So I've been mulling over the passage of the deceptively named "Child Custody Protection Act" for a couple of days. Others have already weighed in, but I'm interested (of course) in how to work around the law should it be enacted in its present form.
Ignorance of the law is no excuse; if Granny isn't aware that parental notification/consent is required but transports Granddaughter over state lines with the intent to let Granddaughter get an abortion, she's guilty. The only affirmative defense is if Granny "reasonably believed, based on information [she] obtained directly from a parent of the minor or other compelling facts, that before the minor obtained the abortion" the requirements for an abortion in the minor's state of residency were met.
The only play I can see around the edges is what it means to transport. If Granny gives Granddaughter money for a bus ticket to New York, has she transported Granddaughter? What if she buys a second ticket and goes to New York with her? Getting around the law surely could not be so simple as to permit Granny to drive to the state line, let Granddaughter out of the car, let her walk under her own power across the state line, and pick her up on the other side. I'm sure there's some Mann Act and child sex abuse caselaw out there that would make this clearer. Any thoughts?