New Hampshire Senate Approves Bill That Would Repeal Parental Notification Law; Gov. Lynch Says He Will Sign It Into Law

New Hampshire Senate Approves Bill That Would Repeal Parental Notification Law; Gov. Lynch Says He Will Sign It Into Law

The New Hampshire Senate on Thursday voted 15-9 to pass a House-approved bill (HB 184) that would repeal a state law (HB 763) requiring physicians to notify by certified letter a parent or guardian of a minor who is seeking an abortion at least 48 hours before performing the procedure, the New York Times reports. The bill now goes to Gov. John Lynch (D), who has said he will sign it into law. According to the Times, New Hampshire will be first state to repeal a parental notification measure if Lynch signs the bill (Belluck, New York Times, 6/8).

The law that would be repealed also bars parents from forbidding the procedure, and the notification requirement could be bypassed by a judge if a doctor determines that the minor's life is in danger. Planned Parenthood of Northern New England; the American Civil Liberties Union; the Concord Feminist Health Center; the Feminist Health Center of Portsmouth, N.H.; and Manchester, N.H.-based ob-gyn Wayne Goldner in November 2003 filed a lawsuit challenging the constitutionality of the law. U.S. District Judge Joseph DiClerico and the 1st U.S. Circuit Court of Appeals subsequently struck down the entire law.

New Hampshire Attorney General Kelly Ayotte (R) appealed the rulings to the U.S. Supreme Court, saying that the judicial bypass clause in the measure combined with other state laws that allow doctors to act in an emergency protect a woman's health. The Supreme Court in January 2006 unanimously ruled that the lower courts should not have invalidated the entire measure and ordered lower courts to review the legislative intent regarding exceptions to the law for medical emergencies. DiClerico on Feb. 1 said he will continue to block enforcement of the law while the Legislature considers the measure that would repeal it (Kaiser Daily Women's Health Policy Report, 5/14).

State Senate Majority Leader Joseph Foster (D) said the issue before lawmakers is not about abortion or parental rights, adding, "This is about a bill that, when adopted, was known by the Legislature to be unconstitutional"

source : www.medicalnewstoday.com