Illinois Supreme Court Holds Parental Notification Law Not Unconstitutional

Illinois has long had a statutory requirement for notification to parents of minors seeking an abortion.  While the statute was passed in 1995, it has not been enforced.  Until 2006, necessary court rules for a bypass procedure (to allow a minor to obtain an abortion without parental notification in certain cases) were not in place.  Once rules were passed, the law has been held up by court challenges.

Earlier this month the Illinois Supreme Court held the act was narrowly tailored to promote the best interests of minor children.  The Act did not violate the Illinois State Constitution’s right to privacy or due process clauses.  While the holding was similar to a holding from the Federal Appellate Court for the Seventh Circuit (which includes Illinois), the Court stated in its ruling that the precedent from the Seventh Circuit was persuasive, but not binding and therefore the Court could reach and consider the merits of the case.

Absent additional legal or legislative action, the Parental Notice of Abortion Act of 1995 will likely go into effect in approximately a month.