051074  Abortion Bill blocked in State Assembly

Milton Hoffman

ALBANY - The issue of providing health care to save a live fetus after an abortion became entangled with the issue of custody if the child should live, and as a result a bill was withdrawn after a two-hour debate in the Assembly Thursday.

Assemblyman Harold Grune, R-Stony Point, the sponsor of a bill to provide protection and health care for a child who survives an attempted abortion. recommitted his bill to committee after running into strong opposition. He said he intended to work with the objectors over the summer and introduce a new bill next year.

From the beginning of the debate, Grune sought to divorce his measure from the emotionally charged issue of abortion. He insisted that his was not an abortion bill. "It is a health. bill," he declared. "I'm aware of the emotional stress that the abortion issue brought to this house."

HIS BILL would have provided that all abortions after the 12th week of pregnancy be performed in a hospital, a measure be said was vital to saving the mother's life. He maintained that three young women in his home county of Rockland died after abortions performed outside hospitals. A second provision of the bill provided that a second phys~ cian be present for a I abortions performed after the 20th week of pregnancy - a physician whose prim responsibility would be to render medical treatment to any live birth.

Although there were some accusations that his bill was an attempt to limit the number of abortions. most of the opposition came from those who were against the provision that the mother lose custody of the child at the time of the abortion.

G r u n e pointed out that should a child survive the abort ion. it would become the custody of the Social Services Department. But, he insisted. the custody would be temporary and the mother or father of the child could make application to get the child, if the ' v decided they wanted it. Objections were raised that the bill was written in a way to punish the woman who sought in abortion. Grune mid he would be happy if such mothers would have a change of heart and claim the child.

Although there were a few flareups the debate was generally subdued in comparison with the ones which led to legalized abortion in 1971.

IN JANUARY, IK3. the United States Supreme Court held that the right to privacy assured women the right to choose whether they wanted an abortion.

Grune displayed the picture of a child resulting from an abortion who is alive today.
He noted that there were two known cases in the state in which the aborted child lived.
..If we had a second attending physician the two maybe could grow to 2000,' ' Grune added.

Assemblywoman Constance Cook. R-Ithaca. who was a pro-abortion leader in 1971. said Grune's bill "appeared to be unnecessary and was punitive in its nature. If a child survive-s an attempted abortion, our present code offers the best medical treatment," she insisted. She said Grune's bill was "clearly unconstitutional because it deprives the mother and father the custody of the child

F R A \ Z LEIGHTER, DManhattan, charged that the effect of Grune's bill was "to curtail abortion and make it more difficult to go and have an abortion." "Even in a normal delivery, we don't need a second doctor to fight for the life of the child. This is an unnecessary medical expense," he added.

The provision that the mother would lose the child to the Social Services Department after the attempted abortion was based on the premise. that she was abandoning it, sup-
porters of the bill said. Grune said that the right of the woman's privacy terminates when
the fetus is removed, dead or alive. He was joined by Assemblyman Richard Mannix,
R-Larchmont, who said that the decision of the woman to have an abortion ''constitutes
a complete abandonment. We are ratifying the wishes of the mother by having the Social
Services Department take custody.

Grune was praised by Assemblyman Neil Kelleher, R-Troy, who maintained that the legislators who voted for liberalized abortion in 1971 had been left with a guilt feeling.
"Mr. Grune in his wisdom has  given you an opportunity  for a step back to sanity," he said.

Assemblywoman Istella Diggs. D-Bronx, questioned what plans had been made to
care for any children  who survived the abortion and was told that there were many  persons seeking to adopt babies.

She declared that children who had survived abortions "were deformed and I don't think Ws fair to these children to keep them alive."