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OK expected for parent consent bill. Measure would stiffen rules for young women seeking abortions

Modified: 05/17/2006

By Christy Hoppe
The Dallas Morning News

AUSTIN – A young woman would have to get a parent's written permission to obtain an abortion, but she'd also be protected from those who might force her into the procedure under a bill that was expected to win committee approval Monday night.

Current Texas law provides that teenagers under 18 must notify their parents of their intent to have an abortion, but a new proposal by Rep. Phil King, R-Weatherford, would stiffen the rules and make it much harder for courts to grant permission for the abortion without a parent's knowledge.

Two aspects of Mr. King's proposal pose the most trouble to abortion rights advocates and others: raising the legal burden for a judge to approve the abortion and a provision making it a criminal offense for anyone – including parents – to coerce a minor into having an abortion.

"This is aimed at the 25-year-old boyfriends telling their 15-year-old girlfriends that 'You have to get an abortion, or else,' " Mr. King said.

Older men guilty of statutory rape might be trying to cover up their crime by insisting upon an abortion without the parents' knowledge, Mr. King said.

Kae McLaughlin, executive director of the Texas Abortion and Reproductive Rights Action League, said that she understands the concern but that the language in the bill is too broad. Criminalizing coercion casts a net so wide that a parent strongly pushing a child to get an abortion could be subject to criminal prosecution, she said.

"This is supposed to be a bill about parents' rights," Ms. McLaughlin said. "But this says if you get overzealous in doing what you believe is right for your child ... then you're committing a crime."

Also under the bill, a teenager who feels threatened by informing her parents would have to seek a court hearing in her home county, or in the county where the abortion would occur. Current law allows her to apply in any county, raising concerns that lawyers are forum shopping for friendly judges.

The bill has been rewritten, striking a provision that would have made the name and rulings of judges in these abortion cases public. While proponents argued that such a law would end forum shopping and hold judges accountable for their rulings, many feared it would open judges to political pressure.

Mr. King said he is satisfied that this bill "puts mom and dad back in the health care decisions of their children."

Ms. McLaughlin said she feared that the bill would set up a series of hurdles so that a teen from a small town would need at least four days to get with a guardian ad litem, an attorney, set a court hearing, win a ruling and then schedule an abortion. If she misses four days of school, her absence would be reported to her parents, sparking the crisis that she feared.

"With each additional day, they increase the likelihood that a young woman is going to take matters into her own hands and find a back alley solution or a pill from over the border," Ms. McLaughlin said.

Texas is one of 13 states that require notification of parents – 20 require parental consent.

E-mail choppe@dallasnews.com

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Online at: http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/042605dntexconsent.48f74657.html

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