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Bill > SCR117
NJ SCR117
NJ SCR117Proposes amendment to constitution regarding parental notification for medical or surgical procedures or treatments relating to pregnancy to be performed on minor children.
summary
Introduced
12/09/2024
12/09/2024
In Committee
12/09/2024
12/09/2024
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 concurrent resolution proposes an amendment to the New Jersey State Constitution that would authorize the state Legislature to mandate parental or legal guardian notification before any medical or surgical procedure or treatment related to pregnancy is performed on an unemancipated minor or incompetent child. The proposed amendment is specifically designed to overturn a previous New Jersey Supreme Court decision (Planned Parenthood of Central New Jersey v. Farmer) that found a similar parental notification law unconstitutional. The court had previously ruled that such a law violated the state constitution's privacy protections and discriminated against minors seeking abortion-related care. If approved by voters in a general election, the amendment would allow the Legislature to create laws requiring parental notification, regardless of existing constitutional rights to privacy. The proposed constitutional change would be submitted to voters with a ballot question that asks whether they support allowing the Legislature to implement such parental notification requirements for pregnancy-related medical procedures involving minors.
Committee Categories
Health and Social Services
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 12/09/2024)
Official Document
bill text
bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/SCR117 |
| BillText | https://pub.njleg.gov/Bills/2024/SCR/117_I1.HTM |
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