Our
society is writing to every member of Parliament to seek support for the
restoration of the rights of parents to exercise their responsibilities
in protecting their children. Section 37 of the Care of Children Bill
provides for a girl under the age of sixteen to have an abortion without
the knowledge or consent of the parents or guardians. In practice a girl
may be taken from school by a teacher, school counselor or a friend to
have an abortion without the knowledge or consent of parents. In the
event that a complication should occur during the abortion that requires
surgery, the consent of parents is required before surgery may be
undertaken. This is a serious breach of trust that parents place in
school staff to attend to the educational needs of the girl. Parents
have not delegated to school staff the responsibility to make a decision
concerning an abortion on their child.
Some
of the reasons for our opposition to this Section are as follows; -
1. Section 37 is in
fact pro-abortion and anti-life. It encourages the killing of an unborn
child and effectively
eliminates adoption as a life nurturing option.
2. Section 37 breaks
down the trust that should exist between parents and children.
3. Section 37 places
parents at a great disadvantage in providing assistance for their child
who may suffer medical or
psychological problems following an abortion of which they are unaware
of.
The state holds the
parents responsible for not providing proper care and protection for
their child. In contrast,
the state does not hold responsible a school councilor, teacher, or a
member of the Family
Planning Association who have been responsible for facilitating an
abortion without the consent
or knowledge of the parent.
4. A girl under the
age of sixteen is under the age of consent. The male responsible for the
pregnancy is often an older
male who could be charged with a criminal offense. The offense may be
one of rape and possibly
incest. Section 37 allows this offense to go unreported to the Police
and the offender to escape
responsibility and punishment for his offense. This could result in the
girl continuing to be subject
to the offensive and criminal activity. This is not in the best
interests of the girl or her family.
5. It is acknowledged
that it would often be very difficult for a young girl under the age of
sixteen to advise her
parents that she was pregnant. The initial reaction would understandably
be one of anger. This anger
would normally soon be replaced by unconditional love and compassion.
6. Section 37 is
contrary to several international conventions. The United Nations
Convention on the Child 1989, has in its preamble the following; -
“ Convinced that the family, as the fundamental group of
society and the natural environment for
the growth and well being of all its members, and particularly
children, should be afforded the
necessary
protection and assistance so that it can fully assume its
responsibilities within the
community.”
7. There is community
support for parental consent. In October 1999 Right to Life New Zealand,
then named ‘The Society
for the Protection of the Unborn Child Christchurch Branch INC.,’
commissioned A. C. Nielsen to conduct a survey of one thousand
persons in New Zealand on attitudes
to the Guardianship Act, Section 25A. Respondents were asked if
Parliament should amend the
Guardianship Act to require the written consent of parents or guardians
before an abortion is
carried out on a female less than sixteen years of age. Sixty
three percent of respondents
agreed that Parliament should amend the Guardianship Act to
require the written consent of parents
or guardians before an abortion is carried out on a female less
than sixteen years. Thirty five percent
of the respondents strongly agreed and twenty eight percent
agreed.
8. Laws requiring
parental consent or notification before an abortion may be performed on
a young woman under the age
of eighteen have been passed by forty four states in the United States.
One of these states has the
age requirement at sixteen. Two others have an age requirement of
seventeen. A total of
twenty four states have consent laws.
9. Parental
Consent Laws Save Lives
Studies done in the United States reveal that following the
introduction of parental consent /
notification laws there has been a reduction in teenage abortions
of between 13 – 25% in states that
have this legislation. The Abortion Supervisory Committee have
advised that for the year 2002 there
were 288 girls under the age of 16 who had an abortion a parental
consent amendment to this Bill could
save the lives of more than fifty unborn children.
Recommendation
It is recommended that section 37 be replaced with the following
amendment – Section 37.
Consent
to Abortion
(1) No female child under the age of 16 may consent to the
carrying out on her of any medical or surgical
procedure for the purpose of terminating her pregnancy without
obtaining the consent of at least one
parent or guardian.
(2) Consent of a parent or guardian is evidenced by an affidavit
signed by the parent or guardian, in the
presence of a barrister and solicitor, or a notary public.
(3) Any female child may refuse her consent to the carrying out
on her of any medical or surgical procedure
for the purpose of terminating her pregnancy, notwithstanding any
consent given by parent or guardian
under subsection (1).
Conclusion
Abortion
entails the killing of an innocent and helpless unborn child who is the
weakest and most defenseless member of our human family. Section 37
promotes a culture of death. We respectfully request that you support
and promote a culture of life by supporting our society’s proposed
amendment to the Care of Children Bill.
We
would be grateful if you would advise our society of your position on
this important issue.
Thank
you for your efforts to protect life and promote the family.
Yours
sincerely
Ken
Orr
For
executive