Statement of Chairman Charles T. Canady

Subcommittee on the Constitution

H.R. 1218: The Child Custody Protection Act

Thursday, May 27, 1999

This morning the Subcommittee on the Constitution convenes to hear testimony concerning H.R. 1218: The Child Custody Protection Act. The Child Custody Protection Act is designed to address the problem of people transporting minor girls across state lines to circumvent parental notification and consent laws.

Across this country, a child can't even be given an aspirin at school without her parent's permission. It is not surprising, then, that many states have decided that a serious surgical procedure like abortion should also involve the child's parents, or in some cases, a judge.

In fact, over twenty states currently enforce laws that require the consent or notification of at least one parent, or court authorization, before a minor can obtain an abortion. Yet, despite court approval of and overwhelming public support for these laws, vulnerable young girls are taken from their families to out-of-state abortion clinics in flagrant disregard of the legal protections the states have provided.

Indeed, studies conducted in various states demonstrate an unmistakable correlation between the number of girls seeking abortions out of state and the existence of parental consent and/or notification laws in the girls' home states. Moreover, in states requiring parental consent or notification, abortion counselors often circumvent the law by referring girls to out-of-state clinics which advertise in neighboring states that they do not require parental consent or a waiting period.

This scenario fosters hasty and ill-advised decisions in which confused, frightened young girls are coerced into having abortions by those who may not have the girls' best interest in mind. This is particularly disturbing given the fact that the majority of teenage pregnancies are caused by adult men who obviously have a great incentive to avoid criminal liability for their misconduct.

When parents are not involved in the abortion decisions of a child, the risks to the child's health significantly increases. Only parents have knowledge of their daughter's prior medical and psychological history, and would, for instance, be able to alert the abortionist of allergies to anesthesia and medication and provide authorization for the release of pertinent data from family physicians. When a pregnant girl is taken across state lines by a stranger for an abortion, none of these precautions can be taken. The Child Custody Protection Act will simply ensure the effectiveness of state laws designed to provide a layer of protection against these dangers to children's health and safety.

Abortion activists say taking girls out of state is the only option when the girls are afraid to tell their parents about their pregnancy, but this ignores the judicial bypass option that is available for just this type of situation.

Abortion activists also like to claim that it is simply a loving aunt or grandmother who takes the girl for the secret out-of-state abortion, when their own study -- conducted in 1992 by the Alan Guttmacher Institute -- shows that in a majority of cases it is not a family member who accompanies the girl for an abortion without the knowledge of her parents.

Moreover, states are free to craft their parental notification and consent laws to provide that notification or consent of a grandmother or other close adult relative is sufficient to permit a minor to have an abortion without parental involvement, and such statutes would not be covered by CCPA. Most states have not, however, chosen to allow grandmothers and other close relatives to act as surrogates for parents in the abortion context. If the minor's circumstances are such that parental involvement is not possible, the grandmother or other close relative is free to assist the minor in pursuing a judicial bypass procedure. Such relatives should follow the law, not take the minor out of State to circumvent the law.

In light of the widespread practice of circumventing state parental involvement laws by transporting minors across state lines, it is entirely appropriate for Congress, with its exclusive constitutional authority to regulate interstate commerce, to enact the Child Custody Protection Act. The safety of young girls and the rights of parents demand no less.