Pregnancy, teenagers and the law, 1976.A number of significant developments have occurred since June 1974, when the authors last reviewed state laws and policies affecting the right of teenagers to obtain sex-related medical care on their own consent. (1) At that time, liberalization lib·er·al·ize
v. lib·er·al·ized, lib·er·al·iz·ing, lib·er·al·iz·es
To make liberal or more liberal: "Our standards of private conduct have been greatly liberalized . . . of state laws to affirm the right of young people to consent for their own contraceptive and other medical care, and, in particular, reduction of the age of majority to 18 in most states had established the right of 18-year-old unmarried women to consent for most aspects of their own medical care, including contraception, in at least 45 states and the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States). . In 48 states and the District, they could consent for most pregnancy-related health services health services Managed care The benefits covered under a health contract and for abortion.
Young people under 18, however, still faced considerable difficulty in obtaining medical contraceptive services, and even greater difficulty in terminating an unwanted pregnancy unwanted pregnancy Obstetrics A pregnancy that is not desired by one or both biologic parents. See Teen pregnancy. without parental consent. Only 23 states and the District of Columbia had specifically affirmed the right of these younger teenagers to obtain contraceptive care; 16 states and the District had affirmed their right to consent to abortion; and 11 states had affirmatively established their right to consent to medical care in general.
The past 18 months have seen a continuation of the trend toward liberalization of laws that affirm the right of young people to consent for their own contraceptive care, as well as the trend toward reducing the age of majority from 21 to 18. State legislatures have not looked with equal favor upon the right of minors to consent for their own abortions, and seven states have enacted new legislation requiring parental consent for abortions for unmarried minors. Courts all over the country, however, have (with one exception) invalidated in·val·i·date
tr.v. in·val·i·dat·ed, in·val·i·dat·ing, in·val·i·dates
To make invalid; nullify.
in·val such legislation, holding that a pregnant minor has a constitutional right to make the decision, in consultation with her physician, whether to terminate a pregnancy or carry it to term (see discussion below, p. 19).
Thus, by the end of 1975, it was established that an 18-year-old unmarried woman could consent for all aspects of her own medical care, including contraception, in 46 states and the District of Columbia. (*) In 48 states and the District, she could consent for most pregnancy-related health services and in 49 states and the District, for abortion. (+) (See Table 1.)
Twenty-six states and the District of Columbia explicitly affirm by statute or court decision the right of young people under the age of 18 to consent for contraceptive care; and in 25 states and the District, girls under 18 may obtain abortions without parental consent. With passage of legislation in Wisconsin in 1975, (2) all 50 states and the District now have statutes that establish the right of persons younger than 18 to consent for treatment of venereal disease venereal disease (vənēr`ēəl): see sexually transmitted disease. (see Table 1). Of course, as pointed out in our previous article, the fact that there is no specific affirmative statute or decision in any state does not mean that minors in that state cannot consent to contraception, abortion and other pregnancy-related treatment. Indeed, in many if not most of these states, there is reason to believe that teenagers who have the capacity to give informed consent may consent to all sex-related medical care.
In our earlier article, we stated that the problem faced by minors seeking medical services stems mainly from physician anxiety concerning the old common law (or judge-made) rule that the consent of a parent or guardian is required before a doctor may provide any kind of medical treatment for a minor. We pointed out that there have always been exceptions to that rule, such as treatment in cases of medical emergency and treatment of minors who are legally emancipated e·man·ci·pate
tr.v. e·man·ci·pat·ed, e·man·ci·pat·ing, e·man·ci·pates
1. To free from bondage, oppression, or restraint; liberate.
2. . We discussed the development in recent years of a new exception for the minor who is sufficiently intelligent and mature to understand the nature and consequences of a treatment which is for his or her benefit; and we pointed out that this exception, commonly called the "mature minor doctrine," may be viewed as a logical corollary corollary: see theorem. of the requirement of informed consent for medical care. Before a patient makes a decision about medical treatment, he or she is entitled to a full explanation of the nature of the proposed treatment, its risks, its lim lim
Mathematics limit itations and its alternatives. A minor cannot give informed consent unless he or she is sufficiently intelligent and mature to understand the explanation. This may depend in each case on the nature and seriousness of the medical treatment involved. For example, a federal judge recently pointed out that "many girls of childbearing age are undoubtedly sufficiently aware of the relevant considerations to use temporary contraceptives." Such girls, he pointed out, are legally competent to use contraceptives even though they may lack the knowledge, maturity and judgment to consent to a permanent sterilization sterilization
Any surgical procedure intended to end fertility permanently (see contraception). Such operations remove or interrupt the anatomical pathways through which the cells involved in fertilization travel (see reproductive system). operation. (3)
A milestone was passed in California on September 17, 1975 when Governor Edmund Brown, Jr., signed into law a bill enabling minors to consent to medical and surgical care related to the prevention or treatment of pregnancy (including contraception and abortion, but excluding sterilization). (4) The measure took effect January 1, 1976. A similar bill had been vetoed for three straight years by former Governor Ronald Reagan.
Laws enabling minors to consent for their own contraceptive care were also passed in Alaska and Delaware. (5) The Delaware statute applies to minors 12 years of age and older who "profess to be exposed to the chance of becoming pregnant."
Six other states and the District of Columbia followed the strong nationwide trend toward reducing the age of majority for both sexes to 18. (*)
There have been two judicial decisions of major importance. A federal court in Utah ruled that on grounds of statutory construction as well as of constitutionality, the state could not adopt regulations under federal AFDC AFDC
Aid to Families with Dependent Children
AFDC n abbr (US) (= Aid to Families with Dependent Children) → ayuda a familias con hijos menores
AFDC n abbr and Medicaid programs requiring the written consent of a minor's parents before furnishing 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. services to the minor. (6) In New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of , a three-judge federal court declared unconstitutional a state statute which barred pharmacists from selling nonprescription non·pre·scrip·tion
Sold legally without a physician's prescription; over-the-counter. contraceptives to persons younger than 16. (7)
Until the New York decision was handed down on July 2, 1975, New York was the only state in the Union to have on its books a statute that explicitly restricted the sale of nonprescription contraceptives to minors. (+) The court struck down the statute on the ground that it violated the due process guarantees of the Fourteenth Amendment Fourteenth Amendment, addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1
Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens , including the minors' constitutional right of privacy.
The court found no substantial relationship between the statute and the state's purported interest in seeking to deter sexual intercourse sexual intercourse
or coitus or copulation
Act in which the male reproductive organ enters the female reproductive tract (see reproductive system). on the part of minors younger than 16. The court pointed out that the state of New York "cited no evidence whatever to the Court that sexual activity among young persons under the age of 16 decreases as the availability of contraceptives is restricted." On the other hand, the court found that when sexual intercourse takes place, venereal disease and pregnancy are more likely to occur if contraceptives are not used. The state is seeking review of the decision by the U.S. Supreme Court.
The Utah decision struck down regulations, adopted as part of the state's AFDC and Medicaid plans, providing that family planning services to minors could be furnished only with the written consent of the minor's parents. The three-judge federal court held that these regulations impermissibly im·per·mis·si·ble
Not permitted; not permissible: impermissible behavior.
im added to AFDC and Medicaid eligibility requirements a condition in conflict with the federal Social Security Act. The court also held that the regulations infringed upon the plaintiff minor's right to privacy and were not justified by any compelling state interest.
The court said that the financial, psychological and social problems arising from teenage pregnancy teenage pregnancy Adolescent pregnancy, teen pregnancy Social medicine Pregnancy by a ♀, age 13 to 19; TP is usually understood to occur in a ♀ who has not completed her core education–secondary school, has few or no marketable skills, is and motherhood argue for the recognition of a right of privacy for sexually active minors equal to that for adults. The court also said that the state's interest in protecting minors from possible physical harm associated with birth control was adequately met by the Utah Planned Parenthood Planned Parenthood
A service mark used for an organization that provides family planning services. Association, which employs social workers, licensed physicians and other trained personnel to examine and counsel minors seeking contraceptives.
The State of Utah is seeking review of the decision by the U.S. Supreme Court. Should the Court agree to review the case, the outcome will undoubtedly be influenced by what the Court decides in already pending cases involving parental consent for abortion. (++) If the Supreme Court strikes down statutes requiring parental consent for abortion, it would seem to follow that such requirements for contraception would also fall since it is generally acknowledged to be preferable, from the point of view of health as well as of other considerations, to prevent rather than terminate unwanted pregnancies.
The ruling in the Utah case that the language of federal statutes requires that family planning services funded under federal programs must be made available to minors raises questions about the validity of restrictive legislation in at least one other state. In Kansas, a state statute was recently interpreted by the attorney general to permit state family planning centers to treat only individuals over 18 years of age who are either married or referred by a licensed physician (9) even though Kansas courts have held that mature minors may consent for their own medical care. (10) The Governor has indicated that he will seek to amend the Kansas statute; it is believed that if it is not amended, the state may lose federal funding for its family planning service program.
At the time the authors' 1974 article appeared, parental consent requirements for abortion had been enacted in 13 states. (*) Despite numerous court rulings (see discussion below) invalidating statutory requirements of parental consent for abortions performed on unmarried minors, seven states have enacted such requirements since June of 1974. (+) Eleven other states have passed laws which authorize minors to consent for their own medical care but which specifically exclude abortion. (++) When duplication is eliminated (some states have both types of law), 26 of the 50 state legislatures have endorsed the principle that unmarried minors should not be able to obtain an abortion without parental consent. Most of these parental consent requirements were enacted in connection with other restrictions on the right to abortion, and generally reflect attempts by states to limit the constitutional right to abortion that was established by the 1973 U.S. Supreme Court abortion decisions in Roe v. Wade Roe v. Wade, case decided in 1973 by the U.S. Supreme Court. Along with Doe v. Bolton, this decision legalized abortion in the first trimester of pregnancy. " and Doe v. Bolton Doe v. Bolton, 410 U.S. 179 (1973), was a landmark decision of the United States Supreme Court overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the more well-known case of Roe v. . (ss) (12) They are not necessarily inconsistent with the trend, so apparent in other areas of the law, toward broadening the rights of minors generally.
In its landmark decisions in Roe and Doe, the U.S. Supreme Court held that states may not restrict the right to abortion unless the restriction can be justified by a "compelling state interest." Although the Supreme Court left open the question of the validity of parental consent requirements, a number of courts have invalidated such requirements on the ground that they are not justified by the necessary "compelling state interest." These courts have followed the recent trend in the U.S. Supreme Court and lower courts as well of extending a variety of constitutional rights to minors. In the first case inaugurating this trend, the U.S. Supreme Court held that minors are constitutionally entitled to procedural safeguards in juvenile court juvenile court
Special court handling problems of delinquent, neglected, or abused children. Two types of cases are processed by a juvenile court: civil matters, often concerning care of an abandoned or impoverished child, and criminal matters, arising from antisocial proceedings. (13) Subsequently, the Court upheld the right of public school students to wear black armbands in school as a protest against the Vietnam war Vietnam War, conflict in Southeast Asia, primarily fought in South Vietnam between government forces aided by the United States and guerrilla forces aided by North Vietnam. , and stated that minors are 'persons" under our Constitution and that they "are possessed of fundamental rights which the State must respect." (14) Most recently, the Court has required constitutional safeguards for students facing disciplinary action by school authorities. (15)
At the time our 1974 article appeared, specific statutory requirements of parental consent for abortion had been held unconstitutional by federal district courts in Florida (16) and Utah. (17) Subsequently, the Florida lower federal court decision was affirmed by the U.S. Court of Appeals for the Fifth Circuit in Poe v. Gerstein. The Court of Appeals for the Eighth Circuit affirmed a holding striking down all the provisions of a St. Louis, Missouri, ordinance regulating abortion, including a parental consent requirement. (18) Federal district courts also held invalid parental consent requirements in abortion statutes in Colorado, (19) Kentucky, (20) Massachusetts (21) and Pennsylvania. (22) In addition, federal district courts issued preliminary injunctions preventing the enforcement of parental consent requirements for abortion in Illinois, (23) Indiana (24) and Nebraska, (25) and a state statute requiring parental consent was held unconstitutional by the Supreme Court of the state of Washington. (26)
Missouri's statute requiring parental consent for abortion for unmarried women younger than 18 was the only such state law to withstand court attack. The Missouri statute, which contained many other provisions restricting abortion, was held constitutional by a three-judge federal court. (27) However, the U.S. Supreme Court stayed enforcement of the entire statute even before it agreed to review the case. (28) The Supreme Court has (+) now agreed to review the constitutionality of the Missouri abortion statute as well as the constitutionality of a Massachusetts law that also requires parental consent for abortion for an unmarried minor. The cases will be argued together this spring and their decision may supply much-needed clarification of the rights of minors to consent for their own sex-related medical care.
An excellent analysis of the constitutional issues raised by parental consent requirements for abortion appears in the court's opinion in Poe v. Gerstein. (29) In that case, the U.S. Court of Appeals for the Fifth Circuit pointed out that the state could possibly rely upon four interests to defend a statute requiring parental consent for abortions: preventing illicit sexual conduct among minors; protecting minors from their own improvidence im·prov·i·dent
1. Not providing for the future; thriftless.
2. Rash; incautious.
im·provi·dence n. ; fostering parental control; and supporting the family as a social unit. The court held that none of these interests was a sufficient justification for denying the minor's right to have an abortion and accordingly struck down the Florida statute requiring parental consent for minors' abortions. (**)
The court found no evidence to support the state's argument that the availability of contraception and abortion had increased sexual intercourse among adolescents; it pointed out that many Florida minors had become pregnant and sought abortions during the period prior to Roe v. Wade when Florida had a restrictive abortion law Abortion law is legislation which pertains to the provision of abortion. Abortion has at times emerged as a controversial subject in various societies because of the moral and ethical issues that surround it, though other considerations, such as a state's pro- or antinatalist . (Studies have shown little if any effect from the increasing availability of contraceptives on the incidence of premarital or extramarital sex Noun 1. extramarital sex - sexual intercourse between individuals who are not married to one another
criminal congress, unlawful carnal knowledge - forbidden or tabu sexual intercourse between individuals relations. Apparently, young people rarely seek contraceptive assistance until long after a pattern of sexual behavior sexual behavior A person's sexual practices–ie, whether he/she engages in heterosexual or homosexual activity. See Sex life, Sexual life. has been established. (30))
The court in the Gerstein case further found that a parental consent requirement does not "protect a minor from her own improvidence." Instead, it gives her parents an absolute veto power which may be exercised for any number of reasons unrelated to the minor's welfare. The court pointed out that in any event the abortion procedure must be performed by a physician who is in a good position to counsel the minor regarding the physical and emotional consequences of abortion.
The appeals court in Gerstein also rejected any contention that a parental consent requirement fosters parental control or supports the family as a social unit. "The fact that the minor became pregnant and sought an abortion contrary to the parents' wishes," the court said, "indicates that whatever control the parent once had over the minor had diminished, if not evaporated entirely." The court added that if a minor's pregnancy fractured the family structure, giving the parents a veto power over the minor's abortion could not repair the damage.
Similar reasoning has been employed by federal and state courts throughout the country that have invalidated statutory parental consent requirements for abortions.
Notification and Consultation Laws
Three states-Hawaii, (*) Montanat (+) and Utah (++) - have enacted statutes requiring that parents be notified when an abortion is performed on their daughter. (31) No court has yet ruled on the constitutionality of these provisions; however, in some of the opinions declaring consent requirements unconstitutional, judges have suggested that a requirement of notice to or consultation with a parent might be upheld. (32)
A recent thoughtful analysis points out that statutes conditioning abortion upon a notification or consultation requirement are just as objectionable on constitutional grounds as parental consent requirements, since the harm to the minor far outweighs any possible benefit to the state. (33)
Voluntary Sterilization voluntary sterilization Gynecology The surgical deletion of reproductive capacity, by personal choice. See Sterilization. Cf Involuntary sterilization. of Minors
As pointed out in our earlier article, few adolescents request sterilization except in the unusual cases where any pregnancy would endanger en·dan·ger
tr.v. en·dan·gered, en·dan·ger·ing, en·dan·gers
1. To expose to harm or danger; imperil.
2. To threaten with extinction. their health or where they are carriers of a serious hereditary disease. The subject of sterilization of minors was, however, widely publicized following the disclosure that federal funds Federal Funds
Funds deposited to regional Federal Reserve Banks by commercial banks, including funds in excess of reserve requirements.
These non-interest bearing deposits are lent out at the Fed funds rate to other banks unable to meet overnight reserve were used for the tubal Tubal (t`bəl), in the Bible, son of Japheth. ligation ligation /li·ga·tion/ (li-ga´shun) the application of a ligature.
tubal ligation sterilization of the female by constricting, severing, or crushing the uterine tubes. of two young black adolescents in Montgomery, Alabama, in the summer of 1973.
In a lawsuit brought by the National Welfare Rights Organization, Federal Judge Gerhard Gesell ruled on March 15, 1974, that under the applicable statutory framework, federal funds could not be used at all to sterilize sterilize /ster·i·lize/ (ster´i-liz)
1. to render sterile; to free from microorganisms.
2. to render incapable of reproduction.
1. minors or mentally incompetent adults. (34) Pending appeals from this decision, DHEW DHEW Department of Health, Education, & Welfare extended the previously announced moratorium on federal funding of all sterilizations of persons under age 21 and those mentally incompetent under state law. (33) At the same time, DHEW promulgated prom·ul·gate
tr.v. prom·ul·gat·ed, prom·ul·gat·ing, prom·ul·gates
1. To make known (a decree, for example) by public declaration; announce officially. See Synonyms at announce.
2. proposed regulations with respect to sterilization of mentally competent persons older than 21.
On April 18, 1975, the U.S. Court of Appeals for the District of Columbia Circuit remanded the case to Judge Gesell for consideration of modifications proposed by DHEW of Judge Gesell's original order. The modifications were designed to establish a "universal federal standard of voluntariness" which, under stated conditions and procedures, would permit sterilization of persons 18 years of age and older even where such persons were otherwise incompetent under state standards because of age or mental condition.
Judge Gesell rejected the proposed modifications as inappropriate and contrary to the public interest. In a memorandum issued on October 22, 1975, he stated that he was unwilling to enter an order "which would authorize sterilizations contrary to state law and purport to affect the rights of minors and certain adjudicated incompetents to challenge at some later date the intrusion upon their person on the ground it was conducted in a manner inconsistent with applicable state law." (36) Judge Cesell also noted that any regulation establishing a federal standard for voluntary sterilization should be considered through the rule-making process, after publication in the Federal Register.
Meanwhile, a group of physicians and a few of their patients filed suit in a federal district court in New York challenging city, state and federal sterilization regulations, including the ban on sterilization for minors and mentally incompetent persons. (37) The plaintiffs charged that the regulations single out sterilization from all other medical procedures for excessive restrictions and thereby abridge TO ABRIDGE, practice. To make shorter in words, so as to retain the sense or substance. In law it signifies particularly the making of a declaration or count shorter, by taking or severing away some of the substance from it. Brook, tit. Abridgment; Com. Dig. Abridgment; 1 Vin. Ab. 109. fundamental constitutional rights.
Even when there is no federal funding, the right of minors to consent for sterilization procedures remains unclear. When our 1974 article appeared, statutes in Arkansas, Colorado, North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures
Area, 52,586 sq mi (136,198 sq km). Pop. and Tennessee specifically provided that a person must be 18 or married to consent to sterilization, and Virginia required the consenting person to be 21. Of the state statutes which specifically authorized minors to consent for their own contraceptive care, those of Georgia, Kentucky, Maryland, Montana and the District of Columbia excluded sterilization. Since then, new statutes enabling minors to consent for general medical care or for contraceptive or pregnancy-related care which specifically exclude sterilization have been enacted in California, Louisiana, Massachusetts, Nevada and Oklahoma. Thus, a total of 14 states have enacted statutes specifically providing that minors may not consent for sterilization or they have excluded sterilization from medical services for which minors are specifically authorized to co nsent.
Both legislatures and courts have continued to affirm the right of young people to consent for their own health care in general and for contraceptive services in particular. The right of young people to consent to their own medical care has in part been a by-product of sweeping changes lowering the age of majority. Since mid-1972, (38) 27 states and the District of Columbia have lowered the age of majority, almost all of them to age 18 for both sexes. Only two states, Mississippi and Pennsylvania, still define as minors for all purposes unemancipated individuals under the age of 21; three others, Alabama, Alaska and Nebraska, have established 19 years as the age of majority. Largely as the result of these changes, young people 18 and older may consent to their own medical and surgical care in 46 states and the District of Columbia.
In the past three and one-half years, only Arkansas, Montana and Oklahoma have joined the nine states that affirmed the right of minors younger than 18 to consent to medical and surgical care generally. (*) The number of states and jurisdictions that have affirmed the right of such minors to consent for their own contraceptive care has increased from 12 to 27 in the three and one-half year period; and for pregnancy-related care, from 20 to 31. In mid-1972, prior to the Supreme Court decisions in Roe and Doe, abortion was still illegal in most states, or available under highly restrictive conditions; and minors under 18 could get abortions on their own consent in only two states, New York and California. By the end of 1975, this right had been affirmed in 25 states and the District of Columbia. With respect to abortion, however, there has been marked tension between the courts and the legislatures. Although courts, both federal and state, throughout the country have declared statutory requirements of parental consent for abortion to be unconstitutional, state legislatures have continued to enact such requirements. Further clarification of the law as to minors' rights in this area should result from the decisions of the U.S. Supreme Court in cases now pending before it. It may be hoped that in this context, too, the Court will reaffirm its past holdings that minors are not "second class citizens."
Eve W. Paul is an associate of, and Harriet F. Pilpel and Nancy F. Wechsler are partners in, the law firm of Greenbaum, Wolff and Ernst, which is counsel to Planned Parenthood Federation of America and Planned Parenthood of New York City New York City: see New York, city.
New York City
City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. .
(*.) All but Missouri (21 years), Alaska (19), Nebraska (19) and Wyoming (19).
(+.) All but Wyoming (19). The law in Missouri is unclear (see discussion below, p. 19).
(*.)Arkansas, Colorado, Hawaii, Missouri (for purposes of signing contracts), South Carolina South Carolina, state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW). Facts and Figures
Area, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15. and Utah. Alabama reduced the age of majority to 19. In a number of these jurisdictions, minors of considerably younger ages were already authorized to consent for their own medical care.
(+.)Nebraska and Utah have statutes restricting the sale of prophylactics to minors, however (see reference 8, pp. 234 and 299).
(++.)See discussion, p. 19.
(*.)Colorado, Florida, Indiana, Kentucky, Louisiana, Massachusetts, Missouri, Nebraska, Nevada, Ohio, South Carolina (minors under 16), South Dakota South Dakota (dəkō`tə), state in the N central United States. It is bordered by North Dakota (N), Minnesota and Iowa (E), Nebraska (S), and Wyoming and Montana (W). and Utah. (In addition, Alaska and Washington had statutes predating the Supreme Court decisions in Roe v. Wade, 416 U.S. 113 (1973), and Doe v. Bolton, 410 U.S. 179 (1973), which contained parental consent requirements; these statutes, though far more liberal than the ones declared invalid in Roe and Doe, were in some respects unconstitutional.) Many of the parental consent requirements had already been declared unconstitutional as of June 1974.
(+.)Arkansas, Delaware, Illinois, North Dakota North Dakota, state in the N central United States. It is bordered by Minnesota, across the Red River of the North (E), South Dakota (S), Montana (W), and the Canadian provinces of Saskatchewan and Manitoba (N). , Pennsylvania, Texas and Virginia.
(++.)Arkansas, Georgia, Kentucky, Louisiana, Massachusetts, Missouri, Montana, Oklahoma, Oregon, Texas and Virginia.
(ss.) These include laws: (1) requiring consultation by other physicians, spousal spou·sal
1. Of or relating to marriage; nuptial.
2. Of or relating to a spouse.
Marriage; nuptials. Often used in the plural. consent and measures to save a viable fetus; (2) prohibiting the use of public funds See Fund, 3.
See also: Public for abortion and the advertising of abortion services; (3) including 'conscience' clauses for professionals and institutions; and (4) promulgating facility licensing and reporting requirements. (See: "A Review of State Abortion Laws Enacted Since January 1973," Family Planning/ Population Reporter, 4:108, 1975.)
(**.)The decision of the Court of Appeals for the Fifth Circuit is binding also in the other states of that circuit, which include Alabama, Georgia, Louisiana, Mississippi and Texas. (See: Jackson v. Goste, Civ. No. 74-2425 [ED. La., Jan. 26, 1976].)
(*.) Although in June 1972, the Attorney General of Hawaii The Attorney General of Hawaiʻi is the State Attorney General and the chief legal and law enforcement officer of the State of Hawaiʻi. indicated to the authors that Hawaii's abortion law, together with statutes authorizing minors to consent to pregnancy-related care, enabled minors to consent for abortion, the authors were advised by a letter in 1974 that this interpretation has never been tested and that as a practical matter, young women under 18 cannot get abortions without parental consent. (See: "Teens, Pregnancy and the Law," Family Planning Perspectives, 6:195, 1974.)
(+.) In the same session of the legislature, Montana adopted a statute enabling some minors to consent for all medical care and enabling all minors to consent for the prevention and treatment of pregnancy except for abortion and sterilization. (See: Montana Reg. Session, 1974 New Laws New Laws: see Las Casas, Bartolomé de. , Ch. 312, p. 603, House Bill No. 999.)
(++.) Enacted after an earlier abortion statute with a parental consent requirement was declared unconstitutional in Doe v. Rampton (see reference 17).
(*.) In Montana and Oklahoma, if health or life of minor would be endangered by delay.
(1.) E.W. Paul, H.F. Pilpel and N.F. Wechsler, "Pregnancy, Teenagers and the Law, 1974," Family Planning Perspectives, 6:142, 1974.
(2.) Wisconsin Senate Bill No. 94, Chap. 6(1975).
(3.) Relf v. Weinberger, 372 F. Supp. 1196 at 1202 (D.D.C. 1974).
(4.) California Senate Bill No. 395, Chap. 820 (1975).
(5.) Laws of Alaska, 1974 Chap. 73; Laws of Delaware Chap. 441, Vol. 59(1974).
(6.) T_____ H_____ v. Jones, D. Utah Central Division No. C. 74-276, July 23, 1975. After the state filed a petition for certiorari certiorari
In law, a writ issued by a superior court for the reexamination of an action of a lower court. The writ of certiorari was originally a writ from England's Court of Queen's (King's) Bench to the judges of an inferior court; it was later expanded to include writs (44 U.S. Law Week 3265 [Oct. 24, 1975]), the Supreme Court Invited the Solicitor General An officer of the U.S. Justice Department who represents the federal government in cases before the U.S. Supreme Court.
The solicitor general is charged with representing the Executive Branch of the U.S. government in cases before the U.S. Supreme Court. to file a brief expressing the views of the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. (44 U.S. Law Week 3358 (Dec. 16, 1975]).
(7.) Population Services International Population Services International (PSI): PSI is a nonprofit organization based in Washington, D.C. that uses private sector funding to address the health problems of low-income and vulnerable populations in 60 developing countries . v. Wilson, 398 F. Supp. 321 (S.D. N.Y. 1975), appeal filed, 44 U.S. Law Week 3162 (Sept. 20,1975).
(8.) National Center for Family Planning Services, DHEW, Family Planning, Contraception and Voluntary Sterilization: An Analysis of Laws and Policies in the United States, Each State and Jurisdiction (as of September 1971), U.S. Government Printing Office, Washington, D.C., GPO Stock No. 1731-0002, 1974, p. 70.
(9.) Kansas Attorney General Opinion No. 75-450 (Dec. 9, 1975).
(10.) Younts v. St. Francis Hospital St. Francis Hospital may refer to:
(11.) 410 U.S. 113(1973).
(12.) 410 U.S. 179(1973).
(13.) In re Gault In re Gault, 387 U.S. 1 (1967) was a landmark U.S. Supreme Court decision which established that under the Fourteenth Amendment, juveniles accused of crimes in a delinquency proceeding must be accorded many of the same due process rights as adults such as the right to timely , 387 U.S. 1 (1967). See also: In re Winship In re Winship, 397 U.S. 358 (1970), was a United States Supreme Court decision which held that when a juvenile is charged with an act which would be a crime if committed by an adult, every element of the offense must be proved beyond a reasonable doubt. , 397 U.S. 358(1970).
(14.) Tinker v. Des Moines Des Moines, city, United States
Des Moines (dĭ moin`), city (1990 pop. 193,187), state capital and seat of Polk co., S central Iowa, at the junction of the Des Moines and Raccoon rivers; inc. School District, 393 U.S. 503 at 511 (1969).
(15.) Goss v. Lopez Goss v. Lopez, 419 U.S. 565 (1974) was a United States Supreme Court case that held that the school must conduct a hearing before subjecting a student to suspension. , 419 U.S. 565(1975).
(16.) Coe v. Gerstein, 376 F. Supp. 695 (S.D. Fla. 1973), affirmed, Poe v. Gerstein, 517 F. 2d 787 (5th Cir. 1975), appeal filed, 44 U.S. Law Week 3319 (Nov. 14, 1975).
(17.) Doe v. Rampton, 366 F. Supp. 189 (D. Utah, 1973), vacated, 410 U.S. 950 (1973).
(18.) Word v. Poelker, 495 F. 2d 1349 (8th Cir. 1974).
(19.) Foe v. Vanderhoof, 389 F. Supp. 947 (D. Colo. 1975).
(20.) Wolfe v. Schroering, 388 F. Supp. 631 (W.D. Ky. 1974).
(21.) Baird v. Bellotti, 393 F. Supp. 847 (D. Mass. 1975), prob. jurisd. noted, 44 U.S. Law Week 3304 (Nov. 17,1975).
(22.) Planned Parenthood Association v. Fitzpatrick, Civ. No. 74-2440 (E.D. Pa., Sept. 4, 1975), appeal filed sub. nom. Beal v. Franklin, 44 U.S. Law Week 3306 (Nov. 13,1975).
(23.) Wynn v. Scott, Civ. No. 75-3975 (N. D. Ill., Nov. 22, 1975).
(24.) Gary-Northwest Indiana Women's Services, Inc. v. Bowen, Civ. No. H-74-289 (N. D. Ind., Jan. 31, 1975).
(25.) Doe v. Exon Exon
In split genes, a portion that is included in the ribonucleic acid (RNA) transcript of a gene and survives processing of the RNA in the cell nucleus to become part of a spliced messenger RNA (mRNA) or structural RNA in the cell cytoplasm. , Civ. No. 75-L-146 (D. Nebr., Nov. 3, 1975).
(26.) State v. Koome, 84 Wash. 2d 901, 530 P. 2d 260(1975).
(27.) Planned Parenthood of Central Missouri v. Danforth, 392 F. Supp. 1362 (E.D. Mo.), prob. jurisd. noted, 44 U.S. Law Week 3200 (Oct. 6, 1975).
(28.) 420 U.S. 918 (1975).
(29.) Poe v. Gerstein, 1975, op. cit.; and R. J. Zuckerman, "Abortion and Contraception: A Minor's Constitutional Right to Privacy," Family Planning/Population Reporter, 4:114, 1975, pp. 115-117.
(30.) D. S. F. Settlage, S. Baroff and D. Cooper, "Sexual Experience of Younger Teenage Girls Seeking Contraceptive Assistance for the First Time," Family Planning Perspectives, 5:223, 1973; B. C. Sorensen, Adolescent Sexuality in Contemporary America, World, New York, 1973, p. 303 ff; M. Schofield, The Sexual Behaviour of Young People, Longmans Green, London, 1965; "Parental Consent Requirements and the Privacy Rights of Minors: The Contraceptive Controversy," 88 Harvard Law Review The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School. Overview
The Review is one of the most cited law reviews in the United States and considered by many to be the most prestigious. 1001, 1010-11 (1975); M. A. Stein, "Furnishing Information and Medical Treatment to Minors for Prevention, Termination and Treatment of Pregnancy," 5 Clearinghouse Review 131 (1971).
(31.) Hawaii Reg. Session, 1975 New Laws p. 945, Act 171, House Bill No. 619, amending Hawaii Revised Statutes A body of statutes that have been revised, collected, arranged in order, and reenacted as a whole. The legal title of the collection of compiled laws of the United States, as well as some of the individual states. Chap. 577 A; Montana Reg. Session, 1974 New Laws Chap. 284, p. 457, Senate Bill No. 715; and Utah Beg. Session, 1974 New Laws p. 143, House Bill No. 30.
(32.) Planned Parenthood Association v. Fitzpatrick. 1975, op. cit. (concurring opinion Noun 1. concurring opinion - an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning
judgement, legal opinion, opinion, judgment - the legal document stating the reasons for a judicial decision; ); and State v. Koome, 1975, op. cit. (majority and concurring con·cur
intr.v. con·curred, con·cur·ring, con·curs
1. To be of the same opinion; agree: concurred on the issue of preventing crime. See Synonyms at assent.
(33.) R. J. Zuckerman, 1975, op. cit., pp. 117-119.
(34.) Relf v. Weinberger, 1974, op. cit.
(35.) Federal Register, Vol. 39, No. 76, p. 13872, April 18, 1974.
(36.) Relf v. Mathews, Civ. No. 1557-73 and National Welfare Rights Organization v. Mathews, Civ. No. 74-243 (D. D. C., Oct. 22, 1975).
(37.) Douglas v. Holloman, U.S.D.C., S.D.N.Y. (Complaint filed Jan. 5, 1976.)
(38.) "Girls Under 18 Can Consent to Birth Control Services in Two-Fifths of the States," Family Planning Digest, Vol. 1, No. 6, 1972, Table 1, p. 3.
Table 1 Age of majority, and ages at which state legislation, court action or attorneys general opinions have specifically affirmed the right of individuals to consent for medical care in general, for contraceptive services, for examination and treatment of pregnancy and VD, and for abortion; as of December 31, 1975 (X = any age) (*) State Age of May consent medical for majority care in general No If married In limitation (M) or emergency emancipated (E) Ala. 19 14 E (9), M X Alaska 19, MF 19 E (6,7,8) X (5,28) Ariz. 18 18 E, M X (10) Ark. 18 X (2,4) E, M X Calif. 18 18 15E (6), M X Colo. 18 (1) 18 15E (6), M 18 Conn. 18 18 E, M 18 Del. 18 18 E, M 18 Fla. 18 18 E, M X Ga. 18 18 (3) M (3) X Hawaii 18 18 18 18 Idaho 18 18 18 18 Ill. 18 (1) 18 M (7) X Ind. 18 18 E, M X Iowa 18, M 18 E, M X Kans. 18 X (4), 16 (5) 18 16 Ky. 18 18 E, M (8) X La. 18, M X (21,3) M X Maine 18 18 E X Md. 18 18 M (8) X Mass. 18 18 E (3,6), M (8) X Mich. 18 X (4) E, M X Minn. 18 18 E (6), M (8) X Miss. 21 X (4) E, M X Mo. 18 (1) 21 E, M (8) X Mont. 18 X (23,3,14) E (3,14) X M (7,3,14) Nebr. 19, M 19 M 19 Nev. 18 18 E (3,4,14) X (3,4,14) M (3,4,14) N. H. 18 X (4) E, M X (4) N. J. 18 18 E, M (7) 18 N. Mex. 18 18 E, M X (10) N. Y. 18 18 E, M (8) X N. C. 18 18 E, M X N. Dak. 18 18 E, M 18 Ohio 18 X (4) 18 X (4) Okla. 18 X (23,3,14) E (3,14) X M (8,3,14) Oreg. 18 (1), M 15 M 15 Pa. 21 18 E (9), M X R. I. 18 18 E 16, M S. C. 18 16 (22) E, M X S. Dak. 18 18 E, M 18 Tenn. 18 18 18 18 Tex. 18 18 16E, M X Utah 18, M 18 M X Vt. 18 18 E, M 18 Va. 18 18 (3) E 18 Wash. 18 18 E 18 W. Va. 18 18 18 X Wis. 18 18 E, M 18 Wyo. 19 19 19 19 D. C. 18 18 (3) E, M (3) X Total At 18 45 35 6 13 <18 12 44 36 State May consent for: Contraception Pregnancy VD Abortion connected care care Ala. 14 X X 14 Alaska X X X 18 Ariz. 18 18 X 18 Ark. X (2,4,12) X (14) X 18 Calif. X (3) X 12 X Colo. X (2) 18 X X Conn. 18 18 X (18) 18 Del. 12 (11) 12 12 18 Fla. X (20) 18 X X Ga. XF (3) X X X Hawaii 18 14 (27) 14 (27) 14 (27) Idaho X (4) 18 14 18 Ill. X (15) X 12 X (24) Ind. 18 18 X X (24) Iowa 18 (12) 18 X 18 Kans. X (4) X X X (4) Ky. X (3) X X X La. 18 (12) X (3) X X Maine X (23) 18 X 18 Md. X (3) X X X Mass. 18 X X (19) X Mich. X (4,12) X (4) X X (4) Minn. X (13) X X X (29) Miss. X (16) X X X (4) Mo. 21 X (14) X 18 Mont. 18 X (14) X 18 (27) Nebr. 19 19 X X (24) Nev. 18 16 X 18 N. H. X (4) X (4) 14 X (4) N. J. 18 X X X N. Mex. 18 (12) X (17) X 18 N. Y. X X (4) X X (4,25) N. C. 18 18 X 18 N. Dak. 18 18 14 18 Ohio X (12,4) X (4) X 18 Okla. 18 (12) X (3,14) X 18 Oreg. 15 (14) 15 (14) 12 18 Pa. X (26) X X X R. I. 18 18 X 18 S. C. 16 16 X 16 S. Dak. 18 18 X 18 Tenn. X (3) 18 X 18 Tex. 18 X X X Utah X X X X (27) Vt. 18 18 12 18 Va. X (3,14) X (14) X 18 Wash. 18 18 14 X W. Va. 18 (12) 18 X 18 Wis. 18 18 X 18 Wyo. 19 (12) 19 X 19 D. C. X (3) X (3) X X Total At 18 21 18 0 24 <18 27 31 51 26 (*)The fact that no affirmative legislation, court decision or attorney general's opinion has been found in a particular state does not mean that some or even all categories of minors below the ages shown in the table do not have the right to obtain some or all medical services on their own consent. Note: Because of reporting lags, the table probably does not include all applicable legislation, cases and attorneys general opinions for 1975. M = Married. F = Female. E = Emancipated. (1)For purposes of signing contracts. (2)Excluding voluntary sterilization if under 18 and unmarried. (3)Excluding voluntary sterilization. (4)If mature enough to understand the nature and consequences of the treatment. See discussion in text (p. 00) of the "mature minor doctrine." (5)If parent not Immediately available. (6)Emancipated defined as living apart from parents and managing own financial affairs. (7)And/or pregnant. (8)Or parent. (9)Emancipated defined as a high school graduate, a parent or pregnant. (10)If no parent available, others may consent in loco parentis. (11)If sexually active. (12)Comprehensive family planning law permits (or does not exclude) services to minors without parental consent. (13)Unless parent has previously notified treating agency of objection. (14)Excluding abortion. (15)If referred by clergyman, physician or Planned Parenthood or if "failure to provide such services would create a serious health hazard." (16)If referred by clergyman, physician, family planning clinic, school or institution of higher learning or any state or local government agency. (17)Examination only. (18)In public health agencies, public or private hospitals or clinics. (19)In publicly maintained facilities. (20)If married or pregnant or "may suffer, in the opinion of the physician, probable health hazards if such services are not provided." Surgical service excluded. (21)If minor "is or believes himself to be afflicted with an illness or disease." (22)Except for operation essential to health or life. (23)If physician finds probable health hazard. (24)Parental consent requirement temporarily enjoined by court. (25)In New York City, municipal hospitals perform abortions on minors without parental consent if married, emancipated or at least 17 years old or if seeking parental consent would endanger the physical or mental health of the patient. (26)Minors are being served under a state law which permits doctors to serve minors of any age if delay in treatment "would increase the risk to the minor's life or health." (27)Parent notification, but not consent, is required, where possible. (28)If parent refuses to grant or withhold consent. (29)County Attorney stated that legislature did not intend to include abortion as pregnancy-related treatment.