Abortion: A Parent's Right to Know
By Kirsten Thomas, 2.2.06

The U.S. Supreme Court wrestled with one of its most controversial issues recently. In November the first abortion case in five years was brought before the court. Activists are linking Ayotte v. Planned Parenthood of Northern New England to the landmark 1973 decision of Roe v. Wade.

Under New Hampshire law teenage girls under the age of 18 are required, to inform a minimum of one parent or guardian at least 48 hours in advance of obtaining an abortion.

The law does makes an exemption if the minor’s life is in danger. However, it does not make an exemption for non-life threatening medical emergencies.

Communications Coordinator of Planned Parenthood Los Angeles, Miriam Gerace said, statutes such as the Parental-Notification law weaken abortion rights and consequently women’s health rights.

Such laws “[Could] bring Roe to its knees,” Gerace said, “Lower courts would no longer have standing to protect a women’s health.”

The 2003 News Hampshire law was not enforced, because it lacked clear-cut provisions for exceptions involving medical emergencies. The U.S. appeals court declared the law unconstitutional.

The supreme courts decision in this case came Jan. 18. Finding that the lower court had over stepped it’s authority by invalidating the entire statute.

“State statutes may be “severable,” meaning that the unconstitutional portion of the act is separate and distinct from the constitutional portions. Where an act is severable, then the Court must refrain from invalidating more of the statute than is necessary to cure the unconstitutionality of the legislation,” said Associate Attorney Christian D. Molloy, Esq.

The controversial aspect of the law has to do with situations of non-life threatening medical emergencies. The law does not protect a doctor who performs an abortion without judicial authorization from prosecution in the instance of a non-life threatening medical emergency.

Emergency Department RN Donald Andrews can not recall a situation in his 12-year career were an emergency abortion was needed. He said it is very rare that an emergency abortion would be needed to save the mothers life, or to avoid a non-life threatening medical emergency especially in the early stages of pregnancy.

Andrews said that typically “[Girls] come in after they already had an abortion or miscarriage, usually because of bleeding or infection.”

Andrews points out, that if an abortion is needed the earlier into the pregnancy it takes place the better, it will have less complications and less risk of bleeding.

“Pregnancy induced diabetes or toxemia also known as hypertension,” can cause the need for an emergency abortion but typically Andrews said “If caught early and managed correctly they [Mothers] shouldn’t have a problem.” He finds that situations of organ damage, infertility or stroke as a result of a delayed abortion are uncommon.

Although, Ayotte v. Planned Parenthood of Northern New England, is currently in the spotlight it is not expected to directly threaten the previous decision of Roe v. Wade.

“It’s not about parent-notification, it’s about legal health protection for women for all ages,” Gerace said.