Bill > ACR99

Introduced Session

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

Committee Categories

John DiMaio (R)*,  Dawn Fantasia (R)*,  Jay Webber (R)*,  Michael Inganamort (R),  Erik Peterson (R), 

Introduced, Referred to Assembly Children, Families and Food Security Committee (on 01/13/2026)

Official Document