Lawsuit Filed To Block Ill. Parental Notification Law That Would Take Effect Nov. 3

Main Category: Abortion
Also Included In: Pediatrics / Children's Health;  Litigation / Medical Malpractice
Article Date: 21 Oct 2009 - 4:00 PST

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A women's health clinic in Illinois and a physician have filed a lawsuit seeking to block a state law requiring parental notification before minors can obtain abortion care, the Chicago Tribune reports. A Cook County Circuit Court judge will hold a hearing on the request for a temporary restraining order on Nov. 2, one day before the law is scheduled to take effect. The suit alleges that the law would harm minors by preventing them from obtaining safe abortions or forcing them to carry their pregnancies to term. Other pregnant minors could "be beaten or thrown out of their homes when their parents learn of their pregnancy and planned abortion," the suit states.

According to the Tribune, a federal appeals court lifted a federal injunction blocking implementation of the law in July, clearing the way for it to take effect next month. The law allows minors to bypass the parental notification requirement by appearing before a judge, who has 48 hours to rule on the petition. A minor can also bypass the parental notification requirement if she declares in writing that she has experienced sexual abuse or if there is a medical emergency.

The plaintiffs in the case are the Hope Clinic for Women of Granite City, Ill., and Allison Cowett, director of the University of Illinois-Chicago's Center for Reproductive Health. The American Civil Liberties Union, which is representing the plaintiffs, is training lawyers and guardians to assist minors in the judicial bypass process if the suit is unsuccessful, the Tribune reports (Olkon, Chicago Tribune, 10/19).

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