NRLC Pushes For Federal Ban on Interstate Circumvention of Parental Consent Laws


WASHINGTON (Feb. 9) - - The right of parents to be involved in a daughter's decision regarding abortion would enjoy increased protection under a new bill being introduced in Congress, with the backing of the National Right to Life Committee (NRLC).

The new bill, called the "Child Custody Protection Act," would make it a federal offense to transport a girl of age 17 or under across a state line to obtain an abortion, if this action would circumvent a state law requiring involvement of a parent or judge in the girl's abortion decision.

Senator Spencer Abraham (R-Mi.) and Congresswoman Ileana Ros-Lehtinen (R-Fl.) plan to introduce the bill in the Senate and the House, respectively, on or about February 12.

The impending introduction of the bill was first announced by NRLC at a Washington, D.C., press conference on January 22, the anniversary of the Supreme Court's Roe v. Wade ruling.
(See "Right-to-Life Congressional Priorities for 1998".)

Currently, 22 states have laws in effect that require the notification of, or consent by, at least one parent (or authorization by a judge) before an abortion can be performed on those below the age designated by the state. However, some of these laws are frequently circumvented by adults who transport minors to abortion providers in neighboring states that do not have parental involvement laws.

NRLC Legislative Director Douglas Johnson noted that some abortionists use the lack of parental involvement requirements in their own states as a "selling point" in advertising directed at minors in neighboring states that have parental involvement requirements. For example, he said, some Yellow Pages directories in Pennsylvania - - which has a parental consent law - - carry display ads from abortion clinics in New Jersey and Maryland which proclaim that "No Parental Consent" is required in those states.

Pro-abortion groups have argued that adults have a right, under Roe v. Wade, to transport minors across state lines to receive abortions without a parent's knowledge or consent. For example, Kathryn Kolbert, representing the Center for Reproductive Law and Policy in New York, said that adults engage in such activity "thousands" of times, and asked, "How does a 14-year-old get to New Hampshire from Boston without getting a ride?" (Associated Press, Sept. 16, 1995.)

NRLC's Johnson commented, "Congress should reject the bizarre notion that any adult stranger has the right to take one's 14-year-old daughter to a different state for a secret
abortion, even when the state legislature has passed a law that explicitly requires a parent or judge to be involved in that decision. Often, these attempts to evade parental notification and consent laws are also attempts to conceal criminal activity, such as statutory rape."

In a written statement distributed at the January 22 press conference, Sen. Abraham said, "Children must receive parental consent for even minor surgical procedures. Abortion's profound, lasting effects demand that we help states guarantee parental involvement in that decision. At a minimum, we must prevent outside parties from circumventing parental notification and consent laws."

Congresswoman Ros-Lehtinen said in a written statement that the bill "will help to protect state parental involvement laws and make a clear statement against those who would try to circumvent state laws and interfere with the parent/child relationship."

Upcoming issues of National Right to Life News will contain additional information on what you can do to foster enactment of the Child Custody Protection Act.