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August 2009 Archives

ACLU Launches Illinois Bypass Coordination Project
August 5, 2009

Illinois Bypass Coordination ProjectIn 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 requirments. 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.

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