House Judiciary Subcommittee Approves Child Interstate Abortion Notification Act, USA

Main Category: Abortion
Article Date: 21 Mar 2005 - 17:00 PDT

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The House Judiciary Subcommittee on Thursday approved 7-2 a bill... (HR 748) that would make it a federal crime to circumvent a state's parental notification or consent law by transporting a pregnant minor to a state without such a law in order to allow her to undergo an abortion, CQ Today reports (Higa, CQ Today, 3/17). The bill, known as the Child Interstate Abortion Notification Act, includes an exception if an abortion is necessary to save the life of a pregnant minor and would allow minors to gain judicial bypass from a judge in their home state to avoid parental notification (Kaiser Daily Reproductive Health Report, 3/4). The bill would authorize fines or up to one year in prison for people who violate the measure. The measure also would allow parents who are not notified of their child's abortion to sue for civil damages. Before passing the measure, subcommittee members amended the bill to include a provision that would allow for and clarify instances where an individual could use an "affirmative defense" to avoid penalties, according to CQ Today. For example, defendants could argue that they "reasonably believed, based on communication with the parent of the minor" or based on court documents, that parental consent had taken place, according to CQ Today. No other amendments were offered on the measure, CQ Today reports. Rep. Jerrold Nadler (D-N.Y.) said that Democrats are "saving" their amendments until the full committee hearing, but he offered no details about potential amendments, according to CQ Today (CQ Today, 3/17). Sen. Rick Santorum (R-Pa.) in January said that passing legislation to avoid circumvention of state parental consent or notification laws is one of the top 10 legislative priorities for Republicans in Congress this session (Kaiser Daily Reproductive Health Report, 3/4).

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