Judge allows law on abortion notification, strikes penalties

Superior Court Judge John Suddock on Monday rejected the request from Planned Parenthood of the Great Northwest but made some changes to the law, which was approved by voters in August.

The judge removed provisions calling for a fine of up to $1,000 and imprisonment of up to five years for people who violate the law. He also struck a section allowing physicians to be liable for damages.

Other revisions included a change aimed at making it easier for physicians "or their designee" to notify parents, legal guardians or custodians that a minor is seeking an abortion.

Planned Parenthood said it will continue to challenge the parental notification law in court.

In the meantime, pregnant minors should not be afraid to seek medical care as soon as possible, said Clover Simon, vice president of Alaska for Planned Parenthood of the Great Northwest.

"We don't want them to be afraid to come in," Simon said.

Planned Parenthood asserted at a hearing on Friday that the law violated minors' rights because it singled out abortion as the only medical care related to pregnancy that requires parental involvement.

Attorney Janet Crepps argued that treating minors equally means allowing them to retain all services related to their reproduction choices without being burdened. She also said the law would cause girls to delay getting medical services when pregnant, increasing the risk to their health.

Abortions in Anchorage are available up to 13.6 weeks into the pregnancy, Crepps has said. After that, they become second-trimester abortions available at one doctor's practice in the state and performed at Mat-Su Regional Hospital outside Wasilla, increasing the burden and expense.

Beyond 19.4 weeks, no one in the state performs abortions unless the pregnant woman's life is medically threatened.

Mary Lundquist, a senior assistant attorney general from Fairbanks, encouraged Suddock to abide by the wishes of Alaska voters. She also said preventing the law from taking effect Tuesday could deny parents the opportunity to weigh in before their child has an abortion.