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Federal bill could curtail minors' abortion options, Santorum predicts passage in Senate

Taking a girl to a neighboring state to avoid Pa.'s strict parental consent laws would become a crime.

Only 12 of Pennsylvania's 67 counties have abortion providers, which means many women and girls must travel out of state to terminate unwanted pregnancies.

Those trips could get more difficult for underage girls if the U.S. Senate passes a bill that would make it a federal crime to take minors across state lines for abortions to get around parental notification or consent laws.

The proposed legislation, which passed by a 270-157 vote in the House on Wednesday and is expected to make Republicans' top-10 list of priorities in the Senate, would also force doctors to notify parents 24 hours before performing an abortion on a minor coming from a state that has a parental notification or consent law.

That would hit Pennsylvania teens especially hard, because doctors elsewhere would be bound by Pennsylvania law, abortion-rights advocates said yesterday.

"Pennsylvania's laws are stricter than laws in most nearby states," said Dayle Steinberg, president of Planned Parenthood of Southeastern Pennsylvania. "The parental notification and consent laws of the pregnant teen's home state would follow her wherever she goes."

Doctors in New York and New Jersey, where no parental notification or consent is required, would have to apply Pennsylvania law to their Pennsylvania patients who are under 18. Pennsylvania requires a minor to obtain a signed waiver from at least one parent to get an abortion.

"All of this is cleverly crafted to make it more difficult to obtain an abortion," Steinberg said.

Advocates of the bill say it protects parental authority and upholds states' rights.

"What this means is that people who are unscrupulous cannot bypass Pennsylvania's parental consent law by taking teenagers across state borders," said Maria Vitale, spokesman for the Pennsylvania Pro-Life Federation. "The issue here is parental rights."

Sen. Rick Santorum was not available for comment yesterday, but in a recorded statement, he said the legislation was necessary to curb repeated violations of Pennsylvania law.

He cited a story about parents who took their son's pregnant girlfriend out of state for an abortion without telling her family. Santorum called the situation a "dangerous" scenario that "undermines parental authority" and leaves Pennsylvania "powerless to do anything" to enforce its own laws.

Santorum predicted the bill would pass easily in the Senate.

Sen. Arlen Specter has not taken a position on the legislation in order to remain objective in his role as chairman of the Judiciary Committee, a committee aide said yesterday.

Thirty-two states require some parental involvement in a minor's decision to have an abortion. Two states, Mississippi and North Dakota, require consent from both parents.

State Laws on Notifying Parents

Thirty-two states require some parental involvement in a minor's decision to have an abortion. Two states, Mississippi and North Dakota, require consent from both parents. Here's a look at the laws in Pennsylvania and surrounding states:

Pennsylvania: Parental consent required. Women under 18 must get the signature of one parent in order to get an abortion. Exceptions: a court order or medical emergency.

Delaware: Requires 24-hour advance parental notification for a woman under 16. Exceptions: Notification can be waived for a medical emergency, a court order, or a mental-health provider who says that it is not in the minor's best interest.

Maryland: Requires parental notification for a woman under 18. Exceptions: A physician can waive notification if he believes it would lead to abuse; the minor is mature and capable enough to give her own consent; or notification would not be in the minor's best interest.

New Jersey: No laws requiring notification or consent.

New York: No laws requiring notification or consent.

Ohio: Requires 24-hour advance parental notification for women 18 and younger. Exceptions: court order or medical emergency.

West Virginia: 24-hour advance parental notification for women under 18. Exceptions: medical emergency, court order, or a physician who declares that the minor is mature enough or that the notification would not be in the minor's best interest.

SOURCE: The Alan Guttmacher Institute

This article includes information from the Associated Press.

By Leslie A. Pappas, Philadelphia Inquirer,  Apr. 29, 2005

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