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 provide the Legislature with the authority to enforce such notification, regardless of existing rights or interests outlined in the State Constitution.
This initiative follows a previous legal challenge to the "Parental Notification for Abortion Act," which was deemed unconstitutional by the New Jersey Supreme Court. The court's ruling was based on the broader privacy rights enshrined in the New Jersey Constitution, which it interpreted as protecting a woman's right to make fundamental choices regarding her pregnancy. The proposed amendment is intended to counter this ruling, allowing for parental notification in cases involving minors and pregnancy-related medical procedures. If approved, the amendment will be presented to voters in the next general election.