an abortion.  These laws were passed because the overwhelming majority of Americans, whether pro life or pro choice, believe that notification to an adult family member is usually in the best interest of an un-emancipated minor.  Immature minors often lack the ability to make fully informed choices that consider both the immediate and long range consequences.  Parental consultation is usually in the best interest of the minor.

            In its decision, the Court noted that “by encouraging parental involvement, without requiring it where the minor is mature or such involvement will do more harm than good, laws such as the notice statute before us are, at least facially, closely tailored to serve the state’s important interest in making sure minor women make informed decisions about whether to have an abortion.”

            “I am extremely pleased that the Court has upheld the constitutionality of the Parental Notice of Abortion Act,” commented Birkett.  “Even for adults, the decision whether to have an abortion or not can be extremely difficult.  The enforcement of this law will now ensure that any decision by a minor to have an abortion is the result of a mature decision-making process with the minor and her parents and not just a knee-jerk reaction to an unwanted pregnancy.”

            Birkett praised the Illinois Supreme Court, Attorney General Lisa Madigan’s staff and DuPage County Assistant State’s Attorney Lisa Hoffmann for their collective efforts in restoring an important safeguard for any minor contemplating an abortion.

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