New Jersey Senate Bill SCR21

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Proposes amendment to constitution regarding parental notification for medical or surgical procedures or treatments relating to pregnancy to be performed on minor children.

Impact

If passed, this amendment could significantly alter the landscape of medical and legal practices in New Jersey concerning minors. The bill seeks to overturn a prior New Jersey Supreme Court ruling that declared unconstitutional a previous parental notification law on the grounds of equal protection and privacy rights. The court's decision highlighted that the existing rights of minors seeking medical care must not be infringed upon without good cause. SCR21 is thus seen as an attempt to restore legislative authority in a sensitive area of healthcare concerning minors.

Summary

SCR21 proposes an amendment to the New Jersey Constitution that would require parental or legal guardian notification before an unemancipated minor or incompetent child could undergo any medical or surgical procedure or treatment related to pregnancy. This proposal comes amidst ongoing debates surrounding parental rights and the rights of minors to seek medical care without parental consent. The resolution aims to amend Article I of the New Jersey Constitution by introducing a new paragraph that explicitly allows the Legislature to establish notification requirements for parents or guardians concerning their minor children’s medical decisions related to pregnancy.

Contention

The amendment is likely to ignite substantial debate among legislators, healthcare providers, and advocacy groups. Proponents argue that it reinforces parental rights and keeps parents informed about their children's health decisions, which they believe is crucial in situations involving pregnancy. Conversely, opponents warn that it could hinder access to essential medical care for minors in need, particularly in instances where parental notification may lead to delays or deterrents in seeking timely medical assistance. Stakeholders express concern over the potential negative implications for reproductive health among adolescents.