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Parental Notification Laws for Abortion Cause Physical and Emotional Harm

Posted: 2/5/10

While Illinois has a mandatory parental involvement law on the books, it has long been enjoined. Thus, young women in Illinois who are capable of making their own abortion decision can do so with the guidance of their healthcare provider and other trusted adults. They are not forced to involve their parents where they do not feel safe doing so. However, the State is aggressively seeking to end that court protection for young women and to enforce the Illinois Parental Notification of Abortion Act. It is imperative to put an end to the threat of parental notification in Illinois, and to work to eliminate similar laws across the country.

I have seen first hand the harms that forced parental involvement impose on young women. My first clinic position in this field was as a counselor in Colorado before the state adopted parental notification. Every weekend I would counsel young women from the neighboring state of Utah, who had lied to their parents, borrowed money and often unreliable transportation, and driven long hours on strange highways and interstates to get to our clinic. It was not unusual to arrive at the clinic and find the young woman and the person who had traveled with her sleeping in a car.

They certainly didn't have money for lodging and scarcely enough for food. However, they so feared for their safety and their future that they were willing to go to extreme measures to avoid being forced to involve their parents in their unintended pregnancy. These young women feared being beaten or thrown out of their homes if their parents learned they were pregnant.

Granted, there are young women who voluntarily tell their parents; in fact, many young women come to our clinic with their mothers. Unfortunately, however, not all teens live in this reality. For those who would not otherwise tell a parent, these laws can impose irreversible physical and psychological harms. The health and well being of these young women depends of putting an end to these dangerous laws.

by Sally Burgess, director of the Hope Clinic in Belleville, IL

For more information, watch Lorie Chaiten of the ACLU on parental notification laws in IL

 

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While Illinois has a mandatory parental involvement law on the books, it has long been enjoined. Thus, young women in Illinois who are capable of making their own abortion decision can do so with the...
While Illinois has a mandatory parental involvement law on the books, it has long been enjoined. Thus, young women in Illinois who are capable of making their own abortion decision can do so with the...
 
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HUFFPOST BLOGGER
Reproductive Justice
12:43 PM on 02/10/2010
keep in mind, the US Supreme Court said that where the minor is mature enough to make a decision, she has the same constituti­onal right to make that decision without involving anyone else.
12:34 PM on 02/10/2010
I am disturbed, but not surprised, that many comments on this post support parental notificati­on. Anti-choic­e politician­s repeatedly trot out the easy argument about parental consent for ear piercing and aspirin dispensati­on in public schools. I suggest that laws requiring parental consent for those activities aim to protect jewelry shop owners and public school districts from lawsuits rather than to promote parental authority.

A closer look at legal regulation of adolescent­s’ medical decisions shows that, for example, women under 18 can consent to all medical procedures related to pregnancy, childbirth­, and infant care, when they decide to carry to term. All of these decisions may involve more medical risk than the abortion procedure, or than contracept­ive use. The Supreme Court, in Maher (1977), ruled that states may regulate in favor childbirth­. That thinking runs through statutes that allow adolescent women to make myriad decisions about pregnancy, but not about abortion or contracept­ion. The state apparently “trusts” adolescent­s to be mothers, but not to experience their sexuality responsibl­y.

Comments have been made here by parents, expressing concern that they might not be made aware of their daughters’ intimate decisions. I can reassure these parents that many pro-choice supporters have successful­ly raised daughters with these confidenti­ality rules in place, and those daughters have become healthy, successful women. Our society has a responsibi­lity to support adolescent women as they struggle to achieve responsibl­e sexual citizenshi­p. Trust women!
10:36 PM on 02/08/2010
Parental notificati­on laws could be made to work. States as diverse as South Carolina and Maine have provisions that permit teens to designate substitute caretakers such as a grandparen­t, or allow a doctor to find that the teen has good reasons not to notify a parent.

Most of these laws, however, are designed with one thing in mind: how to use the issue to play anti-abort­ion politics at the expense of the most vulnerable teens. Many states require the approval of both parents, for example, even though the majority of the teens affected may not necessaril­y live with both parents. In other states, the judges who conduct the hearings that allow teens to bypass parental notificati­on requiremen­ts inquire with "great interest" into the details of the sex that produced the pregnancy. The vast majority of teens DO consult their parents about abortion; it is the teens who have suffered the most abuse who cannot and they are just further humilated by this process.

For more on who passes these laws and why, see Naomi Cahn and June Carbone, Red Families v. Blue Families: Legal Polarizati­on and the Creation of Culture (Oxford, 2010), available on Amazon.
05:42 PM on 02/08/2010
Of course we all hope our daughters would come to us if they find themselves with an unintended pregnancy. Not all families are in a position to handle such an issue. I can think of several scenarios when that would not be seen as an option by a teen. What if her parents were less than supportive and she would be thrown out of the house if they found out? What if her parents were dealing with cancer and she believed they couldn't handle one more trauma? What if she knew from past experience that they would beat her? Wouldn't it be better for her to go to a safe clean clinic, speak with trained counselors who discuss all options open to her? I hope that my daughter would come to me, but if she feels uncomforta­ble doing so for whatever reason, I want her to have the option to go to Planned Parenthood or Hope Clinic and get the health care she needs. I would not want her to go to court and be questioned by a judge about her grades and her future plans before she gets "permissio­n" to have an abortion. That's humiliatin­g.
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HUFFPOST SUPER USER
Dan Bimrose
a liberal
03:49 PM on 02/08/2010
This is not my fight but It is absurd that a parent of a minor should not be involved with this decision. If the state can mandate parental consent to get a minor's ears pierced or to obtain a tattoo, I think it is perfectly reasonable for a state to mandate that a minor obtain parental consent before obtaining a life changing medical procedure.
HUFFPOST SUPER USER
JustMyWords
07:37 PM on 02/08/2010
You don't see having a child as being life-chang­ing?

When a woman gets pregnant, in one way it doesn't matter whether or not she gives birth. Because regardless of what choice she makes, her life is changed forever.
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HUFFPOST SUPER USER
Dan Bimrose
a liberal
09:21 PM on 02/08/2010
Of course I see having a child as life changing. I did not realize I had implied anything different.
03:28 PM on 02/08/2010
So, I didn't see the age limit for not requiring parental consent. Is it 18?
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03:08 PM on 02/08/2010
I do believe in a Woman’s right to choose,
I do believe in life at conception­,
I do believe a minor becomes an adult at 18.
And I am not religious
I also believe that a responsibl­e adult should be involved in a minor's decision to have an abortion. I think it should be a parent, but I recognize there are circumstan­ces where the parents should not be involved. And that is when a government or nongovernm­ental agency should be able to get involved and offer assistance­. It should not be easy for a minor get an abortion, or any life changing treatment. There are times a child's perception­s of what the Parents may or may not feel about an unplanned pregnancy are based on unsubstant­iated fears. Kids test parents limits all the time, everything from failing a spelling test to the big ones like drugs and alcohol. And any one at any given time will elicit the “if my parents find out they will…” type of reaction. When in fact we as parents learn to roll with the punches. I would hate to see a child who is afraid to face her parents for fear of what she thinks their reaction may be, make a choice like that without their counsel. Children learn from mistakes they make, and parents also learn from the mistakes their children make. Pregnancy is not the end of the world that some daughters, or parents may believe it be.
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HUFFPOST COMMUNITY MODERATOR
LisaLisa1234
11:22 AM on 02/09/2010
Very well said.
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HUFFPOST BLOGGER
Reproductive Justice
03:07 PM on 02/08/2010
Thanks to all for reading Ms Burgess's blog post -- it makes me very happy to see all this controvers­y here! So good to FINALLY see some variety of opinion on the Huff Post! For a while I was afraid we were all just agreeing with each other. Which would get us NOWHERE.
HUFFPOST SUPER USER
ramblin jack
02:33 PM on 02/08/2010
As usual extreme cases are used to justify whatever but this abuse and or death is way out there. Minors have parents and if they need persmissio­n for other medical procedures then why not abortion. Americans seem to have a hard time with middle of the road solutions it is always my way or the highway type of thinking.
HUFFPOST SUPER USER
JustMyWords
07:42 PM on 02/08/2010
So instead, let's make it a law that parents must consent before their minor daughter would be allowed to carry a pregnancy to term. Dammit, if those parents don't consent, and don't agree in writing to assume all responsibi­lity, financial and otherwise, for that baby, then mandatory abortion.

Sounds kind of silly when you put it that way, doesn't it? But it's the same logic. Giving birth is no less 'life changing' than having an abortion. If the state can require a parent's permission for an abortion, why not require it for childbirth­? Shoot, just think - an unfortunat­ely large percentage of those teenage mothers end up on unemployed and on welfare, even if only temporaril­y, because they can't support themselves and their child. Requiring parental consent for a baby would eliminate all those folks from the welfare rolls. Win/win.
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clearwaterclearmind
couldn't stand bush. can't stand obama for the sam
12:56 PM on 02/08/2010
um...

abortions cause physical and emotional harm as well.
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HUFFPOST SUPER USER
TheHandyman
Death...the last new experience you will ever have
01:56 PM on 02/08/2010
That is an overly broad statement. The exact same thing could be said about Chicken Pox. Or how about serving in the US Military? Experienci­ng a car accident?

What is at the heart of your comment is an attempt to justify forcing a woman to bear a child because you think an abortion has something to do with your silly belief in a mythical creator. Even if it were true that it exists, what a woman does or doesn't do is between her and it, not you or the other true believers.
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clearwaterclearmind
couldn't stand bush. can't stand obama for the sam
02:19 PM on 02/08/2010
talk about overly broad statements­.

i'm an atheist who happens to know several women who regret that particular decision more than anything else in their lives. one of them can't have children anymore because of it.

i'm not totally against abortion. i just think parents should be involved in their minors decisions.
03:40 PM on 02/08/2010
There is no one forcing a child to keep the child in clearwater­'s message.

The problem with laws like this is the based assumption is that you are born with crummy parents. And because "some" are ... let's create an abortion law for everyone. When a teenager gets pregnant ... even when they have good parents that will react responsibl­y, the automatic reaction from the child is to hide the pregnancy and abortion. They are young and need parental help in doing this ... not hide it.

I get the thought process that sometimes there are bad parents who will make the kid miserable. But it is a procedure, just like any other surgery ... and the parental approval needs to be there.

You are creating a very slippery slope by thinking the government can help our kids better than parents.
12:24 PM on 02/08/2010
How many of you out there that are not for parental consent have teenage girls at home?
I have a 4 yr old daughter and I 'll be damed if she is able to get an abortion without my consent.
What if there are complicati­ons and god forbid she dies. Someones ass is grass.
03:41 PM on 02/08/2010
right on Dallas!
05:38 PM on 02/08/2010
What if your daughter doesn't feel comfortabl­e telling you about this, maybe because she thinks you will kick her out of the house, or because she is pregnant due to a tragic situation (raped by a relative), or any other number of reasons - and she can't go to a qualified Dr. for an abortion without telling you, so she turns to other, unsafe methods? In an ideal world, your daughter will be open and honest with you about what is happening in her life. She will be able to tell you when she starts having sex, and she'll include you in her decision making process - especially about a decision as important as whether to carry a pregnancy to term - and many young people DO include their parents in this decision - I think the stat is somewhere around 80% of young women under the age of 18 do consult with a parent before having an abortion. But, there are cases where a young person needs to be able to make this decision without parental involvemen­t, so that they can make the best and safest decision for them in consultati­on with a doctor.
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12:19 PM on 02/08/2010
here's the thing, if something goes wrong/comp­lication from the abortion procedure, and the child is taken to the hospital, who is going to pay? The parents.

Every other elective surgery for a minor requires parental consent. Allowing some hack doctor perfrom surgery on my underage daughter without my permission­, is an amazing point of view for anyone to have.
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HUFFPOST SUPER USER
TheHandyman
Death...the last new experience you will ever have
02:15 PM on 02/08/2010
Oh, so your major concern is who has to foot the bill? I see, now that makes it perfectly clear and reasonable for troglodyte parents to interfere with their daughter getting an abortion. So if Panned Parenthood paid for these abortions would that be okay with you? Or would your confused narrow little mind come up with another equally absurd reason?

What you people don't get is when women get proper medical services the potential for a problem is minuscule. However, when you place restrictio­ns on that medical service then women are forced into risky situations with unforeseen consequenc­es.

And if this country had a single payer health care system like civilized countries do, the cost wouldn't be a factor now, would it? But since you like the gop you are against that too, quality medical care for everyone, right?
HUFFPOST SUPER USER
ramblin jack
02:28 PM on 02/08/2010
If the person in point is a minor then this "woman" comment is off base as till the person in question is 18 she is under parental authority.
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clearwaterclearmind
couldn't stand bush. can't stand obama for the sam
02:38 PM on 02/08/2010
the gop didn't rule out single payer before health care reform even got off the ground.

that was obama protecting the health insurance companies.
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HUFFPOST COMMUNITY MODERATOR
KIVPossum
Moldova Marsupial
09:10 AM on 02/07/2010
Parental notificati­on laws present a problem. Yes parents must sign for other medical procedures on a minor child. But, when an abortion is involved, even discountin­g the possibilit­y of incest, you have the possibilit­y of physical or psychologi­cal harm to the child by the parents. Notificati­on laws should leave a big window open for girls to get permission from someone other than a parent - a judge, a counselor, a social worker.
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HUFFPOST BLOGGER
Reproductive Justice
03:01 PM on 02/08/2010
Permission from someone other than a parent -- interestin­g idea.
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HUFFPOST COMMUNITY MODERATOR
KIVPossum
Moldova Marsupial
04:12 PM on 02/08/2010
No need to be flippant.
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HUFFPOST SUPER USER
KDog76A
Neither political party is good for America
03:05 PM on 02/08/2010
Notificati­on laws should leave a big window open for girls to get permission from someone other than a parent - a judge, a counselor, a social worker.

yeah create laws that take away the freedom of parents to raise their children as they see fit. Leave it to the government to choose how best to "parent."

You blame psychologi­cal harm to the child by the parents in this case... what about the psychologi­cal harm to the child caused by having sexual relations and getting pregnant?
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HUFFPOST COMMUNITY MODERATOR
KIVPossum
Moldova Marsupial
04:16 PM on 02/08/2010
Yeah, and whatg about the psychologi­cal harm to a girl whose parents make her sign a chastity pledge then she makes a mistake? No harm if she goes and tell her abstinence party sponsor - dad that she's preggypo? Sure, he'll stay calm and reasoned.

Or the girl that gets pregnant by sweet uncle fiddle-aro­und? She's going to talk to the parents?

Or the girl that started sleeping around to find a bit of love, however misplaced, because mom and dad have beat the sh(t out of her for a decade?

All homes aren't Ozzie and Harriet.
04:27 PM on 02/08/2010
I'm afraid I don't understand your last sentence. I'm not quite sure where to draw the line at "freedom to raise their children as they see fit" and reproducti­ve rights of the individual­, regardless of age. I mean... you can't beat a child, even if you believe that it'll make them into stronger people; parents in that case will have their custody removed. In contrast, a parent cannot MAKE a child have a particular medical treatment as well.

It's clear that children have rights as individual­s up to a point, and parents have rights as parents up to a point, and that government only has the right to step in at certain points. I guess it's just hard to define just what these points are.
08:09 AM on 02/07/2010
Interestin­g that in Illinois a minor cannot be treated for any other medical issue without either signed parental permission or the presence of the parent. Although I understand that some girls might suffer abuse - is there is not an equal chance their family could be very supportive­? I know countless families who have helped raise a teenager's baby as part of the family. Besides, what about the physical harm to the human life ripped from the womb? This is just another attempt by ALCU to support the rights of some at the expense of others. The unborn child, as a human life, should have the same right to life and potential happiness as as his or her mother.
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HUFFPOST SUPER USER
TheHandyman
Death...the last new experience you will ever have
02:37 PM on 02/08/2010
No, there isn't an equal chance that there would not be abuse. We live in a country dominated by the Christian Religion, not Rational Thought or even Science. Most people don't understand that this is an extremely sexually repressed society. What you Christians don't get is that your notion of the unborn child as a human is nonsense. But even if it weren't that does not give you the right to force someone to bear a child if they don't want to. I find your position as barbaric and as lacking in rational thought as those people who bury or stone to death a young girl for talking to a man. You are willing to allow any number of young women to be abused just so you can say that girls who are forced to bear and care for children they don't want is somehow a good thing. Ridiculous­. But I understand where you are coming from, your parents and your church brainwashe­d you into believing it. What is sad is that you have never questioned it and found how merciless that belief is!
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HUFFPOST SUPER USER
KDog76A
Neither political party is good for America
03:10 PM on 02/08/2010
"What you Christians don't get is that your notion of the unborn child as a human is nonsense"

okay then change the law that killing a pregnant woman is a double-hom­icide... you can't have it both ways...

and lets just toss out all that science involving the 3rd trimester.­.. when sonograms show the non-human fetus screaming as they get their arms and legs sucked off in the abortion process.

I think you are beligerant and intolerant of other beliefs to the point where you should be embarrasse­d. Look at your rant in response to a fairly valid and sensical point of view.
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HUFFPOST COMMUNITY MODERATOR
KIVPossum
Moldova Marsupial
04:31 PM on 02/08/2010
Sure there's a chance. But America no longer has gray areas....e­verything is my way, or your way. There is never anything in the middle.
HUFFPOST COMMUNITY MODERATOR
SMAckley
10:50 PM on 02/06/2010
Parents who would beat and abuse and abandon their daughters for an accidental pregnancy deserve no role in her decision about whether to become a teenage parent. Parents whose daughters fear them to the extent they would undergo this medical procedure without mommy's hand to hold have been very poor parents.

It's really sad that young women find themselves in this position, but bad parents should have no right to intrude.

Yes, I'm the mother of daughters. No, none of them have been unintentio­nally pregnant, but if they had I would have known about it and we would have dealt with it together.
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texastrixie
I invented the internet.
11:44 AM on 02/08/2010
I support abortion 100%, late-term, for any reason. But if someone under the age of majority (18) has sex and becomes pregnant, her parents need to be informed. If the young woman was truly responsibl­e, she would not have become pregnant! Having already exhibited that she lacked the understand­ing to avoid pregnancy, how can you assume she has the maturity and intellect to decide about having an abortion.

Yes, some girls will be abused, and some will be thrown out of their homes. Many (maybe most) will be forced to have a child they do not want. But if you cannot figure out birth control, will you really be able to understand the medical risks of the procedure, or know yourself well enough that you will not regret this decision. No, women who have abortions usually have no regrets. But a 15, 16, or 17 year old is not a woman, she is a child.
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HUFFPOST SUPER USER
TheHandyman
Death...the last new experience you will ever have
02:48 PM on 02/08/2010
Wrong. You have no sense of human physiology­. In 1964 I served in the Peace Corps in Africa. I knew women who by age 18 already had 6 or 7 children. They are women, not children. Sex is a biological imperative to perpetuate the species and nothing more. Of course it feels good and is fun because if it weren't we wouldn't do it! But your religion wants to control it and imposes all kinds of stupid sanctions on one of the most powerful drives we have.

I find your ignorance about birth control and access to it abominable­. Don't you get that the same people who want to deny abortion are the same people who also deny sex education and birth control. These are the "just say no" moo..rons that are responsibl­e for every teenage pregnancy and abortion that has happened.

I can't help but wonder what kind of women you are that buy into the notion that it is perfectly acceptable that some girls will be abused and thrown onto the streets and forced to bear a child they do not want, and don't forget that there will be another cycle of abuse here, just so parents can maintain some sort of rights.

As a man, I find these intolerabl­e and unacceptab­le.
12:29 PM on 02/08/2010
SMAckley, What makes you so sure you would know if your daughters would tell you if they were pregnant