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History
- Referred to health
- Referred to health
Full text
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Sponsor's memo
BILL NUMBER:S1684
Title of bill
An act to amend the public health law and the family court act, in relation to notice of abortions performed on unemancipated minors
Purpose or general idea of bill
This legislation provides that at least one parent ox legal guardian of unemancipated minors (under age 18), receive written notification from a physician of his/her agent within 48 hours prior to the physician's performance of an abortion on that unemancipated minor.
Notification is not necessary and is deemed waived under the following conditions:
(a) When the attending physician certifies that a medical emergency exists, based on the physician's good faith clinical judgment that an abortion is necessary to prevent the death or substantial and irreversible impairment of bodily function of the minor. (b) The person(s) entitled to notification certifies that they have been notified. (c) The minor objects to notification and obtains an order from the Family Court dispensing with such notice. The court's decision would be based on a finding that (1) the minor is sufficiently informed about her decision and therefore mature enough to make the decision without parental notification; and (2) the abortion is in the best interest of the minor.
This legislation provides for expeditious court proceedings and protects the child's anonymity, as required by the United States Supreme Court. Additionally, there are no fees required, court appointed counsel is available, and if necessary there is an expedited anonymous appeal.
Summary of provisions
The Public Health Law is amended by adding a new section 2507; Section 213(a) of the Family Court Act is amended by adding a new paragraph (ix).
This bill also creates a new Article 10-D of the Family Court Act, defining the role of family court when judicial intervention is necessary for a notification waiver.
Justification
Parents have traditionally been recognized as having rights when it comes to the rearing of their children. In New York State, parents are required by law to give permission when their minor child has a tooth drilled or bone x-rayed, but they do not even have to be notified when their daughter is pregnant and considering the invasive
surgery of abortion. Surely, parents have a right to know of a medical decision that could affect their daughter physically and emotionally for the rest of her life.
Because over 83% of abortions in New York State occur in outpatient clinics, a girl is unlikely to have the benefit of conferring with a trusted family physician about hex decision. Parental notification laws help to ensure that those who know her best talk to her about her medical history, the risks of abortion, and available alternatives.
When parental notification laws are in effect, teens become more sexually responsible. During the first five years that Minnesota's law was operative, abortion rates dropped over 27%, birth rates fell 12.5%, and pregnancies dropped 20.5% for minors aged 10-17.
Legislative history
2011/12: S4028 -Referred to Health 2009/10: A.2357-Held in Health 2007/08: A.2560 2005/06: A.6439. 2003/04: S.3951-Referred to Health 2001/02: S.3277-Referred to Health/A.7685 1999/00: S.4145-Referred to Health 1997/98: S.3151-Referred to Health 1995/96: S.3342-B- Passed Senate 1993/94: S.3225-A/A.5581-A
Fiscal implications
None.
Effective date
This act shall take effect on the nineteenth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.