In response to the recent court decision in Zbaraz v. Madigan, which revived Illinois’ dormant Parental Notice of Abortion Act of 1995, the ACLU has established the Illinois Bypass Coordination Project to help young women who need to go to the court for a judicial waiver of the Act’s notification requirements. The ACLU has established a hotline (1-877-44BYPASS) and a website (www.ilbypasscoordinationproject.org) to assist with the process.
The law requires health care providers to notify a parent, grandparent, step parent living in the home or legal guardian 48 hours before performing an abortion for a young woman less than 18 years. The State Journal Register writes:
The law, which doesn’t require permission from those relatives, allows local courts to grant exceptions to the notification requirement if the girls are ruled to be “mature and well-informed,” said Lorie Chaiten, director of the Chicago-based American Civil Liberties Union of Illinois’ reproductive rights project.If a judge isn’t able to make that finding, the judge still can grant the teenager a waiver if “it would be in her best interest to move forward without parental notification,” Chaiten said. The teen, in this situation, could argue that she doesn’t get along with her parents and fears she would be kicked out of the house if she had to notify her parents, Chaiten said.
Lorie Chaiten and the ACLU of Illinois’ Reproductive Rights Project had long fought implementation of the Act, because it:
creates unnecessary, dangerous hurdles to accessing essential health care for young women facing an unintended pregnancy in the State of Illinois. In the decades while this law (and its predecessors) were not enforced, we know that most young women in Illinois consulted with a parent or guardian when making the difficult decision about whether to continue a pregnancy. In those instances where young women did not tell a parent, often because of fear of abuse or neglect, most consulted with a trusted adult family member.
The Supreme Court has made clear that a mature young woman has the same right to make this decision as an adult, without anyone else’s involvement. And if having an abortion is in her best interests, she has the right to obtain one. The Illinois Bypass Coordination Project will provide young women information about the Act’s impact and will connect young women with free attorneys to represent and counsel them through the legal hoops of the judicial bypass process in order to secure these rights.
The option to go before a judge is valuable but also intimidating. Where am I supposed to go? Who am I supposed to talk to? What am I supposed to say? How much will it cost? The ACLU’s goal is to educate young women about the bypass process, and to connect them to a lawyer who will take them through it free of charge.
Young women can contact the ACLU’s Bypass Coordination Project by calling 877-44-BYPASS (877-442-9727). Pregnant teens may also call or text 312-560-6607, or e-mail judicialbypass@aclu-il.org. This hotline is staffed from noon-3 Monday through Thursday beginning August 4. Translators are available.
Further information about the hotline and the Illinois Judicial Bypass Coordination Project are available at www.ilbypasscoordinationproject.org, and on Facebook and MySpace.
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