Illinois Parental Notification of Abortion Act Implemented in Illinois

July 19, 2013
SmithAmundsen Health Care Alert

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On July 11, 2013, the Illinois Supreme Court ruled in The Hope Clinic for Women, Ltd., v. Flores, 2013 IL 112673 (July 11, 2013) Cook Co. (BURKE) that the Illinois Parental Notification of Abortion Act (Act) is valid and should be implemented across the state. It is important for medical providers to fully understand the Act and the steps that must be taken to comply with it.

This Act has been a matter of scrutiny for the past 18 years. The 2009 decision by the federal court 7th circuit to uphold the Act was challenged by the plaintiffs under Illinois Law, specifically whether the Act was constitutional in accordance with the 1970 Illinois Constitution. The Illinois Courts ruled that the decision of the 7th Circuit to uphold the Act could not collaterally estop the plaintiffs to objecting to the implementation under Illinois state law. Nonetheless, the Illinois Supreme Court unanimously affirmed the validity of the Act in accordance with Illinois law. In its ruling the court found that: