NH Law About... Parental Notification

Introduction to... Parental Notification

Posted February 28, 2014. Revised October 7, 2016. 

Parental notification laws refer to state laws that require minors to get permission from, or at least notify, a parent or guardian before getting an abortion. They are also referred to as "parental involvement laws." Because these are state laws, it's important to research the laws of an individual state because, while most states require some degree of parental involvement, they vary widely as to the extent. There is generally a process, called judicial bypass or judicial waiver, in which a minor can ask a judge to decide whether a parent or guardian must be notified before an abortion is performed. New Hampshire's parental notification law is RSA 132:32-36, Parental Notification Prior to Abortion. The forms to request a judicial waiver in New Hampshire and a description of the process are found on the Superior court's website.

 An earlier form of the parental notification law, RSA 132:24-28, was passed in 2003. Most sections of that law were found to be unconstitutional in the case of Planned Parenthood of Northern New England v. Heed, 390 F.3d 53 (2004). The decision was affirmed by the Court of Appeals for the First Circuit and the case then went to the United States Supreme Court (Ayotte v. Planned Parenthood of Northern New Eng., 546 US 320 (2006)) which vacated the judgment of the First Circuit and remanded the case for further proceedings. Eventually the law was repealed by the legislature, effective June 29, 2007, and the case was dismissed as moot. The New Hampshire legislature enacted a new version of the law in 2011.

The Read About … section of this guide refers to resources about New Hampshire's law on parental notification and will provide context and key terms. Read the Law … links to selected laws. Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney. 

Read about... Parental Notification

WEBSITES

New Hampshire Judicial Branch. Filing a Petition for Judicial Waiver of Parental Notification Before an Abortion Can Be Performed   GO>

Link verified on: October 7, 2016

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Read the law about... Parental Notification

NEW HAMPSHIRE STATUTES

RSA 132:32-36. Parental Notification Prior to Abortion   GO>

Link verified on: October 7, 2016

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: February 22, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

NEW HAMPSHIRE COURT RULES

Superior Court. Rule 54. Petition for Waiver of Parental Notice Prior to Abortion   GO>

Link verified on: October 7, 2016

Learn About New Hampshire Court Rules: Follow this link to learn how to search court rules online as well as what court rules are and how they're published. GO>
 

NEW HAMPSHIRE FORMS

NHJB 2383-S. Petition for Waiver of Parental Notice for Abortion Requested by a Minor   GO>

Link verified on: October 7, 2016

NHJB 2747-SUP. Request for Court-Appointed Counsel in Expedited Confidential Appeal from Lower Court Decision on Parental Notification Prior to Abortion   GO>

Link verified on: October 7, 2016


FEDERAL CASE LAW

390 F.3d 53 (2004) Planned Parenthood of Northern New England v. Heed

Link verified on: October 7, 2016

The plaintiffs bring an action pursuant to 42 U.S.C. § 1983, seeking to have the Parental Notification Prior to Abortion Act ("Act"),[1] passed by the New Hampshire legislature, declared unconstitutional. The plaintiffs also seek an injunction to prevent enforcement of the Act. The Attorney General contends that the Act is constitutional and objects to an injunction.   GO>

546 U.S. 320 (2006). Ayotte v. Planned Parenthood of Northern New Eng.

Link verified on: October 7, 2016

In 2003, New Hampshire enacted the Parental Notification Prior to Abortion Act. N. H. Rev. Stat. Ann. §§ 132:24-132:28 (2005). The Act prohibits physicians from performing an abortion on a pregnant minor (or a woman for whom a guardian or conservator has been appointed) until 48 hours after written notice of the pending abortion is delivered 324*324 to her parent or guardian. § 132:25(I). Notice may be delivered personally or by certified mail. §§ 132:25(II), (III). Violations of the Act are subject to criminal and civil penalties. § 132:27.   GO>


FOR MORE HELP ...

Congressional Research Service. Abortion: Judicial History and Legislative Response (January 15, 2016) (RL33467)  GO>

Link verified on: October 7, 2016

New Hampshire Law Library

Link verified on: February 22, 2017

The state's only public law library. Call, email, or visit, we'll be happy to help.   GO>


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