Issue update: parental notification.

Abstract

In 2 recent federal cases, parental notification provisions of state statutes regulating abortions have reached conflicting conclusions. Many state laws establish waiting periods or requirements that parents of a minor be notified when their daughter is seeking an abortion. Physicians and providers who are challenging the laws either seek an injunction of implementation of the law, or file a lawsuit seeking an unconstitutionality ruling. A case in point is Planned Parenthood Association of the Atlanta Area vs. Miller. The Georgia legislature passed a parental notification act that required a parent to accompany a minor patient to the clinic. A physician sued, and the district court enjoined the implementation of the act. In response, the state legislature eliminated the requirement, but it added a provision that required notification before the abortion could be performed. The Federal Court of Appeals upheld the law following a 1990 Supreme Court decision that upheld a 24-hour waiting period after parental notification before an abortion can be performed ion unmarried, unemancipated women under the age of 18. In contrast, the Illinois Parental Notice of Abortion Act that requires a waiting period and documentation of parental permission has been enjoined from implementation since 1983 when several physicians and minors seeking abortions successfully sued. Recently, the State of Illinois made a bid to have the injunction over the 24-hour period removed in view of the above court decisions, but the court concluded that these provisions were overly burdensome and maintained the injunction. Conflicting decisions are common in the complex and controversial laws on abortion. Nurses in maternal and child health areas are duty-bound to keep abreast of the current laws in their respective localities and states.