Parental consent for minors’ abortions approved

A minor must obtain parental consent before having an abortion under a bill passed by the Legislature May 26.

LB690, introduced by Sen. Lydia Brasch of Bancroft, requires notarized written consent from a minor’s parent or guardian before the minor can have an abortion, except in cases of medical emergency. The bill replaces the previous requirement that the parent or guardian be notified of the procedure by registered or certified mail with return receipt requested.

Under the bill as amended, the consent requirement can be waived if a judge finds, by clear and convincing evidence, that a minor is both sufficiently mature and well informed to decide whether to have the abortion. The abortion may still be performed if a court finds by clear and convincing evidence that an abortion is in the best interest of the pregnant minor even in the absence of parental consent. If the pregnant woman declares that she is a victim of abuse by either of her parents, the consent of a grandparent would suffice.

An unauthorized person providing consent would be guilty of a Class III misdemeanor.

During select file debate May 23, Lincoln Sen. Danielle Conrad, an opponent of the bill, filed a motion to recommit the bill to the Judiciary Committee. She said the bill had technical problems that should be worked on further, specifically naming privacy concerns with regard to the notary.

Brasch said the notary requirement would ensure that a parent or guardian is involved in the process, adding that it is working in the other states that require it.

“Consent has been tried in 24 other states,” Brasch said. “We are not navigating into unchartered legislation.”

Conrad later withdrew her motion.

Omaha Sen. Tanya Cook brought an amendment to shorten the time allowed for a court to rule on whether or not the minor could have the procedure. It proposed narrowing the seven-day time frame to 48 hours. Cook said the bill otherwise would delay a procedure that must be performed within 20 weeks’ gestation and could require a rushed decision to meet the deadline.

“This [bill] is another way to prolong the decision-making process beyond the legal deadline for legal abortion in Nebraska,” she said.

The amendment failed on an 8-30 vote.

Omaha Sen. Burke Harr said he supported the idea of parental consent but thought the process should be simplified.

“We need to do this in a careful, conscientious way,” he said, adding that the bill’s potential to violate a minor’s privacy was of concern. “If we fix this it would be a good bill–it would be a great bill.”

Brasch said the requirement that the consent form be signed by a notary should not be problematic.

“There are 34,000 notaries in the state, so they’re easy to find and I trust their confidentiality,” she said.

Harr later brought an amendment that he said would address the issue. Adopted 41-0, the amendment added a requirement that notaries keep information about the abortion consent form confidential. Notaries disclosing such information would be subject to losing their license.

A technical amendment from Brasch was adopted and LB690 advanced from select file 35-4 on May 23.

The bill passed on final reading May 26 on a 41-6 vote.