BILL NUMBER: S1970
SPONSOR: MURRAY
 
TITLE OF BILL:
An act to amend the public health law and the family court act, in
relation to notice of abortions performed on unemancipated minors
 
PURPOSE:
This legislation provides that at least one parent or legal guardian of
imemancipated minors (i.e., those who are under the age of 18), receive
written notification from a physician or his/her agent within 48 hours
prior to the physician's performance of an Abortion on that emancipated
minor.
Notification is not necessary and is deemed waived under the following
conditions: (a) When the attending physician certifies that a medical'
emergency exists, based on the physician's good faith clinical judgment
that an abortion is necessary to prevent the death or substantial and
irreversible impairment of a bodily function of the minor; (b) The
person(s) entitled to notification certifies that they have been noti-
fied; or (c) The minor objects to notification and obtains an order from
the Family Court dispensing with such notice. The court's decision
would be based on a finding that (1) the minor is sufficiently informed
about her decision and therefore mature enough to make the decision
without parental notification; and (2) the abortion is in the best
interests of the minor.
This legislation provides for expeditious court proceedings and protects
the child's anonymity, as required by the United States Supreme Court.
Additionally, there are no fees required, court appointed counsel is
available, and if necessary there is an expedited anonymous appeal.
 
SUMMARY OF PROVISIONS:
The Public Health Law is amended by adding a new section 2507; Section
213(a) of the Family Court Act is amended by adding a new paragraph
(ix). This bill also creates a new Article 10-A of the Family Court Act,
defining the role of family court when judicial intervention is neces-
sary for a notification waiver.
 
JUSTIFICATION:
Parents have traditionally been recognized as having rights when it
comes to the rearing of their children. In New York State, parents are
required by law to give permission when their minor child has a tooth
drilled or bone x-rayed, but they do not even have to be notified when
their daughter is pregnant and considering the invasive surgery of
abortion. Surely, parents have a right to know of a medical decision
that could affect their daughter physically and emotionally for the rest
of her life. Because over 83% of abortions in New York State occur in
outpatient clinics, a girl is unlikely to have the benefit of conferring
with a trusted family physician about her decision. Parental notifica-
tion laws help to ensure that those who know her best talk to her about
her medical history, the risks of abortion, and available alternatives.
When parental notification laws are in effect, teens become more sexual-
ly responsible. During the first five years that Minnesota's law was
operative, abortion rates dropped over 27%, birth rates fell 12.5%, and
pregnancies dropped 20.5% for minors aged 10-17.
 
LEGISLATIVE HISTORY:
2024: S2911 - Referred to Women's Issues
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.