Issues

Policy Issues

Parental Notice of Abortion

The Illinois Parental Notice of Abortion Act, if enforced, would require that an abortion provider in Illinois seeking to perform an abortion for a young woman under the age of 18 must, under the terms of the Act, give "at least 48 hours actual notice to an adult family member of the pregnant minor." Doctors are not currently required to notify an adult family member if a woman under age 18 plans to have an abortion.

The Act defines an "adult family member" as "a person over 21 years of age who is the parent, grandparent, step-parent living in the household, or legal guardian" of the pregnant teen. "Actual notice" is defined as "giving notice directly, in person, or by telephone." If actual notice is not possible after a "reasonable effort," the physician or his or her agent must give 48 hours "constructive notice," which is defined as "certified mail to the last know address of the person entitled to notice, with delivery deemed to have occurred 48 hours after the certified notice is mailed." There are a number of exceptions to the notice requirement:

• The medical provider or his or her agent has received a written statement by a referring physician certifying that the referring physician or his or her agent has given at least 48 hours notice to an "adult family member" of the pregnant minor.
• The minor is accompanied by an "adult family member."
• Notice is waived in writing by an "adult family member."
• The attending physician certifies in the minor's medical record that a medical emergency exists and there is insufficient time to provide required notice.
• The minor declares in writing that she is a victim of sexual abuse, neglect, or physical abuse by an "adult family member."
• The minor has obtained a court order waiving the notice requirement through the judicial bypass procedure.

ICAH opposes any restrictions to access to abortion. Most young women tell already tell a parent about an unintended pregnancy. Those who do not tell a parent usually involve another close family member or trusted adult. When a young women does not tell her parents, there are usually compelling reasons, including fear of physical or emotional abuse or of homelessness, fear of being forced to bear a child against her will, or other significant family problems. Read our parental notice policy brief.

Responsible Sexuality Education

Over 270 agencies and individuals from around the state signed on to a letter asking the Illinois Congressional Delegation to keep abstinence-only funding out of health care reform. The letter also urged the two senators and nineteen representatives to support the Responsible Education About Life Act to create federal funding for responsible sexuality education.