Printer Friendly
The Free Library
22,725,466 articles and books

Parental involvement in minors' abortions.



BACKGROUND: A majority of states require parental involvement in a minor's decision to have an abortion. In light of two U.S. Supreme Court rulings that prohibit pro·hib·it  
tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its
1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid.

2.
 parents from having absolute veto veto [Lat.,=I forbid], power of one functionary (e.g., the president) of a government, or of one member of a group or coalition, to block the operation of laws or agreements passed or entered into by the other functionaries or members.

In the U.S.
 over their daughters' decision to have an abortion, many states require the consent or notification of only one parent, usually 24 or 48 hours before the procedure. Many parental involvement requirements also include a medical emergency exception and a judicial bypass judicial bypass Forensic medicine A form of surrogacy in which a guardian's authority is circumvented and decision-making autonomy passed to the person for whom the guardian had been appointed or designated. See Christian Science, Emancipated minor.  procedure, through which a minor may receive court approval to obtain an abortion without parental involvement. Not all states adhere to adhere to
verb 1. follow, keep, maintain, respect, observe, be true, fulfil, obey, heed, keep to, abide by, be loyal, mind, be constant, be faithful

2.
 this model. On the more stringent end of the spectrum, a handful of states require the consent or notification of both parents. On the other end, several states allow grandparents or other adult relatives to be involved in place of the minors' parents, or as in Maine the law allows a minor with the guidance and counseling guidance and counseling, concept that institutions, especially schools, should promote the efficient and happy lives of individuals by helping them adjust to social realities.  of an abortion provider a`bor´tion pro`vid´er

n. 1. same as abortionist.
 to consent to the procedure. In cases of neglect or abuse, some states waive To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered.

For example, an individual is said to waive the right to bring a tort action when he or she renounces the remedy provided by law for such
 the consent or notification requirement altogether. State court decisions have also contributed to the diversity in requirements: Some state courts have enjoined laws they conclude violate their states' constitutions; at the same time, similar or even more restrictive laws remain in effect in other states.

HIGHLIGHTS:

* 34 states require some parental involvement in a minor's decision to have an abortion.

* 22 states require parental consent only; 2 of which require both parents to consent.

* 10 states require parental notification only; 1 of which requires that both parents be notified.

* 2 states require both parental consent and notification.

* All of the 34 states that require parental involvement have an alternative process for minors seeking an abortion.

* 34 states include a judicial bypass procedure, which allows a minor to obtain approval from a court.

* 6 states also permit a minor to obtain an abortion if a grandparent or other adult relative is involved in the decision.

* Most states that require parental involvement make exceptions under certain circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact.
     2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or
.

* 33 states permit a minor to obtain an abortion in a medical emergency.

* 14 states permit a minor to obtain an abortion in cases of abuse, assault, incest incest, sexual relations between persons to whom marriage is prohibited by custom or law because of their close kinship. Ideas of kinship, however, vary widely from group to group, hence the definition of incest also varies.  or neglect.

FOR MORE INFORMATION:

For information on state legislative and policy activity click on Guttmacher's Monthly State Update and for state level information and data on reproductive health Within the framework of WHO's definition of health[1] as a state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity, reproductive health, or sexual health/hygiene  issues, click on Guttmacher's State Center. To see state specific abortion information click on State Facts About Abortion.

Jones R, Singh S and Purcell A, Parent-child relations among minor females attending U.S. family planning family planning

Use of measures designed to regulate the number and spacing of children within a family, largely to curb population growth and ensure each family’s access to limited resources.
 clinics, Perspectives on Sexual and Reproductive Health, 2005, 37(4):192-201.

Dailard C and Richardson C, Teenagers' access to confidential reproductive health services, The Guttmacher Report on Public Policy, 2005, 8(4):6-11.

Jones RK et al., Adolescents' reports of parental knowledge of adolescents' use of sexual health services health services Managed care The benefits covered under a health contract  and their reactions to mandated parental notification for prescription contraception contraception: see birth control.
contraception

Birth control by prevention of conception or impregnation. The most common method is sterilization. The most effective temporary methods are nearly 99% effective if used consistently and correctly.
, Journal of the American Medical Association JAMA: The Journal of the American Medical Association is an international peer-reviewed general medical journal, published 48 times per year by the American Medical Association. JAMA is the most widely circulated medical journal in the world. , 2005, 293:340-348.

Jones RK and Boonstra H, Confidential reproductive health services for minors: the potential impact of mandated parental involvement for contraception, Perspectives on Sexual and Reproductive Health, 2004, 36(5):182-191.

Boonstra H and Nash E, Minors and the right to consent to health care, The Guttmacher Report on Public Policy, 2000, 3(4):4-8.

Saul R, Using--and misusing--data on age differences between minors and their sexual partners, The Guttmacher Report on Public Policy, 1999, 2(4):10-11 & 14.

Saul R, The child custody The care, control, and maintenance of a child, which a court may award to one of the parents following a Divorce or separation proceeding.

Under most circumstances, state laws provide that biological parents make all decisions that are involved in rearing their
 protection act: A 'minor' issue at the top of the antiabortion agenda, The Guttmacher Report on Public Policy, 1998, 1(4):1-2 & 7.

Henshaw SK, The impact of requirements for parental consent on minors' abortions in Mississippi, Family Planning Perspectives, 1995, 27(3):120-122.
PARENTAL INVOLVEMENT IN MINORS' ABORTIONS

                          REQUIRED PARENTAL INVOLVEMENT

                                    Notification    Notification
STATE                Consent Only   and Consent         Only

Alabama                   X
Alaska                   (a)
Arizona                   X
Arkansas                  X
California               (a)
Colorado                                                  X
Delaware                                           X *, ([dagger])
Florida                                                   X
Georgia                                                   X
Idaho                     X
Illinois                                                 (a)
Indiana                   X
Iowa                                                      X
Kansas                                                    X
Kentucky                  X
Louisiana                 X
Massachusetts             X
Michigan                  X
Minnesota                                           Both parents
Mississippi          Both parents
Missouri                  X
Montana                                                  (a)
Nebraska                                                  X
Nevada                                                   (a)
New Jersey                                               (a)
New Mexico               (a)
North Carolina            X
North Dakota         Both parents
Ohio                      X
Oklahoma                                 X
Pennsylvania              X
Rhode Island              X
South Carolina       X ([dagger])
South Dakota                                              X
Tennessee                 X
Texas                     X
Utah                                     X
Virginia                  X
West Virginia                                            X *
Wisconsin                 X *
Wyoming                   X
TOTAL                     22             2               10

                               ALTERNATIVES

                          Judicial         Other Adult
STATE                      Bypass           Relatives

Alabama                       X
Alaska
Arizona                       X
Arkansas                      X
California
Colorado                      X
Delaware               X *, ([dagger])     X ([dagger])
Florida                       X
Georgia                       X
Idaho                         X
Illinois
Indiana                       X
Iowa                          X                 X
Kansas                        X
Kentucky                      X
Louisiana                     X
Massachusetts                 X
Michigan                      X
Minnesota                     X
Mississippi                   X
Missouri                      X
Montana
Nebraska                      X
Nevada
New Jersey
New Mexico
North Carolina                X                 X
North Dakota                  X
Ohio                          X
Oklahoma                      X
Pennsylvania                  X
Rhode Island                  X
South Carolina          X ([dagger])       X ([dagger])
South Dakota                  X
Tennessee                     X
Texas                         X
Utah                 X ([double dagger])
Virginia                      X                 X

West Virginia                X *
Wisconsin                    X *                X
Wyoming                       X
TOTAL                        34                 6

                          EXCEPTIONS

                                       Abuse,
                                      Assault,
                       Medical       Incest or
STATE                 Emergency       Neglect

Alabama                   X
Alaska
Arizona                   X              X
Arkansas                  X              X
California
Colorado                  X              X
Delaware             X ([dagger])
Florida                   X
Georgia                   X
Idaho                     X              X
Illinois
Indiana                   X
Iowa                      X              X
Kansas                    X              X
Kentucky                  X
Louisiana                 X
Massachusetts             X
Michigan                  X
Minnesota                 X              X
Mississippi               X
Missouri
Montana
Nebraska                  X              X
Nevada                    X
New Jersey                X
New Mexico
North Carolina            X
North Dakota              X
Ohio
Oklahoma                  X              X
Pennsylvania              X
Rhode Island
South Carolina       X ([dagger])   X ([dagger])
South Dakota              X
Tennessee                 X              X
Texas                     X
Utah                      X         X ([OMEGA])
Virginia                  X              X
West Virginia             X
Wisconsin                 X              X
Wyoming                   X
TOTAL                     33             14

Note: Except where indicated, policies require the involvement
of one parent.

(a) Enforcement permanently enjoined by court order; policy not in
effect.

* Allows specified health professionals to waive parental involvement
in limited circumstances.

([dagger]) While most states laws apply to all minors, Delaware's
law applies to women under 16 and South Carolina's law applies to
women under 17.

([double dagger]) The provision only applies to parental consent
requirements.

([OMEGA]) The provision only applies to the parental notice
requirements.
COPYRIGHT 2009 Guttmacher Institute
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2009 Gale, Cengage Learning. All rights reserved.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:State Policies in Brief (Series)
Article Type:Statistical table
Geographic Code:1USA
Date:Apr 1, 2009
Words:1031
Previous Article:Protecting access to clinics.
Next Article:State policies on later-term abortions.
Topics:

Terms of use | Copyright © 2014 Farlex, Inc. | Feedback | For webmasters