Supreme Court takes parental notification case

By Tom Strode - May 13, 2005 -

The Supreme Court will rule on a state law requiring parental notification for underage girls seeking abortions.

The high court announced May 23 it would review a lower court decision striking down New Hampshire’s parental notification law. Oral arguments in the case will be heard in the court’s next term, which begins in October.

A three-judge panel of the First Circuit Court of Appeals, which is based in Boston, Mass., ruled in November the law is unconstitutional because it does not contain an exception to protect the health of the mother and its exception for a threat to her life is too narrow. The appeals court’s decision upheld the ruling of a federal judge.

The 2003 law says a parent must be notified in person or in writing by an abortion provider when a female under 18 has requested the procedure. The notice must be given 48 hours prior to the abortion. The law also includes a provision permitting the girl to seek a judicial bypass to avoid the notice requirement.

The case is Ayotte v. Planned Parenthood.

In addition to New Hampshire, the First Circuit includes the states of Maine, Massachusetts and Rhode Island.

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