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Bill > ACR81
NJ ACR81
NJ ACR81Proposes amendment to constitution regarding parental notification for medical or surgical procedures or treatments relating to pregnancy to be performed on minor children.
summary
Introduced
01/09/2024
01/09/2024
In Committee
01/09/2024
01/09/2024
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This proposed constitutional amendment states that the Legislature may provide that a parent or legal guardian shall receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest otherwise provided in the State Constitution. The Legislature enacted the "Parental Notification for Abortion Act," P.L.1999, c.145 (C.9:17A-1.1 et seq.) and the constitutionality of the act was challenged in court. The case came before the New Jersey Supreme Court and in Planned Parenthood of Central New Jersey v. Farmer, 165 N.J. 609 (2000), the court found the act unconstitutional. In its analysis, the New Jersey Supreme Court relied on the "more expansive" language found in the New Jersey Constitution than that of the United States Constitution, and stated that Article I, paragraph 1 of the New Jersey Constitution "incorporates within its terms the right of privacy and its concomitant rights, including a woman's right to make certain fundamental choices." In declaring the law unconstitutional on equal protection grounds under the State Constitution, the court found that the law unconstitutionally distinguished "between minors seeking an abortion and minors seeking medical and surgical care relating to their pregnancies." This constitutional amendment is intended to overturn the court's decision and permit the Legislature to provide that a parent shall receive notice before his or her unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment relating to pregnancy, irrespective of any right or interest otherwise provided in the State Constitution.
AI Summary
This joint resolution proposes a constitutional amendment that would allow the New Jersey Legislature to mandate parental or legal guardian notification before an unemancipated minor or incompetent child undergoes any medical or surgical procedure or treatment related to pregnancy. The proposed amendment is a direct response to a 2000 New Jersey Supreme Court decision (Planned Parenthood of Central New Jersey v. Farmer) that previously found a similar parental notification law unconstitutional. The court had ruled that the original law unconstitutionally distinguished between minors seeking abortion and those seeking other pregnancy-related medical care, and relied on the state constitution's broader privacy protections. If approved, this amendment would explicitly authorize the Legislature to require such notifications, overriding previous constitutional interpretations that had prevented such requirements. The proposed amendment would be submitted to voters at a general election, with voters asked to approve or reject the constitutional change by voting "Yes" or "No" on their ballot, with an accompanying interpretive statement explaining the proposed amendment's intent.
Committee Categories
Education
Sponsors (5)
Last Action
Introduced, Referred to Assembly Children, Families and Food Security Committee (on 01/09/2024)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/ACR81 |
| BillText | https://pub.njleg.gov/Bills/2024/ACR/81_I1.HTM |
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