New Jersey 2024-2025 Regular Session

New Jersey Senate Bill SCR117

Introduced
12/9/24  

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

The proposed amendment responds to previous legal challenges that declared the existing parental notification laws unconstitutional, specifically referencing the 2000 New Jersey Supreme Court ruling in Planned Parenthood of Central New Jersey v. Farmer. The court found that the law unconstitutionally distinguished between various types of medical care minors may seek, emphasizing a woman's right to privacy as protected by the state constitution. By introducing SCR117, the legislature seeks to restore parental notification rights that were stripped away by the court's decision, thus changing how minors can access pregnancy-related healthcare services.

Voting

Upon final agreement, SCR117 would be subjected to a public vote in the subsequent general election, ensuring that New Jersey citizens have a say in its adoption. The amendment will need to be adequately publicized three months prior to the election, providing voters with the opportunity to understand its implications fully. The outcome of this vote could set a significant precedent regarding parental involvement in minors' healthcare choices in New Jersey.

Summary

SCR117 proposes a constitutional amendment in New Jersey aimed at enforcing parental notification requirements for medical or surgical procedures relating to pregnancy for unemancipated minors. If passed, the amendment would permit the New Jersey Legislature to mandate that parents or legal guardians be notified before their minor or incompetent child undergoes any such treatment, irrespective of existing rights outlined in the state constitution. This proposal seeks to amend Article I of the New Jersey Constitution by adding a new paragraph that explicitly requires notification, thereby addressing historical legal challenges to parental notification laws.

Contention

Opponents of SCR117 may argue that such a requirement could hinder a minor's access to necessary medical services, particularly in sensitive and urgent situations. It raises questions about the balance between parental rights and a minor's autonomy. Advocates for the amendment, on the other hand, may argue that parents have a fundamental right to be informed regarding their child's medical care, believing that parental involvement in such significant decisions is crucial. Therefore, the amendment highlights ongoing debates about reproductive rights, parental control, and the health rights of minors.

Companion Bills

NJ ACR81

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

NJ ACR59

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

NJ SCR21

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

Previously Filed As

NJ ACR99

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

NJ HB191

(Second New Title) providing criminal penalties for the transporting of an unemancipated minor in order to obtain a surgical procedure or a termination of the minor's pregnancy without parental permission.

NJ HB400

Provides relative to a minor's consent for medical procedures and treatments

NJ HB775

Provides relative to minor's consent for medical procedures and treatments

NJ SCR30

Proposes constitutional amendment to limit effective period of certain emergency orders, rules, or regulations issued by Governor to 14 days.

NJ S1351

Requires parent to be notified when minor undergoes procedure or treatment under certain circumstances.

NJ ACR35

Proposes constitutional amendment to require two-thirds majority vote by Legislature for bills proposing a new or increased State tax, fee, surcharge or civil penalty.

NJ HB813

Parental access to minor's medical records; consent by certain minors to treatment.

NJ SJR10

Proposing a constitutional amendment guaranteeing the right of individuals to refuse medical treatments.

NJ SCR115

Proposes constitutional amendment to dedicate certain revenues for State transportation system.

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