What’s Wrong With the Child Custody Protection Act

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


Yesterday, the House and Senate passed the Child Custody Protection Act, which would make it a federal crime to transport a pregnant minor across state borders for an abortion without parental consent, and allow parents to sue abortion providers if their daughters go to a clinic without permission. Today in the American Prospect, Helena Silverstein and Wayne Fishman take the time to explain what’s wrong with this law.

Thirty-four states have laws in effect that require either parental consent or notification before a minor can get an abortion. The official purpose of the CCPA is to bolster these state laws. After all, what good is it for, say, Pennsylvania to require parental consent if grandma or boyfriend can just take missy to New Jersey? It’s a fair enough point.

But here’s another fair point: Not all families are well functioning, and missy might have very good reason to think that dad would unleash some righteous whoop-ass on any daughter of his who is even sexually active, never mind one who wants an abortion. So a minor’s wellbeing can be put at risk by making it more difficult for her to get an abortion without parental involvement — for instance, by going out of state.

Now some supporters of parental notification laws argue that if a pregnant minor is really in trouble with her parents (because they’re abusive, say, or because the girl’s father was the one who got her pregnant), then she can just go get a “judicial bypass” from the courts that would allow her to get an abortion without notifying her parents.

But as Silverstein and Fishman point out, the judicial bypass system is a complete and utter mess. In Alabama and Tennessee, “nearly half of the courts charged with implementing the bypass mechanism were unprepared to do so.” And many judges, unaware of their responsibilities, simply refuse to give pregnant minors a waiver to get an abortion for ideological reasons. So often there’s no escape, and the CCPA is, in effect, bolstering a court system that doesn’t work.

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate