House Passes Bill Tightening Parental Rule for Abortions

The New York Times
April 28, 2005
House Passes Bill Tightening Parental Rule for Abortions
By SHERYL GAY STOLBERG

WASHINGTON, April 27 - The House passed a bill on Wednesday making it a federal crime for any adult to transport an under-age girl across state lines to have an abortion without the consent of her parents. A vote on a similar bill is expected in the Senate later this spring or early this summer, and backers says its chances are good.

The measure, the Child Interstate Abortion Notification Act, passed 270 to 157 and was a victory for abortion opponents, who have been pushing an ambitious agenda now that Congress is under greater Republican control.

"This legislation will close a loophole that allows adults not only to help minors break state laws by obtaining an abortion without parental consent, but also contributes to ending the life of an innocent child," said the chief sponsor, Representative Ileana Ros-Lehtinen, Republican of Florida.

The bill, intended to prevent minor girls from going to different states to circumvent more restrictive laws in their home states, applies to adults who accompany girls 17 and under. It also, for the first time, requires doctors who perform abortions on under-age girls to comply with state notification laws, and in some cases to notify the girl's parents in person. Violators could face a $100,000 fine and a year in jail.

The bill also imposes a 24-hour waiting period for young women who travel to another state for an abortion, in some cases even if they are accompanied by their parents.

Supporters characterize the measure as pro-family, saying it will prevent abusive boyfriends and others from taking vulnerable young women across state lines to receive "secret abortions" against their will. They say that the decision to have an abortion should rest solely with the parents. Amendments that would have allowed grandparents or members of the clergy to accompany the young women were rejected.

The measure has the strong backing of the White House, which issued a statement on Wednesday saying the bill "is consistent with the administration's view that parents' efforts to be involved in their children's lives should be protected and the widespread belief among authorities in the field that the parents of pregnant minors are best suited to provide them with counsel, guidance and support."

Opponents call the measure misguided and say it would violate a Supreme Court ruling that required state parental notification laws to include alternatives, like permitting abortions with a judge's consent. And they say it would put some young women, like those who are the victims of sexual abuse by their fathers, in serious danger.

"Thankfully, most young women involve their parents in the decision to seek an abortion," said Representative Nita M. Lowey, Democrat of New York. "But under this legislation, those who feel they cannot turn to their parents when facing an unintended pregnancy will be forced to fend for themselves without any help from a responsible adult. Some will seek unsafe abortions close to home. Others will travel to unfamiliar places seeking abortions by themselves."

The bill incorporates an earlier measure that has passed the House three times since 1998. The earlier bill, the Child Custody Protection Act, did not impose criminal sanctions against doctors, only against the adults who accompanied minor girls across state lines from a state that had strict parental consent laws to one that did not.

In the Senate, the custody protection act is among the top 10 legislative priorities of Senator Bill Frist, the majority leader. The November elections put seven new Republicans in office, most of them staunch opponents of abortion, so backers of the measure - which has never gotten through the Senate - are hopeful.

"We think it will still be a big fight, because the bill is vehemently opposed by the pro-abortion pressure groups, but we are cautiously optimistic," said Douglas Johnson, a spokesman for the National Right-to-Life Committee.

According to Naral Pro-Choice America, an abortion rights advocacy group, 33 states have some form of parental notification law that restricts access to abortion.

Twenty-three states require parental notification and 10 require parental notice but permit other adults to be notified, or allow health providers to waive the requirement. Seventeen states, including New York, New Jersey, Connecticut and California, have no law restricting access to abortion for minors.

Representative Jerrold Nadler, Democrat of New York, said, "It would in effect make the young girl carry the laws of her state on her back wherever she goes."

But Representative Christopher H. Smith, Republican of New Jersey, said the bill was necessary to prevent "abortion mills" from luring young girls across state lines by advertising in states like his, where there are no notification laws.