The Palm Beach Post has an article on teen girls going to court to have the parental notification waved before they have abortions. Abortion clinics are sending girls from Florida to mainly Orange and Palm Beach counties. Only Orange county immediately appoints a lawyer for these young women.
The best way to get fast and free lagal representation is the ACLU Path Project. Their phone number is (877) FLA-PATH or 877-352-7284.
NARAL has a page explaining the law.
Is the law enforceable?
Yes.
Who is considered a minor?
A young woman under the age of 18.
What is required - parental consent or parental notice?
Notice.
Who must be notified?
One parent.
Are there other trusted adults who may be notified instead?
No.
What is the process for providing notification?
A young woman may not obtain an abortion until at least 48 hours after actual notice is given in person or by telephone by the attending or referring physician to one parent. If actual notice is not possible after a reasonable effort has been made, 72 hours constructive notice by certified mail, return receipt requested, must be given. After 72 hours have passed, delivery is deemed to have occurred. Parental notice is not required if it is waived in writing by the person entitled to notice. The young woman may waive notice if she is or has been married, if she has been emancipated by a court, or if she already has a minor dependent child.
May the parental mandate be waived if a young woman is a victim of rape or incest?
No. However, the young woman may try to obtain a court order allowing the abortion if she is a victim of sexual abuse.
May the parental mandate be waived if a young woman is a victim of child abuse?
No. However, the young woman may try to obtain a court order allowing the abortion if she is a victim of child abuse.
May the parental mandate be waived if a young woman's health is threatened? Yes, but only if a medical emergency exists. A medical emergency is defined as a medical condition of the young woman that necessitates an immediate abortion to preserve her life or for which a delay will create "serious risk of substantial and irreversible impairment of a major bodily function."
May the parental mandate be waived under any other circumstances?
Yes, the young woman may try to obtain permission from a judge.
If a young woman must obtain permission from a judge, what is the process? She must secure a court order stating: (1) by clear and convincing evidence that: the minor is sufficiently mature to decide whether to terminate her pregnancy; (2) by a preponderance of the evidence that there is evidence of child abuse or sexual abuse by one or both parents; or (3) by the preponderance of the evidence that parental notice is not in her best interests.
Are there other significant requirements under the law?
No.
Has a court considered the constitutionality of this law?
Yes. Pro-choice advocacy groups challenged the parental notification law, which took effect on July 1, 2005, as an infringement upon the constitutional rights of both providers of abortion care and minors who seek abortions, but, in February of 2006, a federal judge upheld the law as constitutional. WomanCare of Orlando Inc v. Agwunobi, 4:05cv222-WS (N.D. Fla. February 10, 2006).
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The notification even in cases of incest showed me how politically cynical the law is. It's all about pleasing the culture war crowd. The reality is Republicans have no respect for these people.
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