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Backgrounder: Parental Notification

Under 16s and Abortion
ALRANZ
[For a more detailed discussion, read our updated blog post on this issue.]


What does the law say?
Care of Children Act 2004 (commenced 1 July 2005) 2: Guardianship and care of children, Sect 38 Consent to abortion

(1) If given by a female child (of whatever age), the following have the same effect as if she were of full age:
(a) a consent to the carrying out on her of any medical or surgical procedure for the purpose of terminating her pregnancy by a person professionally qualified to carry it out; and
(b) a refusal to consent to the carrying out on her of any procedure of that kind. In other words the decision whether or not to continue the pregnancy or have an abortion is made by the girl.


Anti-abortionists oppose this law. What do they say?
• Parents must be notified if their under 16-year-old daughter is pregnant and considering an abortion.
• Under 16s are not mature enough to make such a far-reaching decision by themselves.
• Parents are also considering the welfare of a potential grandchild.
• Not allowing parents to prevent their under 16 daughter from choosing to have an abortion is a violation of their natural law parental rights.


Pro-choice advocates support this law. What is their position?
Anti-abortionists claim they are interested in the welfare of the child but the reality is they are more interested in stopping all abortions. They know that their arguments appeal to a majority of parents. Who would not want the best for their child? Their strategy is to chip away at access to abortion and parental involvement is seen as an easy and winnable target. Notice that they are not concerned about forcing a young girl to continue a pregnancy against her will.

In most families, young girls will confide in their parents and if that is not possible, they will confide in some other responsible adult. If a young person has not confided in a parent, health care providers will encourage parental involvement recognising that sometimes fears of how their parents may react are unrealistic.

However in some troubled families young girls may not get the support they need from a parent or guardian. They may even be exposed to violence if parental notification is mandatory.

What is required is non-judgmental, caring and responsible counselling in which a young person is encouraged to involve her parents or other responsible adults.


What are the numbers?
Anti-abortionists exaggerate when they say teen abortions occur at a rate of 80 per week . In 2009, 79 abortions were carried out on 11-14 year-olds (1.5 per week). Statistics NZ does not offer a breakdown for 15-years and under but in the 15-19 year age group there were 3871 abortions (around 74 per week). Most of these were aged 16 and over.


Where to from now?
These issues were robustly debated in 2004 when the Care of Children Bill was introduced. Those groups dealing with the welfare of young persons, as well as major medical organisations, opposed mandatory parental involvement. The only groups supporting it had an anti-abortion agenda. And now after six years they are trying again - chip, chip…..