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  • Title: Akron Center for Reproductive Health v. Slaby, 12 August 1988.
    Author: United States. Court of Appeals, Sixth Circuit.
    Journal: Annu Rev Popul Law; 1988; 15():46-7. PubMed ID: 12289574.
    Abstract:
    In a challenge to the constitutionality of parental notification provisions of Ohio's abortion statute, the Appeals Court held certain provisions of the statute unconstitutional. This ruling was reversed by the US Supreme Court in 1990. In Minnesota in 1988, the Appeals Court held constitutional parental notification provisions requiring that a minor give both parents 48 hours' notice before undergoing an abortion unless a judicial waiver is obtained. This ruling was upheld by the US Supreme Court in 1990. In the same year, other federal courts 1) granted a preliminary injunction against enforcement of a Florida statute that contained only general pronouncements regarding the confidentiality and expeditiousness of judicial bypass proceedings and the anonymity of petitioners; 2) enjoined enforcement of certain provisions of a Kentucky parental notification statute, but upheld general parental consent requirements and judicial bypass procedures; and 3) enjoined enforcement of certain aspects of a Georgia parental notification act. In addition, state courts held the following with respect to parental notification: 1) an Alabama statute requiring a minor to obtain a judicial waiver if she cannot obtain consent for an abortion from her parents or guardian is not unconstitutional even if the minor's guardian, the Department of Human Resources, cannot give consent because of regulatory prohibitions against an agency's receiving federal funds if it participates in a decision for an abortion and 2) a minor in Massachusetts has a right to have counsel present evidence on behalf of her petition.
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