Summary of the Parental Notice of Abortion Act

August 4, 2009, a parental notice for minors to obtain an abortion is scheduled to go into effect. I am posting a summary of the law on this blog for any minor who might be reading. If you have questions about this law, please contact the ACLU Illinois:

A. Notice Requirement

· The statute requires that an abortion provider in Illinois seeking to perform an abortion for a “minor” must give “at least 48 hours actual notice to an adult family member of the pregnant minor.”

· A “minor” is defined as a person (1) under the age of 18, (2) who has never been married, and (3) has not been legally emancipated under the Emancipation of Minors Act.

· The statute applies in the context of both medical and surgical abortions.

· “Adult family member” is defined as “a person over 21 years of age who is the parent, grandparent, step-parent living in the household, or legal guardian” of the pregnant teen.

· “Actual notice” is defined as “giving of notice directly, in person, or by telephone.”

· 48 hours “Constructive notice” may be given if actual notice is not possible after a “reasonable effort.” “Constructive notice” is defined as “certified mail to the last known address of the person entitled to notice, with delivery deemed to have occurred 48 hours after the certified notice is mailed.”

B. Notice is not required when:

· A patient under 18 years of age is or has been married or is legally emancipated under the Emancipation of Minors Act.

· The referring physician certifies in writing that he or she has given at least 48 hours notice to an “adult family member” of the pregnant minor.

· The minor is accompanied by an “adult family member.”

· Notice is waived in writing by an “adult family member.”

· The attending physician certifies in the minor’s medical record that a medical emergency exists and there is insufficient time to provide the required notice.

· The minor declares in writing that she is a victim of sexual abuse, neglect, or physical abuse by an “adult family member.” In this case, mandated reporting under the Abused and Neglected Child Reporting Act need not occur until after the abortion has been performed.

· The minor has obtained a court order waiving the notice requirement through the judicial bypass procedure.

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