Illinois Parental Notification Law Takes Effect Tuesday

Main Category: Abortion
Also Included In: Pediatrics / Children's Health;  Women's Health / Gynecology;  Litigation / Medical Malpractice
Article Date: 03 Nov 2009 - 5:00 PST

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A law requiring Illinois physicians to notify parents of minors seeking abortion procedures is scheduled to take effect Tuesday, the Chicago Tribune reports. The law, which has been the subject of court battles and revisions for more than 30 years, is taking effect after a federal appeals court lifted a federal injunction preventing the 1995 statute from going into effect. The parental notification requirement is waived in medical emergencies or if the minor declares in writing she is a victim of sexual abuse. Minors can also bypass the law by going before a judge, who has 48 hours to rule on a petition. It is unclear how many women would be affected by the law. According to the Guttmacher Institute, there were 4,640 15 through 17 year olds in Illinois who received abortions in 2000. Abortion-rights proponents have filed legal challenges to block the law, which they argue violates the Constitution and could prevent minors from obtaining safe abortion care.

Opponents of the law are concerned that the courts are unprepared to handle petitions from minors seeking a bypass. Lorie Chaiten, director of the Reproductive Rights Project director for the American Civil Liberties Union of Illinois, said court personnel in some jurisdictions, especially in rural areas, are unfamiliar with the bypass process. ACLU of Illinois has been training lawyers and advocates to help minors with the court process.

The state will not actively police clinics' operations, the Tribune reports. A spokesperson for the Illinois Department of Financial and Professional Regulation said that the state would become involved if a complaint is filed and that doctors who show "willful failure" to provide parental notification could lose their medical licenses.

The law more closely aligns Illinois' restrictions with those of its neighboring states. Physicians must obtain parental consent to provide abortion care to minors in Indiana, Michigan, Missouri and Wisconsin, while Iowa requires parental notification (Olkon, Chicago Tribune, 11/2).

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