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Posted: 6:25 AM- Rep. Stephen Sandstrom is putting together a full-frontal assault on the judicial bypass rule for minors wanting an abortion.
The Orem Republican wants to see a law saying a minor, even one making claims of alleged parental abuse, could get an abortion only if her parents are notified and allowed to give their opinion on the matter.
But confidentiality in the bypass is the only thing making Utah's law constitutional, critics say.
Currently, state law allows a minor to get court permission instead of parental consent for an abortion in certain cases, and parents are never notified their child is petitioning the court.
That doesn't seem right to Sandstrom.
"For something as life-altering as an abortion, parents should have a right to say," Sandstrom said.
But the confidentiality clause is the only thing making Utah's abortion law legally sound, said Missy Larsen, http://www.plannedparenthood.org/" Target="_BLANK">Planned Parenthood vice president for public policy.
"We already have one of the strictest abortion laws in the nation," Larsen said. "But without confidentiality, the law would violate Roe v. Wade."
Sandstrom also would like to reduce the reasons for requesting a bypass to only cases in which the pregnancy was the result of incest or if her parent previously was convicted of child abuse. Currently, minors have to convince the court the pregnancy has put them at risk of death or debilitating injury, it was the result of incest or that the minor's parents will abuse her if they find out she's pregnant or wants an abortion.
Larsen, though, says the judicial bypass already rarely is used. Only eight minors have filed since the law was enacted in 2006.
Sandstrom this week is scheduled to meet with Rick Schwermer, assistant state court administrator, to see if a "simple tweak" in the current rules would do what a bill this session would try to accomplish.
"Court officers are forbidden from disclosing information or notifying parents," said Schwermer.
But Sandstrom is confident he can convince the court to make the change.
"The bill is something that will hold up in court. I don't think it will be challenged," he said. "But I would say there's a pretty good chance right now that we can come up with some compromise with the courts."
Larsen doesn't agree.
"The court has to maintain confidentiality to be constitutional," she said.
Instead of trying to pass laws likely to be thrown out by the courts, Utah leaders should focus on the prevention of unplanned pregnancy, Larsen said.
"Encourage young women to follow the abstinence-only policies we have in this state," she said. "But if they choose not to follow that, give them the tools they need to stay healthy. Give them comprehensive sex education and access to contraceptives."
smcfarland@sltrib.com" Target="_BLANK">smcfarland@sltrib.com