Too Great a Burden

The United States Supreme Court has begun hearing arguments in yet another abortion case, Ayotte v. Planned Parenthood of Northern New England. At question is a New Hampshire law which requires minors to notify their parents and wait 48 hours before having an abortion. The law does not provide an exception for the health of the mother, but instead an exception that allows a woman to have an abortion only if her life is at risk. The lack of an exception regarding the health of the mother is simply unacceptable, and unnecessarily puts young women in danger. Planned Parenthood is right to argue that a doctor should be allowed to decide whether an abortion is necessary to protect the health of the mother, and the doctor should not have to wait to give medical care because a parent needs to be notified. However, such a requirement should not even be an issue, as parental notification, regardless of the exemptions or exceptions, should not be required by any state. The costs of parental notification laws outweigh the benefits.

Notification opens up the abortion-seeker to abuse and coercion from her parents. In theory, one might suppose that a law requiring parental notification except if the daughter fears abuse would prevent parents from hurting their children. However, data show that child abuse and sexual abuse are underreported. Young girls may be so afraid of their parents that they would not disclose any abuse. Thus, a notification law could subject already traumatized girls to mistreatment.

Nor is the law likely to achieve its intended goal to increase communication between parents and their children. Minors who have a healthy relationship with their parents will tell their parents if they become pregnant, law or no law. They will rely on their parents for critical advice. Minors who have an unhealthy relationship with their parents will ignore their parents’ opinions anyways. There is no reason to believe that this difficult issue will improve the family dynamic.

But the most compelling evidence against the notification law comes from doctors themselves. The American Medical Association (AMA) has stated that parental notice or consent laws “appear to increase the health risks to the adolescent by delaying medical treatment or forcing the adolescent into an unwanted childbirth.” The AMA goes further, arguing, “Physicians should not feel or be compelled to require minors to obtain consent of their parents before deciding whether to undergo an abortion. The patient—even an adolescent—generally must decide whether, on balance, parental involvement is advisable. Accordingly, minors should ultimately be allowed to decide whether parental involvement is appropriate.” When the country’s largest association of medical doctors speaks of the dangers parental notification poses, the public should listen to these credentialed individuals. When the health and welfare of young women across the country is at risk, the United States should follow the advice of educated professionals instead of politicians.