Government
Illinois abortion notification law upheld
NEWS IN BRIEF — Posted July 27, 2009
A federal appeals court in July upheld the constitutionality of an Illinois law requiring physicians to notify a minor's parents or legal guardians at least 48 hours before performing an abortion.
The 1995 statute was shelved for more than a decade under a federal trial court order. The Illinois Supreme Court had refused to enact rules allowing minors to ask a court to bypass the notification requirement in certain circumstances, such as a medical emergency.
The high court eventually implemented the judicial bypass regulations in 2006, which sparked a constitutional challenge from abortion-rights advocates. They argued that the notice law interfered with minors' rights to access the procedure. Anti-abortion advocates, on the other hand, said the statute helped minor patients make informed medical decisions.
A three-judge panel of the 7th U.S. Circuit Court of Appeals found that the statute, with the inclusion of the bypass rules, struck a proper balance in protecting minors' interests by encouraging parental involvement without requiring it in every situation.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2009/07/27/gvbf0727.htm.
