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What's Wrong With the Child Custody Protection Act

Yesterday, the House and Senate passed the Child Custody Protection Act, which would make it a federal crime to transport a pregnant minor across state borders for an abortion without parental consent, and allow parents to sue abortion providers if their daughters go to a clinic without permission. Today in the American Prospect, Helena Silverstein and Wayne Fishman take the time to explain what's wrong with this law.

Thirty-four states have laws in effect that require either parental consent or notification before a minor can get an abortion. The official purpose of the CCPA is to bolster these state laws. After all, what good is it for, say, Pennsylvania to require parental consent if grandma or boyfriend can just take missy to New Jersey? It's a fair enough point.

But here’s another fair point: Not all families are well functioning, and missy might have very good reason to think that dad would unleash some righteous whoop-ass on any daughter of his who is even sexually active, never mind one who wants an abortion. So a minor’s wellbeing can be put at risk by making it more difficult for her to get an abortion without parental involvement -- for instance, by going out of state.

Now some supporters of parental notification laws argue that if a pregnant minor is really in trouble with her parents (because they're abusive, say, or because the girl's father was the one who got her pregnant), then she can just go get a "judicial bypass" from the courts that would allow her to get an abortion without notifying her parents.

But as Silverstein and Fishman point out, the judicial bypass system is a complete and utter mess. In Alabama and Tennessee, "nearly half of the courts charged with implementing the bypass mechanism were unprepared to do so." And many judges, unaware of their responsibilities, simply refuse to give pregnant minors a waiver to get an abortion for ideological reasons. So often there's no escape, and the CCPA is, in effect, bolstering a court system that doesn't work.

Posted by Bradford Plumer on 07/27/06 at 3:19 PM | E-mail | Print



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This brings to mind the case of the 13-year-old who was in court in Florida last year for no good reason. The state of Florida was her guardian, and Florida law does permit a minor to have an abortion without a guardian's permission (which just goes to show you that you can't count on the law, anyway). Nevertheless, there she was, in front of a judge, to determine something that was already legally obvious. Her exchange with the judge says it all:

"Why can't I make my own decision?"

Judge: "I don't know."

"You don't know? Aren't you the judge?"

Posted by: Diane on 07/27/06 at 5:47 PM

Sorry, but in this instance you're just flat wrong. Requiring parental consent is a good and necessary thing. Fix the judiciary, not a law that requires more involvement of the parent in a childs life.

"Why can't I make my own decision?" Gee, I don't know. Maybe because you're 13.

Posted by: Dan on 07/28/06 at 6:02 AM

You're point is a good one, Dan, but in order to "fix the judiciary," we would have to purge it of the Bible-thumping misogynists who currently inhabit the bench all over the country. Fine with me. But in the meantime, girls are at risk.

Posted by: Diane on 07/28/06 at 10:13 AM

"Maybe because you're 13."

As I recall, the girl in that particular case was a lot more mature than many adults and certainly seemed capable of making her own decision. Not all 13-year-olds are alike, of course.

Posted by: Brad Plumer on 07/28/06 at 11:30 AM

Life is a struggle at 13. Not all 13 year olds are alike nor are families and boyfriends. What if your family would disown you or physically beat you for being pregnant and your boyfriend now refuses to speak to you and denies having even been involved with you. The school guidance counselor is unapproachable and not trustworthy. Why put a young girl through this struggle and limit her options? Giving birth at 13 is a health risk and hampers a young girls life and closes the door to future opportunities for success. And furthermore, does the law require the notification of the male involved? Sounds like a 13 year old boy could easily runaway from the situation, whereas, a young woman does not have that option. I know one of the intentions of the law is to involve the parents in the life of the daughter, but I have met some horrible awful parents who would not be understanding, and if not physically abuse, then non-stop verbally abusive. And what if you parent is mentally ill and unpredictable? This law does not take into account life's realities.

Posted by: Liz on 07/31/06 at 9:44 AM

...and considering the question of rape-
This pregnant child is given the option of pleading
for abortion in front of a judge. Several problems:
- How many adults know the ins and outs of our legal system? We expect teenagers to be able to?
- More importantly, how many adults women do not report rapes; do not discuss being raped, until years or decades after the fact. It takes that long to get past the shame of having been raped. Even knowing it is a violence, even having happened at gunpoint, we somehow are ashamed to say anything . Yes, I speak from experience, and if I had become pregnant, how could I have carried that baby without everyday looking upon my body with loathing for the betrayal of giving me that child? I would have sooner killed myself. - which, I think, is not the outcome these lawmakers are expecting.
Final thought- Either let each decide for oneself, or any laws written about abortion or parental notification should be only written by those who have been raped or otherwise violated. Understanding that society does not support the victims of rape, we must be allowed to support ourselves.

Posted by: forestlady on 08/01/06 at 8:30 AM

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