Who Are These Girls?
I haven't said a lot about the part of my job involving parental notifications. It's not that I don't have a lot to say, but the intricacies of keeping my online life separate from my professional life get the most volatile here, and I play it extremely safe.
In light of Alaska passing a parental notification law, I thought I'd note a few brief things.
This is based on my personal experience. These are not statistics. My state doesn't keep statistics, because of the fear that the judges who are following the law and their job descriptions will be outed as following the law and their job descriptions, and they will be forced out of office and/or receive death threats because they are following the law and their job descriptions (THE NAZIS DID TOO!!!1!!).
This is not a silly fear; it has happened and it will happen again.
So, in my personal experience, here is who comes in to get a bypass for parental notification, presented in order of Happens Most Often to Happens Least Often (but still happens):
DMIA: Dad Missing In Action
Anecdotally, this accounts for about 9 out of every 10 girls we see. Usually, dad is alive, and he is out there somewhere, but she either doesn't know where he is or hasn't spoken to him since she was three, and doesn't want to call up the stranger who abandoned her, reveal deeply intimate personal details, and then beg him to sign the piece of paper that says she can get medical attention. The girl finds it deeply humiliating that just by virtue of having fucked her mom once, this dude who doesn't give a shit about her now has veto power over her life, so she may not even bother trying to call her absent dad and explain to him that she's still a real live person and she even has sex now, so let's hear what you awkwardly or crudely think about that, dad, because you've apparently earned an opinion by virtue of having a functional dick 16-odd years ago.
This girl comes in with her mother and often her boyfriend.
Subset A: Mom and the girl know where dad is, but he's been served with a restraining order.
Subset B: Mom and the girl know where dad is, but he's an active drug addict and they're afraid of approaching him or having him involved in their lives in any way.
Subset C: Mom and the girl know where dad is, and contact him, and explain the situation, and send him the piece of paper he has to sign. He doesn't send it back. They call and remind him. He says he'll get right on it. He doesn't send it back. They call and remind him. He stops taking their calls. The abortion will now cost twice as much, and if they wait any longer, they may miss the legal deadline. This dad could be attempting to block the abortion, but it's just as likely that the kind of father who absents himself from his child's entire life is just utterly self-centered and irresponsible, and doesn't really give a shit what happens to her.
Bonus: Sometimes, DMIA isn't even on the birth certificate - he's been MIA since the get-go. That means he's not legally a parent. The girl does not legally have a father that she can notify. Because the law is so vague about how to define a parent, the clinic usually won't accept those circumstances as legal enough, because all it takes is one legal loophole for them to get shut down . So, if she can't get DMIA to officially agree that he has been notified, they cover their ass and send her to get a bypass.
The judge is also covering hir ass, however, and judges tend to perform the minimum intervention required or allowed by law, because (short answer brushing over A LOT of context and details) judges don't want to make a ruling that is so out of line with the current law that it gets overturned on appeal. The law says a girl must notify her parents. The girl legally only has one parent. The judge may not grant her a bypass, because legally she doesn't need one. So now she has to find a clinic that is willing to take a huge legal risk on her, because you never know when DMIA will decide to MRA.
Here is my suggestion on DMIA*: Since we've established, via parental notification and consent laws, that the state has a vested and apparently legally legitimate interest in mandatorily enforcing parent-child communication, let's have this go the other way. Let's pass a law that says a parent must communicate with their child once a month to maintain the right to parent. This communication must be legally documented, via a written statement that must be notarized. The notarization will require both a legal ID and a birth certificate. If a parent fails to document their monthly communication with their child, their parenting rights are automatically terminated. A parent can attempt to bypass the communication law by seeing a judge and explaining their circumstances, if a judge is available anywhere in the state to hear the plea. If the judge denies their bypass, they can appeal, but there are no lawyers in the state that is trained and/or will involve themselves in such a case, because of the publicity.
If it's good for the goose, it's good for the gander.
Dead Parent
If the girl doesn't have a death certificate, she has to get a bypass. Her living parent may have lost the death certificate. Or they may have never gotten one, because the deceased parent hadn't been a part of the family for quite some time and it didn't seem important to get the death certificate of your divorced partner who hasn't seen their kid since the kid was three. To acquire a death certificate would take more weeks than the girl can wait and still acquire a legal or affordable abortion.
This girl comes in with her living parent and often her boyfriend. Her living parent is often fucking pissed. Because their partner died, they're no longer legally allowed to make medical decisions for their child; they must beg a stranger for this privilege. If the death was fresh, or significantly painful (and how many aren't?) then this turns into a big grief trigger-fest for all who knew the dead parent and must now ruminate on how the death limits their ability to legally live their lives.
Opposed Parents
Legal notification doesn't mean the same thing it means in daily life. A girl can't just be like, "Mom, Dad, guess what." A clinic can't just call a parent up and say, "You got notified! Booyah!" A clinic needs to show that they have followed the law. Unless a state has specifically laid out what "notification" means, and how a clinic can show that they've fulfilled this requirement (mine hasn't), the clinic has to guess. And they're going to err on the side of caution, since a vaguely defined law is sort of like a vaguely made threat: perform action X perfectly or you will be severely punished, and no, I will not tell you what action X is, nor what I mean by perfect, but I will be standing over here sinisterly stroking this gun.
So, notification often means a signed piece of paper, perhaps notarized. Which effectively turns "parental notification" into "parental consent," because parents can and do refuse to sign. Two parents can be standing in a clinic next to a girl, and the clinic can be announcing over the loudspeaker that their daughter is seeking an abortion (or, if they're deaf, showing them a slideshow with bright red Comic Sans font and ALL CAPS), but legally, they have not been notified of shit.
So, a girl may have notified her parents. The clinic may have notified the parents. The parents know. They have been told. But they refuse to legally admit they know, so even though the parents have been notified, and the ostensible reasoning behind this law has been fulfilled (we must enforce communication between parents and minors), this girl still has to ask a judge to allow her to not tell her parents, who have been told.
The reasons why the parents refuse to legally admit they've been notified vary. Often, they're anti-choice, and they consider admitting they've been notified tantamount to endorsing or causing an abortion. But just as often, they're attempting to punish the girl or punish each other for some unrelated reason. Say mom is willing to sign, but dad is pissed that mom is "always" taking sides against him, so he won't sign. Say dad is willing to sign, but mom wants a different custody arrangement, and thinks she might use this as a bargaining chip. Say both parents are willing to sign, but only if the girl tells them who impregnated her. Say both parents refuse to sign, because the girl's grades are failing and she's smoking and they just can't control her, so they're going to prove to her that she needs her parents and had better stop pissing them off.
When this girl comes in, she's usually not angry at her parents. She's more resigned. She can't afford anger. She has to keep living there. This girl comes in with a friend, a pro-choice relative, and/or her boyfriend.
No ID
A parental notification law requires parents, and it requires notification. If neither of those items are defined by the parental notification law (which begs the question of how one could be so concerned about parents and notification if one cannot be arsed to explain what either one is), the clinic has to guess at what will stand up in court as a "parent" and what will stand up in court as "notification."
So, in (purposeful) absence of any legal direction, what does a clinic decide constitutes a parent? Usually, a driver's license and a birth certificate. Some parents don't have those. The processing time to get one is longer than the girl can wait. Some parents do have them, but, perhaps because they are Opposed Parents, they refuse to produce them. Or, perhaps they are simply abusive, irresponsible, lazy, or uninterested in their daughter's welfare.
Fun story: my father refused to produce my birth certificate or Social Security card when I needed to get my driver's permit. He swore to me that I had it. I had never seen either. He told me to find it. I asked if I could look in his room, and he said he would kick me out of the house if I did that. When I told him I couldn't find them anywhere else in the house, he angrily told me, "Then call the Social Security Office and order one! How stupid are you?" Because of this - and because of the immense difficulty of acquiring a driver's license if you don't have parents who will teach you to drive or lend you a car to practice on - I didn't get my license until I was 24.
I still do not know what bug my dad had up his ass here, but it doesn't matter - the fact is, some parents are bug-asses for their own fucked-up reasons. If the bug-asses have access to all the ID papers that proclaim their daughter legally exists, you can see how this is an issue for their daughter.
This girl comes in with both her parents (if they're not parents who are deliberately being assholes, but just don't have the docs), or the one who can afford to miss work, and her boyfriend.
Subset A: The girl whose parents are undocumented immigrants. This girl does not come in with her parents. Her parents are afraid that somebody will report them to ICE. This is not an idle fear. Sometimes we have to sneak the girls around in a Family Circus-like route to avoid certain individuals.
Rape
If a girl has been raped, she doesn't legally have to fulfill the parental notification requirement, but only if she files a police report. So, we see the girls who don't file.
Why don't they file? There are as many reasons for not filing as there are raped girls; all their lives and circumstances are very, very individual, and even the few general reasons I can give don't cover it. Maybe they don't want their parents to find out. Maybe they don't want to be harassed at school, because when their rapist gets taken away in handcuffs, everybody will damn sure know who tattled. Maybe they don't want to talk to the police (perhaps they also have a record, or have had bad experiences with the police, and don't necessarily consider them helpful). Maybe processing the trauma of the rape to the point where she can admit what happened and start to deal with it takes a long time, likely longer than the window of time she has available for an affordable abortion, so the abortion comes first and the police report comes after. Maybe she thinks she won't be believed, and doesn't know how to assert herself with the police enough that she ensures a police report is filed. Maybe the person who raped them is a close family friend, or a family member, and they suspect that a report will get them put into foster care (they're correct).
If she is very unlucky, she will get a by-the-book judge who dismisses her case, telling her to go file a report - she's been raped, ergo, no need for a bypass. So, sometimes the girls won't say "rape." They will describe a rape, but they won't call it that. In these cases (in all rape cases, actually), we notify the clinic if they didn't already know. The clinic will preserve the fetal tissue in the off chance that the girl decides in the future to file a report; now she has some evidence of what happened to her.
This girl comes in alone, and you have to ask her to repeat herself several times, because she is very quiet.
Rape But Not Really
Sometimes a girl comes in for a bypass, and in her mind, she is just Ruin My Relationship. But once she describes how she came to be pregnant, and why she doesn't want to tell, it becomes apparent to us that she was raped but doesn't realize it.
This girl has usually been raped by a much older man. She won't report it as rape because she thinks they're dating and he loves her and it's not a big deal anyway, it's not like he hit her or anything. She doesn't want to tell her parents because she thinks they will report him for statutory rape. She may not want him arrested because she loves him and wants to be with him. She may not want him arrested because she's scared of him. She may not want him arrested because his house is the only house she can go to when she needs to escape her abusive parents, and she suspects that when she's 18 she's going to have to live with him to survive.
This girl doesn't report what happened to her as rape (and thus, doesn't file and doesn't get the exemption) because she truly believes what happened to her was appropriate and right, and that this is what she can expect from sex.
This girl comes in alone.
Subset A: Pimped. She gives the barest amount of information possible. She has obviously been thoroughly prepped about what she can and cannot say. She lies about everything. She will not disclose to you. You are a stranger. You will arrest her. She is right - we will take her into protective custody if we can.
Abusive Family
They might beat her. They might throw her out. They might rape her (someone in her family might be the father). They might make her life unlivable. They might take her out of school. This girl wants us to believe she is Ruin My Relationship or DMIA, (if DMIA, she tells us her mom knows but couldn't make it today). She rarely discloses her abuse. We may pick up hints of it, enough to figure the truth, but not enough to report.
She may know she's from an abusive family. She may not. She may simply be used to not talking about it, because it's so shameful. She may not know there's anything to talk about, assumes that everybody lives this way.
She will not disclose to us, and she has not disclosed to the clinic, because we are complete strangers. The clinic doesn't have access to her medical records, which could possibly help them discover the history of abuse. The clinic is not her usual doctor, or usual clinic. This girl does not disclose because abortions are performed as something separate and segregated from other routine medical care, and at a time during which this girl may have the guts to tell somebody what is happening to her, she is surrounded by complete strangers, and called a whore and a murderer whenever she tries to access those strangers.
This girl comes in alone, though sometimes with a fiercely protective friend (the friend knows it's an abusive family, even if the girl doesn't).
Ruin My Relationship
"I can't tell my parents because it will ruin my relationship with them." That's all they'll say.
We generally assume there is more explanation than that, but can't always get at it. Kids haven't had the time, experience, or sometimes necessary brain development to fully describe certain difficult concepts, including their relationship with their parents. I mean, how many adults can really accurately describe the complex ins and outs of these relationships?
"It would ruin our relationship" may mean "my dad is bipolar and he can't handle this." It may mean "my parents think they are hiding the fact that their relationship is falling apart, but I can tell, and I don't want to put more on them." It could mean, "They'll let me live in their house and they'll let me eat their food but they will stop speaking to me until I am in my 30s, because that's what they did to my sister." It might mean, "They'll take away my college funds if they find out." It might mean, "My parents have always stated that they think abortion is evil and wrong and the women who get them are selfish and whores and I have no way of knowing that they would change their minds and their tunes once they knew it was me they were talking about." It's hard to tease those details out of a sullen teenager having a bad day, especially if these are details she herself hasn't fully processed.
There is usually a much bigger story to Ruin My Relationship, but nobody gets to hear it, because we are all strangers to her, and she knows that her ability to adequately present herself to us is what stands between getting medical care or having a baby. She's often afraid that her reasons aren't good enough, that if she tells us about how hard it is at home, somebody will say, "Well, toughen up, that's no reason not to talk to your parents," and she will have to face whatever there is at home for her alone. So she gives a simple line and sticks to it, because she doesn't know how to argue that she is good enough to have the right to access necessary medical care.
This girl comes in with a boyfriend and/or a friend.
Legal Wasteland
This is some kind of tricky shit and could be any kind of wild formation of unseen circumstances. Two examples:
A girl who has had her legal custody transferred to another person, but her parents' legal rights have not been terminated. So her parents are still her parents, even if she doesn't live with them, even if there is a court order that they cannot contact her. She cannot acquire notification from parents she isn't allowed to contact.
A girl who was adopted privately or internationally and her adoptive parents, in a fit of naC/ve and ignorant privilege, never finalized her citizenship or custody, so they're not legally her parents. No, really. Parents do this.
I'm writing these as if they're discrete categories. They're not. They mix and match. Try a girl:
Or, try the girl:
Here is a list of the girls who don't come in to get a bypass for parental notification:
One of these things is not like the other. Do you know? Can you tell?
Girls 1 and 2 - they exist.
Girl 3 - she's a figment of your imagination.
Girl 3 isn't real. She may look like Girl 3 when she comes into a clinic, but once a counselor sits down with her, a story comes out. The story is either one of the categories above, or it is, "Okay, I can tell my parents, I was just hoping not to" or "I was hoping to do it later" or "I was hoping to do it after finals because I am just too stressed to deal with that right now."
The girl who just whimsically doesn't want her parents to know grows up to be the woman who just whimsically gets an abortion, all nail-biting and hair-twirling and "Gosh! I didn't realize my baby has fingernails WHAT." (Fun fact: After these billboards went up, my bear and I incorporated them into our daily language. I’ll have the chicken WHAT. Did you know? I feel fat today WHAT.) That girl haunts the dreams of anti-choicers, much like zombies and naked unprepared math tests haunt mine. These things are fears that have a basis in a very real and persistent anxiety - the newly dead are creepy; being naked unexpectedly is vulnerable; failing math in high school is scary; uncontrolled stupid females are dangerous - but they do not have a basis in a very real nor very persistent actual thing in the world. There are no zombies. There are no unprepared naked math tests. There are no pregnant women who are driving to get ice cream one day and then are like, oh, hey, there's an abortion clinic, I'll just pop right in.
The expectation that this woman exists reminds me of the opening of my favorite Chick tract that I can’t be arsed to find. A dude sits down on a park bench next to another dude. Dude 1 says, "What a beautiful day!" Dude 2 agrees. Dude 1 says, "Thank Jesus Christ for such a glorious day!" Dude 2 says, "Jesus Christ? What's that?" Dude 1 is all, "I'm glad you asked!" So convenient that Dude 2 has been living under a rock for the last 2000 years, never heard of this "Jesus" thing. Otherwise, Dude 1 would have no reasonable transition into Bible study!
It is like, woman accidentally sits on a penis because she thinks that's where lollipops comes from. Then she finds out she's pregnant and she heard that makes you gassy. So she goes to an abortion clinic and an anti street harasser tells her, "You will have a beautiful baby!" and she is like, "Baby? What's a baby?" and they are like, "There's one in your tummy!" and she is all "WHAT." and they are all, "I'm glad you asked! Let's talk about breast cancer." I mean, it's a good thing that woman was such an ignorant slut, or Anti 1 would have had no reasonable transition into Slut-Shaming!
So, there you go. Girls who can't tell their parents about their abortions? After you pass a parental notification law, they still can't tell their parents. Girls who can tell their parents? After you pass a parental notification law, they still tell their parents, unless they fall into an ill-defined legal loophole - then they tell their parents but still have to come get a bypass. A parental notification law accomplishes two things: 1) it takes the girls who can't tell their parents and penalizes them for not being able to tell their parents and, 2) it takes a portion of the girls who can tell their parents and makes them go through the process anyway.
*Please note that I do not actually advocate a law like this being passed. I do not accept that the government has a legitimate interest in legally enforcing parent-child communication, which is why I do not support parental notification or consent laws. But, if the government does have that interest, I don't see why it shouldn't cut both ways. If there is a distinctly difficult set of obstacles that must be undertaken within a parent-child relationship, those obstacles should be shouldered by the parent, because they are the legal adult. All the circumstances I just listed above would then start happening to parents:
You lose your parental rights because there's no notary in your town
You lose your parental rights because judges in your county don't do these cases, and you can't miss work and get to the next county in time
You lose your parental rights because you don't have a birth certificate
You lose your parental rights because you don't have an ID
That would be horrible and shitty, right?
It's just as horrible and shitty when it happens to kids.
If it's legitimate to do this to children, then I say it's legitimate to do this to adults.
And once these consequences start piling on tax-paying, voting men, I'm quite sure the circumstances I laid out above would no longer be seen as too-bad-but-so-what, but egregious attacks on fundamental rights. Once we started forcing adult men to endure the consequences of difficult family relationships - or at least force them to endure these consequences as responsibly as we force children — I bet we'd see an immediate end to laws formed on the basis that the state gets to enforce adult-child relationships.