Decision Expected on Enforcement of Illinois Parental Notification Law

November 4, 2009 — The Illinois Medical Disciplinary Board on Wednesday is expected to decide when to begin enforcement of a state law requiring doctors to notify the parents of minors seeking abortion procedures, the New York Times reports. According to the Times, if the board decides to begin immediate enforcement, opponents of the law plan to seek a temporary restraining order Wednesday afternoon.

The law includes a judicial bypass provision allowing minors to appear before a judge to request a waiver. The judge may grant the waiver if a minor is considered sufficiently capable of making the decision or if the judge determines that informing a parent is not in the minor's best interest. The state Department of Financial and Professional Regulation enacted a 90-day grace period beginning in August to ensure that the Illinois judicial system could accommodate minors who seek a waiver. The law was set to take effect on Tuesday, but officials extended the grace period until the Medical Disciplinary Board's meeting Wednesday, when the board will consider whether an adequate system for handling waivers is in place (Davey, New York Times, 11/4).

The law was first passed in 1995, but its enforcement was blocked for 14 years by an injunction. A federal appeals court lifted that injunction in July, at which time the Department of Financial and Professional Regulation issued the 90-day delay (Olkon, Chicago Tribune, 11/4). Abortion-rights supporters have since brought additional legal challenges in state courts.

The law allows exceptions in cases of medical emergencies or if the minor states in writing that she is the victim of neglect or physical or sexual abuse by an adult family member. Abortion-rights supporters say that minors may be unwilling to acknowledge those circumstances. According to the Times, abortion-rights proponents "support the idea that young women talk to their parents, ... but fear the law's effects on those who feel they cannot." Steve Trombley, president and CEO of Planned Parenthood of Illinois, said, "You just cannot mandate good family communication." Antiabortion-rights advocates contend that minors from neighboring states have been traveling to Illinois to circumvent abortion laws in their home states. Abortion-rights supporters counter that there is scant evidence supporting that claim (New York Times, 11/4).