Dear Member of Congress:

As a non-profit legal advocacy organization dedicated to promoting and defending women’s reproductive rights, we are writing to ask that you oppose the "Child Custody Protection Act," H.R. 476. This legislation would make it a crime for any person, other than a parent, to assist a minor in obtaining an out-of-state abortion if she has not complied with the forced parental involvement laws of her home state. While proponents of the Child Custody Protection Act (CCPA) claim that the bill would protect young women and the rights of parents, their true goal is to deter young women from seeking safe and legal abortions.

A majority of young women talk to their parents about an unwanted pregnancy; those who do not often have compelling reasons. CCPA does not prevent a young woman who cannot involve her parents from seeking an abortion in another state; it simply forces her to journey there alone.

Violating the Constitution

CCPA fails to provide an exception for a young woman’s health as required by the Supreme Court in Roe v. Wade and Stenberg v. Carhart. Further, CCPA places an undue burden on a young woman’s access to abortion, hinders the right travel, compromises the right to associate, and violates principles of the Equal Protection Clause.

This legislation is also a radical departure from well-established principles of federalism. CCPA is an unprecedented attempt by Congress to selectively enforce the laws of a minority of the states while undermining the policies of the majority of the states.

Creating Chaos and Punishing Adolescents

CCPA would create chaos for everyone involved in a minor’s abortion decision: the young woman, the supportive individuals on whom she relies, and health care providers. Health care professionals would face the task of comparing their own state’s laws to the laws of other states and, if necessary, make sure that a minor complied with all applicable laws before providing her with an abortion.

By making it more difficult for them to safely access constitutionally protected abortion services, CCPA would punish the very adolescents that it purports to protect. Mandating communication only with parents punishes minors by criminalizing assistance received from close family and friends, clergy or counselors.