WASHINGTON-The Supreme Court of the United States decided to hear the case of New Hampshire’s parental notification law in November. The law has stirred contravercy among both private citizens and law-makers. The parental notification law requires that a doctor or clinic notify one parent/guardian of a girl 18 years old or younger 48 hours before continuing with an arranged abortion. In order to bypass her parents, a minor must receive permission from a judge. Many legislators and others take issue with the law’s lack of planning in regards to a pregnant teenager’s life, should it be threatened by complications from pregnancy. The law was narrowly passed by New Hampshire’s Legislature in 2004 and it was signed into law by former Governor Craig Benson.After two lower courts found that the law’s wording did not clearly take into consideration the potential situation where the mother’s life was in danger, the state of New Hampshire brought the case to the Supreme Court’s attention. There, it will be decided whether “The state [‘s] [contention] that a judicial ruling option, plus state law that allow doctors to act when a woman’s health is in danger, satisfy constitutional issues,” according to the New Hampshire Union Leader.Support for this bill though widespread, has not been unanimous. The Bush administration’s support has been made public in an issued brief to the Supreme Court. Supporters of the law also include Roman Catholic Bishop McCormack of Manchester, recently appointed New Hampshire Attorney General Kelly Ayotte, and several influential pro-life organizations. However, this support is opposed by Planned Parenthood of New England and various law-makers including Governer Lynch. “As governor, and as a father, I believe parents should be involved in these important decisions,” Lynch said. “But we must also recognize that there are cases where that is not possible – and we should not risk the health and safety of young women in those cases.”
PSU student Brendan Fahy expressed his support of the bill wholeheartedly-“I think that anyone under the age of 18 should, without question, have their parents notified in a situation like this. …Also males, under the age of 18, have not reached an age where they are mature enough to make such a decision that could affect their lives in such a major way.”
Following is the text of law 132:25 Notification Required. -I. No abortion shall be performed upon an unemancipated minor or upon a female for whom a guardian or conservator has been appointed pursuant to RSA 464-A because of a finding of incompetency, until at least 48 hours after written notice of the pending abortion has been delivered in the manner specified in paragraphs II and III.
II. The written notice shall be addressed to the parent at the usual place of abode of the parent and delivered personally to the parent by the physician or an agent.
III. In lieu of the delivery required by paragraph II, notice shall be made by certified mail addressed to the parent at the usual place of abode of the parent with return receipt requested and with restricted delivery to the addressee, which means the postal employee shall only deliver the mail to the authorized addressee. Time of delivery shall be deemed to occur at 12 o’clock noon on the next day on which regular mail delivery takes place, subsequent to mailing. (1) The bill passed the NH House by a margin of 187-181 and the NH Senate voted 12-11, with one member abstaining, to pass the law. It was then sent to the desk of former Governor Craig Benson, who signed the bill into law.