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Waiting Period and Parental Notification Before Termination of Minor's Pregnancy.
Initiative Constitutional Amendment.

THE QUESTION

Should the California Constitution be amended to require that the parent or legal guardian of an unemancipated, pregnant minor be notified at least 48 hours before an abortion is performed on the minor?

THE SITUATION

State law allows minors to receive the same type of medical care for a pregnancy as an adult would receive. In 1987, the Legislature amended this law to require that minors obtain the consent of a parent or the court before obtaining an abortion. Due to legal challenges, the law was never implemented and the California Supreme Court struck it down in 1997.

THE PROPOSAL

Proposition 73 amends the California Constitution to prohibit an abortion on an unemancipated minor until 48 hours after a physician notifies the minor's parent or legal guardian, except in a medical emergency or with a parental waiver. A judicial waiver of notice, based on clear and convincing evidence of the minor's maturity or minor's best interests is permitted. Physicians must report abortions performed on minors and the state shall compile statistics. Monetary damages for violations are authorized. The court must report evidence of abuse by a parent or guardian to the county child protection agency. A minor is allowed to seek help from the court if anyone attempts to coerce her to have an abortion.

FISCAL EFFECT

The Legislative Analyst and the Director of Finance indicate that the net costs of Prop. 73 to state and local governments and to Medi-Cal and other programs are unknown, but are probably not significant in the context of the total expenditures for these programs.

SUPPORTERS SAY

• Minors need help making important health decisions.
• The 48-hour waiting period ensures that parents have an opportunity to consult with their daughter and explore her options before she makes an irrevocable decision.
• Minors still have the right to obtain or refuse an abortion and judicial waivers are available for special circumstances.

OPPONENTS SAY

• Proposition 73 assumes that government can mandate family communication. It can't.
• Scared, pregnant teenagers don't need a judge—they need a counselor. They are unlikely to go before a judge to request a waiver.
• Vulnerable teenagers who cannot talk to their parents may resort to unsafe, illegal abortions. Parents rightly want to know, but keeping teens safe is more important.

For More Information

PRO: YES on 73/Parents' Right to Know and Child Protection (866) 828-8355, www.YESon73.net

CON: Campaign for Teen Safety/No on Prop. 73(916) 669-4802, www.NoOnProposition73.org

For More Nonpartisan Information

See Smart Voter on Proposition 73.