N.H. Senate Sends Parental Notification Bill to Governor

May 26, 2011 — The New Hampshire Senate on Wednesday voted 17-7 to pass a bill (HB 329) that would require written notice of at least one parent or guardian at least 48 hours before a minor obtains an abortion, the Concord Monitor reports. If the girl does not wish to inform her parents or guardian, she must convince a judge that she "is mature and capable of giving informed consent to the proposed abortion," the bill states. Senate lawmakers struck down an amendment to the bill that would have allowed an exemption if "notice to the parent or guardian may lead to physical or emotional abuse of the minor."

The bill, which the House previously approved 256-102, heads to Gov. John Lynch (D) with enough support in both chambers to override a veto. Colin Manning, a spokesperson for Lynch, did not say whether the governor would sign the Republican-sponsored measure.

"The governor believes that parents should be involved in decisions like these, but he believes -- and the U.S. Supreme Court agreed -- we must not put a woman's health and safety at risk," according to a statement from Lynch's office. It added, "The Governor will be reviewing the bill carefully."

In 2003, the state enacted a similar parental notification law, but a federal judge found it unconstitutional because it did not include an exception for the life of the woman. The U.S. Supreme Court sent the case back to a lower court, but Democrats repealed the law in 2007 before any changes were made to it. Lawmakers said the new bill was written to guard against legal challenges to its constitutionally. The bill allows exemptions in cases of "medical emergency" and to "avert ... irreversible impairment of a major bodily function." Supporters said these provisions, as well as a strengthened provision ensuring confidentiality for minors who appear before a judge, prevent the law from being struck down.

Opponents of the bill said it could force minors to seek illegal "backroom" abortions, according to the Monitor. Jennifer Frizzell, senior policy adviser at Planned Parenthood of Northern New England, said New Hampshire has the lowest teen pregnancy and abortion rates in the country, which shows that current policies are effective. Frizzell said the organization plans to meet with the governor to see how he will act. "We know the governor cares deeply about young women's health and safety," she said, adding, "We'll take him at his word" (Spolar, Concord Monitor, 5/26).