ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Wednesday, February 19, 1997 TAG: 9702190051
SECTION: VIRGINIA PAGE: A-5 EDITION: METRO
SOURCE: LORRAINE EATON LANDMARK NEWS SERVICE
Today's debate in the House of Delegates over parental notification will focus on who a minor should have to notify before having an abortion.
* The bill, as currently written, would require minors to notify a parent or guardian, a grandparent or an adult sibling.
* Other parental notification advocates want to limit notification to a parent or guardian.
* And, of course, some legislators don't want to require any notification at all.
Other parts of the bill, however, haven't been questioned.
Both groups of parental notification advocates agree the bill should apply to "unemancipated" minors - those who are not married, are not in the military or those who do not live with their parents by mutual agreement or by court order.
Under the bill, there are three ways an unemancipated minor in Virginia could get an abortion - by notifying a parent (or guardian or grandparent or adult sibling), judicial authorization or with an exception. Here's a closer look:
Parental notification
There are four ways that notification can be established:
* The parent (or guardian, or grandparent, or adult sibling) can accompany the child to the doctor.
* The minor can give the doctor a written statement signed by a parent (or guardian, or grandparent, or adult sibling) and witnessed by ``a competent adult'' who is also aware of the minor's intention to have an abortion.
* The physician can notify a parent (or guardian, or grandparent, or adult sibling) either in person or by phone at least 24 hours in advance of the procedure.
* If the parent (or guardian, or grandparent, or adult sibling) cannot be contacted, the doctor can deliver the notice via certified mail with return receipt at least 72 hours before the procedure.
Judicial authorization
If a minor does not want to notify her parents (or guardian, or grandparent, or adult sibling), she can go through the courts for what is called ``judicial authorization.''
First, she would file a petition with the court and these cases must be heard within four days.
If the judge finds the minor to be ``mature and capable of giving informed consent,'' he or she can authorize the abortion.
If the judge believes the minor is ``not mature,'' a hearing can be ordered to determine whether having the abortion without parental notice would be in the child's best interest.
If the judge refuses authorization, the minor can appeal the decision. The courts have five days to hear and decide on the appeal.
Throughout the proceedings, the minor can represent herself, or have a court appointed attorney. She will not pay filing fees. All hearings are confidential.
If the courts do not act within the allotted time, the court must immediately authorize the abortion without notifying parents or guardians.
Exceptions
Neither parental notice nor judicial approval is required in cases of abuse or neglect of the minor. Exceptions are also granted if the abortion is medically necessary immediately to avert the minor's death or if there is not time to get judicial approval and delay would cause ``serious risk of substantial impairment of a major bodily function or substantial physical injury.''
LENGTH: Medium: 72 lines KEYWORDS: GENERAL ASSEMBLY 1997by CNB