By Mary Beth Marino

Legislator Tommy Smith (D-Alma) from the Georgia House of Representatives has introduced a bill relating to parent notification of minors who are seeking an abortion.

This new legislation was proposed as a result of the present legal situation that allows any female capable of becoming pregnant, no matter what her age, to get an abortion without parental knowledge.

The law requires that before any surgery can be performed on a minor there must be parental notification and consent. But the U.S. Supreme Court said that, in the case of abortion, a woman’s right to privacy supersedes the normal requirement for parental notification and consent. Essentially, this new bill will allow a delay of an abortion to be performed on a minor, until the parents or legal guardians have been notified. This bill does not require consent, just a notification of parents. A minor is under the age of 18.

There are two options available for contacting the parent or guardian: 1) From the time of initial telephone contact, a delay of 24 hours is required before the abortion can be performed. 2) If contact is made by a certified letter, a delay of 48 hours is required before the abortion can be performed.

Supporters are seeking passage of the bill in an effort to protect minors against their own immaturity, and to aid preserving the rights of parents to raise their own children.

The bill states that immature children lack the ability to make a decision that has both immediate and long-range consequences. The bill also states that the medical, emotional and psychological consequences of abortion are serious and if the child is immature, they cannot deal with these consequences. Also, it states if parents are aware that their child has had an abortion, they can insure follow-up treatment of unforeseen complications.

If a minor, for one reason or another, objects to parental notification, she may petition the court for a waiver.

If an abortion is performed on a minor without notification of the parents, it would result in a misdemeanor charge under the laws.

Georgia Right to Life legislative director Bill Holberg is optimistic about the passage of this bill. He also indicated that the opposition sees him as a “raving right-to-lifer” who is trying to make it more difficult to get an abortion.

Indeed, while the “raving right-to-lifer” would prefer to make it impossible to get an abortion, he contends this bill would present the opportunity to reduce teenage abortions.

“It is a contradiction that legislators would raise the drinking age to 21 because of the irresponsibility of minors, but at the same time, allow the same minors to make a life or death decision,” Mr. Holberg said.

Kel MacDonald, the executive director Georgia Right to Life association, said as of Jan. 18, thirty two sponsors were supportive of the legislation, which is house bill 310.

Representative Tommy Smith was also very optimistic that the bill would be passed, if it did not get bottled up in the committee.

“We have just as good a chance, if not better, of getting it passed in the Senate as in the House,” he said.

Sheila Mallon, pro-life director for the archdiocese of Atlanta, said the Pro-Life Office supports the parental notification bill and hopes that the people of the archdiocese will do their utmost to see that the bill is passed.

“We feel it is most important that parents be informed that their minor daughter is pregnant and seeking a surgical procedure which could possibly leave her sterile or permanently damaged,” she explained. “We cannot require parental consent because the court has struck down these laws, but it has upheld laws requiring parental notification. Parents must give their permission to have their daughters’ ear pierced or to have aspirin administered to their child. This is the one place where there is no law to protect the parents’ rights,” Mrs. Mallon stated emphatically.

Another piece of legislation that is in the process of being submitted is a bill that protects the rights of the handicapped infant. This bill requires that appropriate nutrition, hydration and medication must be administered to the infant who is born with a handicap even if it is determined the child may not live.

This bill will be introduced by Roger Byrd (D-Hazelhurst) after the final draft is complete.

The Capitol is the scene of much activity as the legislators, lobbyists and interested sightseers meet for the second week of the General Assembly.

Reminder: It is not too late to get in touch with your legislator or lobbyist to offer your support or opposition to any bill!