CONCORD, N.H.—Legislation to reinstate a requirement for pregnant girls seeking abortions to tell their parents first is headed to the desk of New Hampshire Gov. John Lynn following its passage by the state Senate.
The 17-7 Senate vote Wednesday followed an earlier House vote for the parental notification bill.
Lynch said he would review the bill before deciding what to do
"I think parents, as I said, should be involved in decisions like this but at the same time, I think we need to ensure the health and safety of young women. And I'll be reviewing the legislation when it comes to me very carefully," Lynch said.
"Fundamentally, this bill is about whether or not we're going to let a wedge be driven in the parent-child relationship," said Sen. Ray White, R-Bedford.
Opponents said the legislation would put some young women from troubled homes at risk.
"I'm especially concerned, as we all should be, that this legislation provides no exception for victims of rape or incest," said Sen. Sylvia Larsen, D-Concord.
The legislation would require health care providers to notify parents of females under age 18 who seek an abortion. Providers could be subject to a misdemeanor charge for performing an abortion in violation of the law, which requires 48-hours of notice in person or by certified mail before taking action.
Exceptions exist if a doctor determines the young woman's life is at risk or if a delay would create "serious risk of substantial and irreversible impairment of a major bodily organ." It also allows a young woman to get a judge's permission instead of talking to her parents.
The bill is similar to one that passed in New Hampshire in 2003, but was never implemented because it was found unconstitutional due to a lack of an exception protecting a young woman's health. The new version does include this exception, though some argued it was too restrictive by requiring serious risk of "irreversible" impairment to proceed with an abortion without notifying parents.
Asked if the bill would pass constitutional muster this time around, sponsors said they closely followed the guidelines of the Supreme Court and successful parental notification laws in other states.
Efforts to amend the bill to eliminate the criminal penalty on doctors and to reduce the age to girls under age 17 failed.
Republican Senator Nancy Stiles, of Hampton, said her more than 30 years of experience working in public schools taught her that not every youngster has supportive parents. In these cases, some young women may be tempted to find dangerous ways to end an unwanted pregnancy, she said.
Others argued requirements for parental notification represented a form of government intrusion in private affairs. "Do we really want government to intrude on our privacy by compelling communication on certain subjects?" asked Keene Sen. Molly Kelly, a Democrat.
With the Senate's passage of parental notification, attention now turns to the governor.
The conservative group Cornerstone Action applauded the vote and Executive Director Kevin Smith said "the big question now is, whose side will Gov. Lynch be on?"
