Testimony of Representative Pete Kelly on

CSHB 37 -- Parental Consent for Minor's Abortion

before the House State Affairs Committee

Thursday, February 6, 1997

Madam Chair, members of the Committee, thank you for the chance to comment on this legislation.

I introduced House Bill 37 to enable the current law requiring parental consent for a minor's abortion, and to make it enforceable. We have had a parental consent law on the books since 1970 but a 1976 Attorney General's opinion declared the law unconstitutional and unenforceable. That decision references Supreme Court decisions which have held that parental consent statutes must obtain a judicial bypass provision. That provision enables a teenager to obtain permission from a judge as an alternative to parental consent. House Bill 37 adds the necessary judicial bypass to our statutes.

The reasoning for parental involvement is pretty clear: parents are accustomed to being asked permission before their child goes on a school excursion, before someone gives their child an aspirin, or before their teenage girl gets her ears pierced. It surprises many parents that their little girl can get an abortion without their parent's knowledge or consent. That can happen in Alaska today.

In other states, parental involvement laws have had a positive impact, reducing both the number of abortions and the number of teen pregnancies. During the first six years Minnesota's parental involvement was in effect, the teen pregnancy rate fell 20.5 percent, teen abortions declined 27.4 percent, and the teen birth rate went down 12.5 percent.

In the first section of this bill, there is included a legislative finding which states as follows: "the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related." It is my firm belief that teenagers stand to benefit from the support and counsel that parents can offer at a very difficult moment in a young person's life. Of course, I am aware that there are parents who are abusive. That is how the concept of a judicial bypass evolved. But in our focus on dysfunctional families, we must not lose sight of the fact that most families offer a reasonably supportive environment for young people. Most parents love their children, and want to help them through some of life's most difficult straits -- if only they are given a chance. That is what this bill is about -- giving parents the chance to be parents when they are needed most.

Madam Chair, members of the committee, I believe House Bill 37 is common-sensical. It has broad public support and deserves your support. I request that you give it favorable consideration.