Abortion bill gets approval

The state Senate gave preliminary approval Monday to a bill that would require Utah physicians to seek parental consent before performing abortions on minors, setting aside concerns that the law could put young women at risk in some situations.

The Senate advanced HB85, sponsored by Rep. Kerry Gibson, R-Ogden, for a final vote by 26-3.

As currently written, HB85 includes a judicial bypass option that allows minors to seek court approval for an abortion under limited circumstances. In those cases, however, physicians would still be required to notify the girl's parents in advance of the procedure, which is current law for all abortions involving minors.

On Monday, Sen. Scott McCoy, D-Salt Lake, proposed a failed amendment that would allow judges, in cases where they rule parental consent is not necessary, to also waive the notification process.

"All this does is allow for circumstances where a minor could be in a situation where she could face some sort of abuse or some kind of treatment in the home," McCoy said.

Sen. Patrice Arent, D-South Cottonwood, proposed a similar amendment when HB85 was before the Senate Judiciary and Criminal Justice Committee. Monday, Arent said the change takes into account real-world situations.

"I think it makes sense for those narrow situations where you don't want to have that girl harmed further," she said.

McCoy's failed amendment would have required a judge to make a finding that notification "poses a risk to the health or safety of the minor."

Utah's current law, which has been in place since 1974, requires parental notification prior to abortions being performed on minors. It does not include a judicial bypass option, which the American Civil Liberties Union has cautioned could be a cause for constitutional concern.

HB85 still needs one more favorable vote by the Senate. Because of its $31,500 fiscal note, based on the possibility of more minors petitioning the court for consent, it has been placed on hold pending funding of the measure.

---

E-mail: awelling@desnews.com