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PNA repeal back on the front burner

Monday, Oct 18, 2021

* The AP’s John O’Connor has a story on a possible repeal of the state’s Parental Notice of Abortion law. A quick excerpt

The 1995 law, adopted during the only legislative session in the past half-century that Republicans controlled both the House and Senate and the governor’s office, did not take effect until 2013, after years of judicial challenges by the American Civil Liberties Union.

Since then, the number of abortions among minors has dropped 38%, to 1,092 in 2018, while abortions overall among Illinois residents remained steady, according to Illinois Department of Public Health statistics. The numbers in both categories have plummeted since the mid-90s; overall, sinking 25% from a high of 49,131 in 1996 while abortions among minors hit a high of 4,853 in 1995 and a low of 1,003 in 2017, a drop of 79%. […]

Of 38 states requiring parental involvement in a minor’s abortion decision, 21 require parental consent — in three of those, both parents must consent, according to the Guttmacher Institute.

If a girl is in a family situation where notifying parents or other relatives would result in her harm, she may go to a judge who then decides whether she is mature and emotionally sound enough to decide for herself. That has happened 550 times since 2013, with a judge denying abortion access once, according to Brigid Leahy, senior director of public policy for Planned Parenthood of Illinois.

* The statute

No person shall knowingly perform an abortion upon a minor or upon an incompetent person unless the physician or his or her agent has given at least 48 hours actual notice to an adult family member of the pregnant minor or incompetent person of his or her intention to perform the abortion, unless that person or his or her agent has received a written statement by a referring physician certifying that the referring physician or his or her agent has given at least 48 hours notice to an adult family member of the pregnant minor or incompetent person. If actual notice is not possible after a reasonable effort, the physician or his or her agent must give 48 hours constructive notice.

Exceptions

Notice shall not be required under this Act if:

    (1) the minor or incompetent person is accompanied by a person entitled to notice; or
    (2) notice is waived in writing by a person who is entitled to notice; or
    (3) the attending physician certifies in the patient’s medical record that a medical emergency exists and there is insufficient time to provide the required notice; or
    (4) the minor declares in writing that she is a victim of sexual abuse, neglect, or physical abuse by an adult family member as defined in this Act. The attending physician must certify in the patient’s medical record that he or she has received the written declaration of abuse or neglect. Any notification of public authorities of abuse that may be required under other laws of this State need not be made by the person performing the abortion until after the minor receives an abortion that otherwise complies with the requirements of this Act; or
    (5) notice is waived under Section 25. [Judicial bypass]

Discuss.

* Related…

* Should Illinois repeal the Parental Notice of Abortion Act?

* Texas abortion law shutting down court avenue for teens

- Posted by Rich Miller        

6 Comments
  1. - Quibbler - Monday, Oct 18, 21 @ 10:04 am:

    Yes, PNA repeal is long overdue. The vast majority of youth considering abortion in Illinois already tell their parents. Those who don’t frequently can’t do so without risking abuse or being kicked out of their home. Under PNA, their options are to navigate an intimidating and unfamiliar court system to get a judicial bypass, or have an illegal abortion. With Illinois serving as a safe haven for abortion while surrounding states make it effectively illegal, this is one step the legislature can and should take now.


  2. - Nottapundit - Monday, Oct 18, 21 @ 10:26 am:

    Nice dodge for mandatory reporters in item 4, abort first, ask questions later. Isn’t the fetus evidence in an abuse case??


  3. - Moira - Monday, Oct 18, 21 @ 10:36 am:

    ==Nice dodge for mandatory reporters in item 4, abort first, ask questions later. Isn’t the fetus evidence in an abuse case??==

    I don’t see how this is a dodge if the abuse still must be reported. Wouldn’t medical documentation of a pregnancy suffice as evidence? Surely you are not suggesting that an abused child be forced to carry her abuser’s child in order to get justice for said abuse. Or that termination of the pregnancy should have to wait, for what? A criminal trial? We all know the timeline on that doesn’t work.


  4. - Anon - Monday, Oct 18, 21 @ 11:14 am:

    Hopefully they get this done. PNA repeal is long, long overdue.


  5. - illinifan - Monday, Oct 18, 21 @ 11:27 am:

    Time to repeal. Minors 12 and older can seek birth control, treatment for sexual abuse, get HIV tests and get health care while pregnant or once a parent obtain health care treatment without parental consent.


  6. - Justin - Monday, Oct 18, 21 @ 2:23 pm:

    I think it is time to repeal the PNA.


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