The Child Custody Protection Act

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Recommended: Parental consent needs to be required for underage women to have abortions

The Child Custody Protection Act

The Child Custody Protection Act (CCPA), introduced on March 23, 1999 by Congresswoman Ileana Ros-Lehtinen (with currently 128 cosponsors), would make it a federal offense to transport a minor across state lines for the purpose of obtaining an abortion in contravention of a state law requiring parental involvement in a minor's decision to obtain an abortion (or judicial waiver of such a requirement). A violation of the Act is a Class One misdemeanor, carrying a fine of up to $100,000 and incarceration of up to one year.

Currently, more than 20 states require the consent or notification of at least one parent (or court authorization) before a minor can obtain an abortion.(1) These parental involvement laws enjoy overwhelming public support.(2)

Nevertheless, these laws are frequently circumvented by adults who transport minors to abortion providers in states that do not have parental notification or consent laws. The CCPA would curb the interstate circumvention of these laws, thereby protecting the rights of parents and the interests of vulnerable minors. The CCPA is not a federal parental involvement law; it merely ensures that these state laws are not evaded through interstate activity. The CCPA does not encroach on state powers, but rather reinforces state powers.

During the 105th Congress, CCPA (H.R. 3682) passed in the House by a vote of 276 to 150. The Senate took no final action upon the legislation. During the current Congress, the Subcommittee on the Constitution held a hearing on CCPA on May 27, 1999. At that hearing the Subcommittee received testimony regarding the need for the CCPA, the legal effects of the bill, and its constitutionality. The Subcommittee held a markup o...

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...addition, parental involvement laws in 12 other states are currently not in effect because of court action regarding those laws.

2. A 1998 New York Times/CBS News poll found that 78 percent of Americans support parental consent before abortions are performed on girls under the age of 18. Parental notification laws receive even greater support. A 1992 national poll by the Wirthlin Group found that 80 percent of Americans support requiring parental notification before an abortion is performed on a girl under age 18. It is not surprising, then, that 78% of registered voters in a recent poll by Baselice & Associates "strongly disagreed" when asked whether "a person [should] be able to take a minor girl across state lines to obtain an abortion without her parents' knowledge." Another 7% "somewhat disagreed," while only 3% "somewhat agreed" and 6% "strongly agreed."

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