December 9, 2009

Honorable Richard N. Gottfried
Chair, Assembly Committee on Health
822 LOB
Albany, New York 12248

Re:          An Act to amend the public health law and the family court act, in relation to notice of abortions performed on unemancipated minors A2357 (Reilich)

Dear Assemblyman Gottfried:

The Women’s Bar Association of the State of New York (“WBASNY”) writes this letter to urge the Assembly Committee on Health to oppose the above-referenced bill, which would amend the State’s Public Health Law by requiring that at least one parent or legal guardian of unemancipated 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 an abortion on the unemancipated minor.

WBASNY opposes the above-referenced measure as creating a legal requirement that parents of an unemancipated minor must provide consent or must be notified before the minor can receive an abortion.  The measure appears intended to protect minors. However, these types of measures can be harmful to minors in view of the numerous public health studies and court rulings involving parent notification laws.  It has been held that such measures increase the risk that minors will suffer harm or abuse and often cause delays in necessary medical care.  In some cases, minors elect even more dangerous alternatives in order to avoid involving their parents.

As a society, we deem it best for parents to be involved in their children’s health care decisions, particularly reproductive issues.  No doubt parental involvement should be encouraged.  However, a young woman’s access to health care services to remain healthy and safe should be of paramount concern.  Our State has historically promoted reproductive health services for minors and, as such, we must remain vigilant in ensuring that minors receive services without requiring parental involvement and that such services remain confidential to protect the privacy of all individuals.

Currently, our health law provides for minor adolescents to receive confidential prenatal care, testing and treatment for sexually transmitted infections and abortion. These policies recognize the public health perspective on the importance of providing our minors with unhampered access to all critical health services.

Despite this longstanding and effective health policy requiring unimpeded health care for minors, parental involvement (i.e., parental consent or notification) bills requiring either notification of or consent from a parent before a minor may obtain an abortion have been repeatedly introduced in the New York State Legislature.  Each year the legislature has voted against such measures.  It is not appropriate or practical for the government to attempt to legislate family morality and family dynamics between parents and their children.  Parental involvement requirements are misguided and a bad public health policy, given the increase risk to a minors in impeding their access to health care.

Finally, the Supreme Court has repeatedly affirmed that minors must be permitted to obtain an abortion so long as either (a) the minor is sufficiently mature to make the abortion decision, or (b) the abortion is in the minor’s best interests.  As such, the vast majority of such petitions are granted and there is no evidence that parental involvement laws that have been enacted in other states have decreased the number of teen abortions, or abortions in general, and the only result is increase trauma for teens and later term abortions.  Moreover, the State will bear the cost of the considerable judicial resources expended in determining maturity and best interests when these questions are best left to the young woman, her health care provider and ideally a trusted adult that she chooses to confide in when making her decision.

For all the foregoing reasons, WBASNY opposes the parental notification bill and urges the legislature to once again reject parental notification requirements as harmful and ill advised and defeat A2357.

WBASNY, with over 3,800 members, is the largest statewide bar association dedicated to promoting the advancement of women in the legal profession and in general.  Because our mission commits us to improving the status of all women in society, WBASNY addresses complex legal issues as we advocate for change for women and children throughout the state and promote the fair and equal administration of justice.

Respectfully submitted,

Cynthia Schrock Seeley
President, WBASNY

cc:          Hon. Bill Reilich, Bill Sponsor
              Distinguished Members of the Assembly Committee on Health