In the USA, a court suspended the law requiring doctors to notify parents about a minor's abortion
The Supreme Court of the American state of Nevada suspended the law that required doctors to notify parents if a minor girl wants to have an abortion.
The decision was a victory for organizations protecting reproductive rights and medical institutions. The court overturned the lower court's decision and ordered a temporary ban on the application of the disputed law until the case is resolved.
The law was adopted back in 1985. It stipulated that before performing an abortion, a doctor must notify the parents of the minor patient, or the girl must obtain a special court permission to undergo the procedure without the parents' knowledge.
However, the Nevada Supreme Court concluded that the law is written too vaguely. In particular, it does not explain how exactly the doctor should notify the parents and what actions would be considered sufficient to fulfill this requirement.
The state's Chief Justice Douglas Herndon noted that due to the lack of clear rules, various law enforcement agencies or courts may interpret the law differently and decide whether the doctor has done enough to notify the parents.
The court also criticized the mechanism for obtaining permission through the court. According to the judges, the law does not explain how doctors should verify whether the minor has actually obtained the necessary court permission.
The decision emphasizes that due to such gaps, medical professionals risk facing criminal liability or professional sanctions.
"The law effectively puts doctors in a position to choose: either deny the patient necessary medical care or risk prosecution," the court stated, Courthouse News reports.
The Supreme Court also disagreed with the lower court's conclusion that the plaintiffs do not have the right to challenge the law. The judges pointed out that the mere threat of its application is sufficient grounds to go to court.
The case was sent back for reconsideration with instructions to issue a judicial injunction against the application of the law.
The Nevada Attorney General's Office stated that it accepts the unanimous decision of the state's Supreme Court.
The parental notification law was adopted back in 1985 but was effectively not applied for decades. After the 2022 U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which overturned federal abortion rights guarantees, the issue of its reinstatement became relevant again. However, now the Nevada Supreme Court has once again blocked its application.
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