"Parental Notice of Abortion Act" Upheld by
1st District Court of Appeals - Great Victory for
Florida's Parents and Their Minor Daughters

DATE:      February 12, 2001

     TO:      State Pro-Life Coordinating Committee
                   Interested Others

FROM:    Lauran C. Stroffolino, Associate for Respect Life

       RE:    "Parental Notice of Abortion Act" Upheld by 1st District Court Of Appeals
                 Great Victory for Florida's Parents and Their Minor Daughters

    Friday's unanimous decision overturning the lower court and dissolving the injunction is a great victory for Florida's parents and their minor daughters.   The 1st District Court of Appeals said:  "Properly construed, the Act is not ... unconstitutional."  The Judges found:  "In facilitating parents' and guardians' involvement in caring for their immature minor daughters and wards as they recover from surgery, the Act serves a compelling state interest."    

    Parental Notification laws have been shown to dramatically decrease both teen abortion rates and teen birth rates in states where these laws have been enacted.  This law, brought forth by Representative Sandra Murman and Senator Charlie Bronson in 1999, restores the rights of parents to raise and protect their daughters.   In time, Florida's escalating abortion rate will likely decline.

WHAT WILL THE LAW DO?

Makes it illegal for a physician to perform an abortion on a minor unless that physician (or the referring physician) has given at least 48 hours actual notice to one parent or legal guardian of the pregnant minor of the physician's intention to perform the abortion.

WHAT ARE THE EXCEPTIONS?

1. For medical emergencies (for which there is insufficient time to provide notice)
2. If the minor has a dependent child
3. If notice is waived by parent
4. If the minor is or has been legally married.
5. If the court finds clear evidence that the minor is sufficiently mature to decide for herself.
6. If the court finds notification of either of her parents is not in the best interest of the child
7. If the court finds by clear evidence that there is physical or sexual abuse and that the notification is not in the best interest of
    the child.

Page 2
Memorandum RE: Parental Notice of Abortion
February 12, 2001

HOW IS THE "NOTIFICATION" DELIVERED TO THE PARENT?

1. Directly in person
2. By telephone
3. By certified mail (if actual notice is not possible after a reasonable effort, the physician must give constructive notice)

HOW DOES A MINOR PETITION FOR A WAIVER?  This petition process is working effectively in more than 27 states, including states with a constitutional "right to privacy" provisions.
1. A minor may petition any circuit court on her own behalf, or;
2. Upon a minor's request, a court may appoint a guardium ad litem for her.
3. Judges are able to provide appropriate and confidential protection for physically and sexually abused girls. A doctor cannot
    appoint a guardium ad litem, a judge can.

HOW MANY STATES HAVE PARENTAL INVOLVEMENT LAWS?

    Thirty-eight states have passed laws providing for parental consent or parental notification before a minor may obtain an abortion.  31 of these states have these laws "in force."  Migration to obtain an abortion is a reason for enacting more parental involvement laws.  Georgia, Alabama and Mississippi all have parental involvement laws in force.  Currently, Florida, with its rising abortion rate, is serving as a host state for those who may be migrating.

HOW WILL CHILDREN BENEFIT FROM THIS LAW?

    Parents need to know when someone performs surgery on their daughters, so the parent can watch for physical and mental complications such as serious infection and depression. Both of these can be life-threatening. When a child is injured by abortion, the parent is responsible for all follow- up care.  Because 80 percent of abortions on teenagers occur in outpatient clinics, a girl is unlikely to have the benefit of conferring with a family physician about her decision.  Parents are more likely to follow-up after surgery since many teens and preteens are not even old enough to drive.
    Teens have experienced serious complications and death from legal abortion in Florida.  The doctor, no matter how compassionate, is not responsible for the mental health of the young patients.  Her parents are.  Teenagers often lack the ability to make fully informed choices that take into account both immediate and long-range consequences.  The capacity for a teenager to become pregnant does not guarantee the capacity for mature judgement concerning the wisdom of an abortion.  If a doctor deems it medically necessary to give a child Tylenol, permission from parents must be first sought and obtained.
    Parental involvement legislation provides protection for cases where a child states she has been abused or neglected.  This "judicial by-pass" of parental notification will make it more likely that a minor girl who is being abused will get the help she needs.
   
    Ultimately this law will go to the Florida Supreme Court.  We hope their decision will provide that life threatening and life destroying surgery will no longer be performed on minor daughters in Florida without at least one parent's involvement.

    To read the entire 1st District Court of Appeals decision go to http://www.1dca.org