320px-Map_of_US_minor_abortion_laws.svg.png     No parental notification or consent laws      One parent must be informed beforehand      Both parents must be informed beforehand      One parent must consent beforehand

    Both parents must consent beforehand     Parental notification law currently enjoined

   &nbspParental consent law currently enjoined

Last month, Illinois picked up a latent case concerning parental notification of abortion laws and will be reinstating its requirement for minors to inform their parents of an abortion on August 4th. It is the doctor's responsibility to tell the parents, or face a fine or his or her license being revoked. The full run-down of the law in Illinois is after the jump. 38 states have similar laws that require notification,but not necessarily permission, from a parent in order to obtain an abortion. For a list on where your state stands on notification and consent, see Planned Parenthood's site.

How do you feel about these laws? Are they a step back for reproductive and women's rights? Or are they necessary for the health and safety of minors?

-Celeste

Photo courtesty of Wikipedia, via USMinorAbortionLawsMap.ping

A. Notice Requirement

· The statute requires that an abortion provider in Illinois seeking to perform an abortion for a “minor” must give “at least 48 hours actual notice to an adult family member of the pregnant minor.”

· A “minor” is defined as a person (1) under the age of 18, (2) who has never been married, and (3) has not been legally emancipated under the Emancipation of Minors Act.

· The statute applies in the context of both medical and surgical abortions.

· “Adult family member” is defined as “a person over 21 years of age who is the parent, grandparent, step-parent living in the household, or legal guardian” of the pregnant teen.

· “Actual notice” is defined as “giving of notice directly, in person, or by telephone.”

· 48 hours “Constructive notice” may be given if actual notice is not possible after a “reasonable effort.” “Constructive notice” is defined as “certified mail to the last known address of the person entitled to notice, with delivery deemed to have occurred 48 hours after the certified notice is mailed.”

B. Notice is not required when:

· A patient under 18 years of age is or has been married or is legally emancipated under the Emancipation of Minors Act.

· The referring physician certifies in writing that he or she has given at least 48 hours notice to an “adult family member” of the pregnant minor.

· The minor is accompanied by an “adult family member.”

· Notice is waived in writing by an “adult family member.”

· The attending physician certifies in the minor’s medical record that a medical emergency exists and there is insufficient time to provide the required notice.

· The minor declares in writing that she is a victim of sexual abuse, neglect, or physical abuse by an “adult family member.” In this case, mandated reporting under the Abused and Neglected Child Reporting Act need not occur until after the abortion has been performed.

· The minor has obtained a court order waiving the notice requirement through the judicial bypass procedure.

A. Notice Requirement

· The statute requires that an abortion provider in Illinois seeking to perform an abortion for a “minor” must give “at least 48 hours actual notice to an adult family member of the pregnant minor.”

· A “minor” is defined as a person (1) under the age of 18, (2) who has never been married, and (3) has not been legally emancipated under the Emancipation of Minors Act.

· The statute applies in the context of both medical and surgical abortions.

· “Adult family member” is defined as “a person over 21 years of age who is the parent, grandparent, step-parent living in the household, or legal guardian” of the pregnant teen.

· “Actual notice” is defined as “giving of notice directly, in person, or by telephone.”

· 48 hours “Constructive notice” may be given if actual notice is not possible after a “reasonable effort.” “Constructive notice” is defined as “certified mail to the last known address of the person entitled to notice, with delivery deemed to have occurred 48 hours after the certified notice is mailed.”

B. Notice is not required when:

· A patient under 18 years of age is or has been married or is legally emancipated under the Emancipation of Minors Act.

· The referring physician certifies in writing that he or she has given at least 48 hours notice to an “adult family member” of the pregnant minor.

· The minor is accompanied by an “adult family member.”

· Notice is waived in writing by an “adult family member.”

· The attending physician certifies in the minor’s medical record that a medical emergency exists and there is insufficient time to provide the required notice.

· The minor declares in writing that she is a victim of sexual abuse, neglect, or physical abuse by an “adult family member.” In this case, mandated reporting under the Abused and Neglected Child Reporting Act need not occur until after the abortion has been performed.

· The minor has obtained a court order waiving the notice requirement through the judicial bypass procedure.

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The opinions expressed on the BUST blog are those of the authors themselves and do not necessarily reflect the position of BUST Magazine or its staff.




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