Indiana asks to allow ban on providing abortion info to pregnant minors without parental consent

Indiana wants to make it illegal for anyone to tell a pregnant minor about legal abortion services in other states without parental consent.

And the state asked a federal appeals court to allow it to do that in a hearing Tuesday.

Lawmakers passed a measure in 2017, SEA 404, to allow pregnant minors or their parents to sue anyone who provides information to that minor, without parental consent, about abortion services in other states.

A federal court halted the law in 2017 and permanently struck it down in 2024, finding that it violates constitutional free speech protections.

Now, the state wants the Seventh Circuit Court of Appeals to undo those decisions and allow the law to take effect.

"There's certainly a strong interest of the state in ensuring that the parent-child bond isn't broken by a child getting medical procedures without their parents' permission, knowledge or consent," said Indiana Deputy Solicitor General Jenna Lorence.

READ MORE: Judge strikes down state law banning help for minors with abortion access in other states
 

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ACLU of Indiana's Gavin Rose represents Planned Parenthood in the case, which sued to block the law. He said the state is trying to skirt the free speech questions by distinguishing between information provided to minors and referrals for care.

"I can't imagine that there is a constitutional difference between Planned Parenthood saying, 'Here's this information in the event you find it useful' and Planned Parenthood saying, 'Here's this information. If you decide to use it, I happen to know that Dr. Smith has a short wait period,'" Rose said.

There is no timeline for the court's ruling.

Brandon is our Statehouse bureau chief. Contact him at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.