As of July 14th this summer, the Court of Appeals dissolved the injunction that prohibited the implementation of the Illinois Parental Notice of Abortion Act of 1995. Effective August 4, 2009, all minors seeking an abortion are required to provide notification of their decision to an adult family member.
An adult family member is described as someone who is over 21 years of age, who is a parent, grandparent, step parent living in the household, or legal guardian of the pregnant minor. This legislation does not require the consent of the adult family member; the abortion-seeking teen need only to officially notify them prior 48 hours of the abortion. The adult family member must sign off that they are aware of your abortion plans. Prior to this law being implemented, a teen did not have to notify anyone of their abortion decisions.
Planned Parenthood's President and CEO, Steve Trombley, issued a Press Release stating the organization's stance on the court's ruling: "While we believe the court made an unfortunate ruling that puts teens' lives at unnecessary risk, Planned Parenthood of Illinois is committed to doing everything we can to make this new process as easy as possible for teens when the law goes into effect."
Minors do have the option of getting this requirement waived by going through the Judicial Bypass Process. In this instance, minors go before a judge and present to the judge and get permission, so they do not have to notify an adult family member. This process is decided up case by cases, and any minor can get a judicial bypass in the state of Illinois - there are no requirements nor qualifications necessary.
Through the American Civil Liberties Union, minors may seek the legal assistance of lawyers free of charge, and the hearing before the judge is free, too. Upon filing the papers for a Judicial Bypass Process, a judge from whichever county you decide to have your hearing in, will make a ruling within 48 hours.
The Judicial Bypass Process provides an alternative for teens who, for their own reasons, believe notifying an adult family member of their decision to abort will not be in their best interest.
Senior Vice President of External Affairs, Beth Kantor, commented, "Most teens do talk to their parents when making decisions about healthcare, but in some cases, that kind of communication is not possible. It's in those cases that mandatory parental notification laws don't help that parent-teen communication. A teen is not communicating with her parent because there could be something within that relationship that could put that teen in jeopardy if she told them."
A hearing through the Judicial Bypass Process is not the only option teens have, "...Imagine yourself as a 16 year old, not many people want to go before a judge and ask for a waiver," added Kantor.
The Planned Parenthood of Illinois is committed to fully complying with the law, but expressed that, "If our government and the courts really care about our teenage sons and daughters, it should focus on giving them the information they need to make responsible decisions and continue to encourage healthy family communication, not erect barriers to critical health care services.
Counseling is provided for all patients seeking an abortion, and regularly updated information regarding the Parental Notice of Abortion Act is available at www.ppil.org.
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