Planned Parenthood of Indiana and Kentucky, Inc. v. Adams, No. 17-2428 (7th Cir. 2019)Annotate this Case
Indiana statutes provided a fast and confidential judicial bypass procedure that is supposed to allow a small fraction of pregnant, unemancipated minors seeking abortions to obtain them without the consent of or notice to their parents, guardians, or custodians, Ind. Code 16-34-2-4(b). In 2017, Act 404 added a parental notification requirement: Parents must be given prior notice of the planned abortion unless the judge also finds such notice is not in the minor’s “best interests” unlike the judicial bypass of parental consent, which may be based on either maturity or best interests. The district court issued a preliminary injunction against enforcement of the new notice requirements, finding it likely to “create an undue burden for a sufficiently large fraction of mature, abortion-seeking minors in Indiana.” The Seventh Circuit affirmed. Indiana’s notice law creates a substantial risk of a practical veto over a mature yet unemancipated minor’s right to an abortion. This practical veto appears likely to impose an undue burden for the unemancipated minors who seek to obtain an abortion without parental involvement via the judicial bypass. Indiana has made no effort to support with evidence its claimed justifications or to undermine with evidence Planned Parenthood’s showing about the likely effects of the law.