The proposed resolution seeks to amend the New Jersey Constitution by adding a new paragraph that would require parental or legal guardian notification before an unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment related to pregnancy. This amendment aims to empower the Legislature to establish such notification requirements, overriding any existing constitutional rights or interests that may otherwise protect a minor's privacy in these matters.
The impetus for this amendment stems from a previous ruling by the New Jersey Supreme Court, which found the "Parental Notification for Abortion Act" unconstitutional, citing the state's broader constitutional protections for privacy and equal protection. The court's decision highlighted the distinction it made between minors seeking abortions and those seeking other pregnancy-related medical care. By proposing this constitutional amendment, the resolution intends to reverse that ruling and allow for parental notification, thereby enabling the Legislature to enact laws that require parents to be informed about their minor children's pregnancy-related medical decisions.