Bill targets law allowing judges to give teens abortion permission
This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Rep. Stephen Sandstrom is putting together a full-frontal assault on the judicial bypass rule for minors wanting abortions.

The Orem Republican would like to see a law saying a minor, even one making claims of parental abuse, could get an abortion only if her parents are notified and allowed to give their opinion on the matter.

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 opponents say the bill likely will be unconstitutional. The confidentiality clause is the only clause making Utah's abortion law legally sound, said Missy Larsen, 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, a minor has to convince the court the pregnancy has put her at risk of death or debilitating injury, it was the result of incest or that her parents will abuse her if they find out she's pregnant or wants an abortion.

Larsen, though, says the judicial bypass is rarely used. Only eight minors have sought judicial permission for an abortion 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 rules would accomplish the same thing as legislative action.

"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 that likely will be ruled unconstitutional, 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

Seeking permission for abortion

Under current law, a minor can ask the court's permission for an abortion instead of her parents' in the following instances:

* The minor is at risk of serious injury or death due to the pregnancy.

* The minor is pregnant as a result of incest with the parent or guardian.

* The parent has abused the minor.

* The parent has not assumed responsibility for the minor's upbringing.

Source: Utah State Law

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