Child Interstate Abortion Notification Act

CHILD INTERSTATE ABORTION NOTIFICATION ACT -- (Extensions of Remarks - September 28, 2006)

* Mr. SHAYS. Mr. Speaker, I rise in opposition to S. 403, the Child Custody Protection Act.

* I support encouraging--not requiring--parental notification for minors seeking contraceptive services. This legislation proposes a variety of new mandates on women, families, and doctors.

* For example, the bill forces doctors to learn and enforce 49 other states' laws, under the threat of fines and prison sentences. In many cases, it forces young women to comply with two states' parental-involvement mandates. It also requires a doctor to notify a young woman's parents in person, in another state, before abortion services can be provided.

* Finally, in some cases, even if a parent travels with his or her daughter to obtain abortion care, the doctor must still give ``notice'' to the parent and wait 24 hours before providing the care. In such cases, this requirement acts as a built-in mandatory delay--which makes it more difficult logistically, more expensive, and more burdensome all around for the family. It may even endanger the young woman's health.

* Not only does S. 403 include these negative provisions, it also could be found unconstitutional for three reasons. First, it contains no health exception.

* Second, in some cases, it offers young women no judicial bypass. Judicial bypass is required by the Supreme Court and allows another responsible adult to consent instead of a parent.

* Finally, it forces states to enforce other states' laws by forcing individuals to carry their home state laws with them when they travel.

* Every parent hopes that a child confronting a crisis will seek the advice and counsel of those who care for her most and know her best. In fact, even in the absence of laws mandating parental involvement, many young women do turn to their parents when they are considering an abortion. One study found that 61 percent of parents in states without mandatory parental consent or notice laws knew of their daughter's pregnancy.

* In a perfect world, all children would have open, clear communication with their parents. Unfortunately, this is not the case in every family. I believe this legislation would dissuade young women from turning to other trusted adults, such as an aunt or older sibling, in a time of need.

* While this bill might be well intentioned, it is a deeply flawed attempt to curb young women's access to private, confidential health services under the guise of protecting parental rights.

* I would like to see abortion remain safe and legal, yet rare. Whatever one's views on abortion, I believe we all can recognize the importance of preventing unintended pregnancies. When women are unable to control the number and timing of births, they will increasingly rely on abortion. Making criminals of advisors, however, is simply not the way to accomplish this goal.

* I urge my colleagues to oppose this legislation.

http://thomas.loc.gov/