Parental Notice Law in Limbo

Youth News!
Illinois Caucus for Adolescent Health monthly e-newsletter
November 2009


Parental Notification Law In Limbo

Dear [fname],

Young women may soon be gravely impacted by a decades-old state law regarding abortion access.

As you’ll recall, on July 14 this year, the Seventh Circuit Court of Appeals lifted an injunction on the Illinois Parental Notice of Abortion Act of 1995. The law was scheduled to be fully enacted yesterday but now awaits further consideration.

Under the law, all young women will be required to notify a parent, grandparent, step-parent living in the household, or legal guardian at least 48 hours before obtaining an abortion. Alternatively, a young women can seek a judicial bypass by asking permission from a judge to receive an abortion without parental notification.

Parental involvement laws – either notification or consent – are, no doubt, very complex. While the laws are intended to protect young women, they sometimes have the opposite effect, as not all adolescents are able to safely involve their parents or legal guardian in their decision to terminate a pregnancy.

Illinois Law Harms Young Women

Parental notification puts the health of young women at risk. A study in the New England Journal of Medicine found that young women are more likely to obtain second trimester abortions when a parental notification law exist. Although abortion is among the safest surgical procedures for women, the risk of complications increases as a pregnancy progresses.

Major medical and public health associations such as the American Medical Association, American Public Health Association, and Society for Adolescent Medicine agree that parental involvement laws do not, in fact, protect young people. The American Academy of Pediatrics states that “mandating parental notification does not achieve the intended benefit of promoting family communication, but it does increase the risk of harm to the adolescent by delaying access to appropriate care.”

Research shows that the overwhelming majority of young women already notify a parent. In fact, the younger a girl, the more likely she is to confide in a parent. According to a study published in Family Planning Perspectives, 74 percent of 15-year-olds report that at least one parent knew about their decision to terminate a pregnancy. Among 14-year-olds, the number increased to 90 percent.

It's the most vulnerable young women -- those with physically or emotionally abusive parents or those threatened by homelessness -- who are impacted by these kinds of laws. As we often say in our parental notification trainings to youth and adults, “Young women who can, do. Those who can’t, can't.”

Politicians can not legislate good family dynamics. Parental involvement laws do not prevent potentially volatile and dangerous situations from arising once a young woman informs a family member of her intent to seek an abortion. Case in point: A 13-year-old girl in Massachusetts – a state with a parental involvement law – became pregnancy after being raped by her mother’s boyfriend. Fearing she could not face a judge in court, she informed her mother of her pregnancy. The mother responded by calling her a “slut” and kicking her out of the house.

Youth Speak Out

Last summer, in response to the court dissolving the injunction, some of our youth activists wrote letters to their state representatives and senators in opposition. Here’s what they had to say:

"I am deeply concerned about the adverse effects of the Parental Notice of Abortion Act in regards to young ladies and their reproductive health and decisions. No law, no act, no mandate holds the ability to facilitate the suggested dialogue that is implied by this law.” --Ryan, age 19, Peoria

"I believe that this Act should be changed because most young women under the age of 18 in my community can't get notification from their mom, dad, or grandparent. I personally know someone that can't go to her mom because her mom will kick her out of the house." --Brianna, age 15, Chicago

"This Act infringes on many young women's basic human rights to privacy and confidentiality. Furthermore, parental notification laws put the health of young women at risk by making abortions more difficult to obtain, causing risky delay in receiving healthcare, and pushing some young people into volatile situations with potentially harmful consequences." --Anali, age 17, Chicago

What's Next in Illinois

The American Civil Liberties Union of Illinois filed a lawsuit last month in Cook County Circuit Court on behalf of medical providers and their patients. The plaintiffs, Dr. Allison Cowett of the University of Illinois at Chicago’s Center for Reproductive Health and the Hope Clinic for Women Ltd., argue that the law harms young women by inhibiting them from obtaining safe abortion or forcing them to carry their pregnancies to term. Furthermore, the ACLU claims that Illinois courts are not prepared to handle the cases.

In August, the Illinois Department of Financial and Professional Regulation granted a 90-day grace period for doctors. Now, the law, set to go into full effect yesterday, has been delayed for at least another day. The medical disciplinary board of the regulation department meets this morning to decide if enforcement of the law will begin or the grace period will be extended.

The Illinois Caucus for Adolescent Health has been working for years to oppose parental notification and educate youth and adults on its harmful consequences. We’re asking you to contact Governor Quinn, Attorney General Lisa Madigan, and your members of the Illinois General Assembly to let them know you oppose the law. Click here to send an email or fax to your elected officials.

Thank you for helping to protect Illinois’ young women.

For More Information

Illinois parental notification law goes into effect Tuesday, Chicago Tribune

 NEWS

FDA Approves HPV Vaccine for Young Men

The Food and Drug Administration approved drugmaker Merck's human papilloma virus vaccine, Gardasil, for young men ages 9 to 26 to prevent genital warts. Gardasil is already approved for women to prevent four strains of HPV that cause the majority of cervical cancers and genital warts. Read more.

***


Obama Overturns HIV Travel Ban

Last week, President Obama announced that he will lift a 22-year-old ban on entry into the United States for people infected with HIV/AIDS. The administration plans to publish a new federal rule this week eliminating the ban by the start of 2010. The United States was one of only a dozen countries that prevented the entry of people with HIV. Read more.

***

 ACTION

Chicago Female Condom Campaign Seeks Testimonials

Have you ever used the female condom? What did you think about it? How did you use it? Would you recommend it to friends? If so, we want to hear from you! The Chicago Female Condom Campaign, which calls for increased access, availability, and awareness of the new female condom, is developing its website and looking for women and men of all sexual orientations to share their positive experiences with the female condom. Email Gretchen Weiss or call 312-334-0971 for details.***

 EVENTS

Advancing Reproductive Justice

Thursday, November 12 // 6-8 pm
Three Peas Art Lounge
75 E 16th Street, Chicago

Help us advance reproductive justice for all Illinois youth.

acoustic performance by somilia rabee

cocktails + hors d'oeuvres + silent auction

price:

$40 general admission
$20 < 30 years old

Event is open to all ages and wheelchair accessible. 21+ to drink. RSVP online by Friday, November 6.

***


Brown Bag Lunch: Reproductive Justice for Immigrant South Asian Women

Tuesday, November 17 // 12-1:30 pm
Illinois Caucus for Adolescent Health
226 S Wabash Ave, Suite 900, Chicago

Aisha Chaudri from Apna Ghar will discuss reproductive justice for women, specifically South Asian and immigrant women. The presentation will address socioeconomic and cultural barriers to reproductive justice, including language, finances, culture, and religion, as well as current domestic policies, such as vaccination requirements for immigrants and individuals seeking permanent residence in the United States. Aisha will provide a plan of action along with a list of resources for agencies working with South Asian and immigrant women to help address their clients' needs.

Sponsored by the Chicago Foundation for Women's Catalyst Fund for Reproductive Justice. Event is free, open to all ages, and wheelchair accessible. Space is limited. Learn more and RSVP online.


What is... a Man, a Woman, and Gay Forum

Tuesday, November 17 // 12-2 pm
Chicago State University
Cordell Reed Student Union, Rotunda
9501 S King Drive, Chicago 60628

The forum is a blueprint to examine the hegemonic framework we use for our gender identities, sexual orientations, proclaimed personhoods, and overall lives. The academic panel discussion intends to dismantle the predominate cultural institutional paradigms we all live in. A Transformative Art Exhibition will also be held on Tuesday, November 10, from 12 to 2 pm in the New Library, 4th Floor Auditorium.

Event is free and open to the public. For more information, email Felicia Beckett or call 773.995.3844.


Brown Bag Lunch: Sexuality and Disability

Tuesday, December 15 // 12-1:30 pm
Illinois Caucus for Adolescent Health
226 S Wabash Ave, Suite 900, Chicago

Susan Nussbaum will address how paternalism shapes the dehumanization of disabled people, including cultural/sexual neutering, infantalization, sex abuse, and forced sterilization and how this situation has been impacted by the disability rights movement. Free copies of the Sex Resource Guide for People with Disabilities will also be distributed. Susan founded the Empowered Fe Fes, a social support group for girls with disabilities, and now works with Access Living's Arts and Culture Project.

Event is free, open to all ages, and wheelchair accessible. Space is limited. Learn more and RSVP online.




The Illinois Caucus for Adolescent Health, in partnership with youth, advocates sound policies and practices that promote a positive approach to adolescent sexual health and parenting.

Make an online donation today

Update contact information and manage subscription preferences

Illinois Caucus for Adolescent Health
226 S Wabash Ave, Suite 900
Chicago, IL 60604
Phone: 312.427.4460
Fax: 312.427.0757
www.icah.org

Illinois Caucus for Adolescent Health
226 S Wabash Ave, Suite 900
Chicago, IL 60604
Phone: 312.427.4460
Fax: 312.427.0757
Email: info@icah.org
Google Maps // Mapquest

Copyright 1977-2009 ICAH