In spite of warnings from child welfare advocates who fear for survivors of incest or domestic violence, conservative Florida lawmakers are once again presenting legislation that would require doctors to notify the parents of minors seeking to obtain abortions. Courts struck down two similar bills on constitutional grounds in the past, but with a recent amendment to the state constitution -- elevating so-called "parental rights" over young women’s privacy rights -- state lawmakers can now pass a bill with little fear of judicial override.

The Florida House and Senate are considering slightly different versions of the legislation. Both provide opportunities for minors to gain a waiver from a court if a judge determines they have been abused or are mature enough to make a decision on their own. But the House version of the bill currently limits the judicial option to 16- and 17-year-olds, meaning younger women would have no choice but to notify a parent before obtaining an abortion.

The only exception in the House bill covers cases when the teen’s life is in danger or there is "certain risk" of major injury from the pregnancy. The Senate version is only slightly less strict, allowing minors of any age to obtain a waiver from a judge and granting exceptions in cases when risk of major injury is "serious."

If the legislation is approved, as appears likely, Florida will become the 45th state to pass a law requiring minors either to notify a parent or obtain parental permission before exercising their abortion rights. Several of these laws are currently not enforced because courts have found them unconstitutional.

Proponents of parental notification laws, which have become popular legal obstacles to abortions for young women, portray them as necessary protection for the health and safety of pregnant minors. They argue that young women need parental advice when making such an important medical decision. They also see it as a parental rights issue.

"How could it possibly even be up for discussion that your parent would not be notified that their child is getting an abortion?" Kerri Kinsora, a Tampa mother, asked lawmakers while addressing the Florida House.

But the Florida Supreme Court had, on two separate occasions, previously found that a parental "right to know" could not trump the privacy rights of young women guaranteed by Florida’s Constitution. Those rulings prompted lawmakers last year to amend that legal obstacle out of the constitution. Florida voters approved the change during the November 2, 2004 election, clearing the way for the new bills now under consideration.

Women’s and civil rights groups across the nation have been fighting parental consent and notification laws on the grounds that they violate the privacy rights of minors as well as their right to abortion, which is a legal medical procedure. They warn that such measures put young women at risk of domestic violence and back alley abortions. They point to statistics showing that most teens who seek to abort a pregnancy voluntarily talk to at least one parent about the decision and that the minority who choose not to often do so out of fear for their health and safety.

For instance, an American Academy of Pediatrics (AAP) report, published in 1996, found that one-third of minors who do not inform parents of their intention to obtain an abortion "already have experienced family violence and fear it will recur." The American Academy of Pediatrics is an organization of 57,000 pediatricians committed to the attainment of optimal physical, mental, and social health and well being for all infants, children, adolescents, and young adults.

The AAP document, entitled "The Adolescent’s Right to Confidential Care When Considering Abortion," is a survey of the existing data relevant to parental involvement in teenagers’ decisions regarding reproductive health care. It also states that "research on abusive and dysfunctional families shows that violence is at its worst during a family member’s pregnancy" and based on the available information concludes that "although parental involvement in minors’ abortion decisions may be helpful in many cases, in others it may be punitive, coercive, or abusive."

Opponents of parental notification laws accuse lawmakers of trying to legislate traditional family values that do not fit all parent-child relationships. "Such laws cannot transform abusive families into supportive ones, nor can they reduce the alarmingly high rate of teenage pregnancy," writes the ACLU in its opinion on the issue. "To prevent unwanted pregnancy from being a dangerous condition for teenagers, we must ensure that young women have access to confidential counseling, contraception and abortion services, as well as prenatal care."

While they believe the judicial waver system is inadequate because it creates delays and adds to the medical risks associated with later abortions, opponents of the parental notification measure have found themselves pushing for the most lenient version possible, given the likelihood that some version of the legislation will become Florida law before long.