Illinois Choice Action Team
On August 4, 2009, The Parental Notice of Abortion Act has become enforceable in Illinois, however because of a decision by the Cook County Circuit Court, the Illinois Parental Notice of Abortion Act will not be enforced until further notice. A judge granted a temporary restraining order against the law, which will remain in effect until the judge decides to change it.
Below is a summary of the Act and a link that will direct you to information regarding the Judicial Bypass project.
This information is provided by the ACLU of Illinois.
http://www.ilbypasscoordinationproject.org/
Summary of the Parental Notice of Abortion Act
A. Notice Requirement
The statute requires that an abortion provider in
A “minor” is defined as a person (1) under the age of 18, (2) who has never been married, and (3) has not been legally emancipated under the Emancipation of Minors Act.
The statute applies in the context of both medical and surgical abortions.
“Adult family member” is defined 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 of notice directly, in person, or by telephone.”
48 hours “Constructive notice” may be given if actual notice is not possible after a “reasonable effort.” “Constructive notice” is defined as “certified mail to the last known address of the person entitled to notice, with delivery deemed to have occurred 48 hours after the certified notice is mailed.”
B. Notice is not required when:
A patient under 18 years of age is or has been married or is legally emancipated under the Emancipation of Minors Act.
The referring physician certifies in writing that he or she 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 the required notice.
The minor declares in writing that she is a victim of sexual abuse, neglect, or physical abuse by an “adult family member.” In this case, mandated reporting under the Abused and Neglected Child Reporting Act need not occur until after the abortion has been performed.
The minor has obtained a court order waiving the notice requirement through the judicial bypass procedure.
