1985 NV PARENTAL ABORTION NOTIFICATION LAW COULD COME BACK TO LIFE

July 13, 2022

Rob Lauer Political Reporter

In 1985 the Nevada State Legislature passed an abortion notification law banning physicians from performing any medical non life threatening procedure on a minor without parental consent or court consent. At the time, the bill was challenged in court by Planned Parenthood citing Roe v. Wade. The 9th Circuit entered a permanent injunction against the law. But the law is still on the books and the Supreme Court’s recent ruling striking down Roe v. Wade may clear the way for the law or laws like it to come back to life.

Without parental notifications laws for medical procedures, Nevada Right to Life cites the following threats to our kids,

1. In Nevada, a girl as young as 9 can get an abortion without a parent even knowing, let alone consenting.

2. Parental rights are eroding rapidly. Bureaucrats and ideologues are usurping the rights and responsibilities of parents.

3. Too many of Nevada’s elected officials are far-left progressives with far-left agendas that seek to attack families, radicalize our children sexually and politically, and are actively working to make Nevada an abortion tourism state.

4. We need to engage, empower, and activate parents to vote against the state equal rights amendment on the ballot in November. The ERA (Equality of rights under the law shall not be denied or abridged by this State or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin) can be used to allow boys to play girls sports, force taxpayer funded abortions, allow minor children to obtain puberty blockers for gender change – all without parental consent.

The 1985 law:

NRS 442.255Notice to custodial parent or guardian; request for authorization for abortion; rules of civil procedure inapplicable.

      1.  Unless in the judgment of the attending physician an abortion is immediately necessary to preserve the patient’s life or health or an abortion is authorized pursuant to subsection 2 or NRS 442.2555, a physician shall not knowingly perform or induce an abortion upon an unmarried and unemancipated woman who is under the age of 18 years unless a custodial parent or guardian of the woman is personally notified before the abortion. If the custodial parent or guardian cannot be so notified after a reasonable effort, the physician shall delay performing the abortion until the physician has notified the parent or guardian by certified mail at the last known address of the parent or guardian.

      2.  An unmarried or unemancipated woman who is under the age of 18 years may request a district court to issue an order authorizing an abortion. If so requested, the court shall interview the woman at the earliest practicable time, which must be not more than 2 judicial days after the request is made. If the court determines, from any information provided by the woman and any other evidence that the court may require, that:

      (a) She is mature enough to make an intelligent and informed decision concerning the abortion;

      (b) She is financially independent or is emancipated; or

      (c) The notice required by subsection 1 would be detrimental to her best interests,

Ê the court shall issue an order within 1 judicial day after the interview authorizing a physician to perform the abortion in accordance with the provisions of NRS 442.240 to 442.270, inclusive.

      3.  If the court does not find sufficient grounds to authorize a physician to perform the abortion, it shall enter an order to that effect within 1 judicial day after the interview. If the court does not enter an order either authorizing or denying the performance of the abortion within 1 judicial day after the interview, authorization shall be deemed to have been granted.

      4.  The court shall take the necessary steps to ensure that the interview and any other proceedings held pursuant to this subsection or NRS 442.2555 are confidential. The rules of civil procedure do not apply to any action taken pursuant to this subsection.

      (Added to NRS by 1981, 1163; A 1985, 2309)

Nevada Right to Life is currently working through legal challenges to its 2 ballot initiative to bring parental notifications back to life in Nevada.

Protect Our Girls Statutory Initiatives

PROTECT OUR GIRLS STATUTORY INITIATIVE (S-03-2022)

If passed, this initiative will prohibit a physician from knowingly performing an abortion upon a minor unless: (1) a custodial parent or guardian of the minor is notified prior to the abortion (“parental notification requirement”); or (2) upon the petition of the minor, a Nevada court authorizes the abortion without parental notification (“judicial bypass”). Presently, a pregnant minor in the state of Nevada can get an abortion without parental notification or authorization by a court. The Nevada legislature passed a parental notification requirement in 1985, but the law was never enforced because a federal court found that its judicial bypass portion was not written appropriately. This initiative addresses this by rewriting the expedited judicial bypass schedule. It also amends law to enhance protection of the minor’s privacy and to provide a misdemeanor penalty for violations. The amended law will provide that a Nevada court may authorize an abortion for a minor without parental notification if the court finds that the minor is sufficiently mature and capable of giving informed consent to the proposed abortion or that the performance of an abortion on the minor without notification of a custodial parent or guardian would be in the minor’s best interests.

PROTECT OUR KIDS STATUTORY INITIATIVE (S-04-2022)

The liberty interest of a parent in the care, custody and management of the parent’s child is a fundamental right as recognized in Nevada Revised Statute 126.036. This initiative recognizes that medical decisions concerning a child rightly belong to that child’s parents as part of the right and duty to care for the child. It adds language to protect a parent’s right to access and review all medical records of the child and to make and consent to all decisions regarding the physical and mental healthcare of the child.

Contributions to Protect Our Girls PAC can be made via credit card online at:

https://secure.anedot.com/protectourgirls/protect-our-girls-pac