Abstract

KIE: The U.S. Court of Appeals, Ninth Circuit, affirmed a lower court granting of declaratory and injunctive relief against a Nevada statute requiring parental notification or court authorization before a physician could perform an abortion on an unemancipated minor. The Nevada statute required: 1) that the physician performing an abortion explain the physical and emotional implications of abortion; 2) parental notification or court authorization before a physician could perform an abortion on an unemancipated minor; 3) an appeal procedure when court authorization was denied; and 4) criminal penalties for violation of the statute. The court found the explanation requirement constitutional, but enjoined the parental notification requirement, the appeal procedure, and the criminal penalty. Applying the Supreme Court's Bellotti test (from Ohio v. Akron Center for Reproductive Health) for bypass procedures, the court found that the Nevada statute failed to meet the requirement that even if a minor lacks the maturity and knowledge to make an abortion decision without regard to her parents' wishes, the operation may still be authorized if it is in the minor's best interest.