Update: pregnancy and state policies.States have a variety of policies on pregnancy-related issues. Seven subjects are examined in these charts: (1) substance abuse during pregnancy pregnancy, period of time between fertilization of the ovum (conception) and birth, during which mammals carry their developing young in the uterus (see embryo). The duration of pregnancy in humans is about 280 days, equal to 9 calendar months. , (2) infertility infertility, inability to conceive or carry a child to delivery. The term is usually limited to situations where the couple has had intercourse regularly for one year without using birth control. insurance laws, (3) Medicaid Medicaid, national health insurance program in the United States for low-income persons; established in 1965 with passage of the Social Security Amendments and now run by the Centers for Medicare and Medicaid Services. 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. waivers, (4) minors' access to prenatal care prenatal care, n the health care provided the mother and fetus before childbirth. , (5) "safe surrender To give up, return, or yield. The word surrender presupposes the possession or ownership of the thing that is to be returned or given up. It indicates a transfer of title as well as possession, but it does not express or in any way suggest the transaction of a sale " laws, (6) human cloning Although genes are recognized as influencing behavior and cognition, "genetically identical" does not mean altogether identical; identical twins, despite being natural human clones with near identical DNA, are separate people, with separate experiences and not altogether , and (7) gay and lesbian lesbian /les·bi·an/ (lez´be-an) 1. pertaining to homosexuality between women. 2. a female homosexual. les·bi·an n. A woman whose sexual orientation is to other women. adoption laws. APOLOGY apology [Gr.,=defense], literary work that defends, justifies, or clarifies an author's ideas or point of view. Unlike the ordinary use of the word, the literary use neither implies that wrong has been done nor expresses regret. FOR NOT CREDITING DATA RESOURCES These charts on "Pregnancy and State Policies" are updated and reprinted from charts which appeared in the February/March 2002 SIECUS SIECUS Sexuality Information and Education Council of the United States Report. We regret Regret See also Remorse. Epimetheus Pandora’s husband; regretted opening box. [Gk. Myth.: Kravitz, 90] Hale, Nathan (1755–1776) American Revolutionary spy, hanged by British; regretted only having one life to give for that the original charts did not list the information sources upon which the charts were based. We apologize a·pol·o·gize intr.v. a·pol·o·gized, a·pol·o·giz·ing, a·pol·o·giz·es 1. To make excuse for or regretful acknowledgment of a fault or offense. 2. To make a formal defense or justification in speech or writing. to and thank these organizations. * The Alan Guttmacher Alan Frank Guttmacher (1898-1974) was an American physician. He served as president of Planned Parenthood and vice-president of the American Eugenics Society, founded the Association for the Study of Abortion in 1964, was a member of the Association for Voluntary Institute for the charts on "Substance Abuse during Pregnancy," "Medicaid Family Planning Waivers," "Minors' Access to Prenatal Care," and "Safe Surrender Laws" * The American American, river, 30 mi (48 km) long, rising in N central Calif. in the Sierra Nevada and flowing SW into the Sacramento River at Sacramento. The discovery of gold at Sutter's Mill (see Sutter, John Augustus) along the river in 1848 led to the California gold rush of Society for Reproductive re·pro·duc·tive adj. 1. Of or relating to reproduction. 2. Tending to reproduce. reproductive subserving or pertaining to reproduction. Medicine for the chart on "State Infertility Insurance Laws" * The National Adoption Information Clearinghouse clearinghouse Institution established by firms engaged in similar activities to enable them to offset transactions with one another in order to limit payment settlements to net balances. , the Adoption Family Center, and Lambda Legal Lambda Legal (Lambda Legal Defense and Education Fund) is a United States civil rights organization that focuses on gay men, lesbians, bisexuals, transgender people and those with HIV through impact litigation, education, and public policy work. for the chart on "Gay and Lesbian Adoption Laws" * The National Conference of State Legislatures The abbreviation NCSL redirects here. For the British educational institution see National College for School Leadership. The National Conference of State Legislatures for the chart on "Human Cloning" See "Source" at the end of each chart for more information on contacting these sources.
CHART 1
SUBSTANCE ABUSE DURING PREGNANCY
There are currently 34 states with policies relating to substance abuse
by pregnant women. The consequences for women range from reporting and
testing by health care professionals (the results can be often used in
child welfare proceedings) to termination of parental rights or forced
rehabilitation. If a state is not listed, there is no relevant law.
Terminates Civil Reporting Testing
Parental Rights Commitment Required Required
Authorized
AZ X
AR
CA
CO
CT
FL X
GA
IL X X
IN X
IA X X
KS
KY
LA
MD X
MA X
MI X
MN X X X X
MO
NV X
NE
NY
NC
OH X
OK
OR
PA
RI X
SC * X
SD X X
TX X
UT X
VA X X
WI X X
WA
Priority Access to Create or fund
Treatment Treatment
AZ X
AR X
CA X
CO X
CT X
FL X
GA X
IL X
IN
IA
KS X
KY X
LA X
MD X
MA
MI
MN X
MO X X
NV
NE X
NY X
NC X
OH X
OK X
OR X
PA X
RI
SC *
SD
TX X
UT
VA X
WI X
WA X
* South Carolina's Supreme Court held that the state's criminal child
endangerment statute includes "maternal acts endangering or likely to
endanger the life, comfort, or health of a viable fetus." Thus,
substance abuse by pregnant women is a criminal act in South Carolina.
Source: The Alan Guttmacher Institute, State Policies in Brief, updated
monthly (see www.gutmacher.org/pubs/spib.html).
CHART 2
INFERTILITY INSURANCE LAWS
The interesting thing about state infertility insurance laws is who they
will cover. Of the 14 states with mandates about insurance coverage for
infertility, four require that the potential parents be married. If a
state is not listed, there is no relevant law. There are exemptions and
requirements not listed here.
Mandate to Cover Mandate to Must Be Married and
Offer Spouse's Sperm Used
AR X X
CA X
CT X
HI X X
IL X
MD X X
MA X
MT X
NJ X
NY
OH X
RI X
TX X X
WV X
Source: The American Society for Reproductive Medicine (see
www.asrm.org/Patients/insur.html).
CHART 3
MEDICAID FAMILY PLANNING WAIVERS
Medicaid family planning waivers are a way for states to expand
eligibility for family planning services under Medicaid. Some states
obtain approval from the federal government in the form of a "waiver" of
federal policy, allowing them to continue coverage for women who would
otherwise lose coverage postpartum. Other states grant coverage based
only on income levels. The Bush Administration's stand on these waivers
is unclear at this point. Initially, the Administration said that it
would deny any waiver applications that were specific to family
planning. However, some applications have been approved. If a state is
not listed, there is no relevant policy.
Extend for Women Losing Grant Coverage Based on Income
Medicaid Post Partum (income ceiling as percentage
(amount of time) of federal poverty level)
AL * approved (2 years) approved (133%)
AZ approved (2 years)
AR approved (133%)
CA approved (200%)
CO pending approval (150%)
DE
FL approved (2 years)
IL ** pending approval
MD approved (5 years)
MN ** pending approval (275%)
MS pending approval (185%)
MO approved (2 years)
NM approved (185%)
NY approved (22 months) pending approval (200%)
NC pending approval (185%)
OK pending approval (185%)
OR approved (185%)
RI approved (2 years)
SC approved (185%)
VA approved (2 years)
WA approved (200%)
WI approved (185%)
Extent for Women Losing
Medicaid for Any Reason
(amount of time)
AL *
AZ
AR
CA
CO
DE approved (2 years)
FL
IL **
MD
MN **
MS
MO
NM
NY
NC
OK
OR
RI
SC
VA
WA
WI
* Mobile County only.
** Coverage would also be extended for women losing it through
post-welfare Transitional Medicaid Assistance.
Source: The Alan Guttmacher Institute, State Policies in Brief, updated
monthly (see www.guttmacher.org/pubs/spib.html).
CHART 4
MINORS' ACCESS TO PRENATAL CARE
If a state is not listed, it has no policy on minors' access to prenatal
care. States have variations on the age the minor must be in order to
consent (with some states requiring only that the minor be "mature"
enough to understand the treatment), whether physicians may inform the
minor's parents, and whether the policy is only for prenatal care or for
medical care in general.
Age, If Any, Physician May Medical Care
Minor Must Be Inform Parents in General
AL
AK
AR
CA
DE 12 X
DC
FL
GA
HI 14 X
ID X
IL * X
KS "mature"
KY X
MD X
MA
MI X
MN X
MS
MO X
MT X
NV "mature" X
NH "mature" X
NJ X
NM
NY
NC
OK X
OR 15 X X
PA
SC 16 X
TN
TX X
UT
VA
WA
Idaho bases its policy on the attorney general's office interpretation
of state law.
Washington bases its policy on a state supreme court decision holding
that minors have the same constitutional rights as adults.
Illinois allows a minor to consent if her health requires it, she is a
parent, or she has been referred by a specified professional.
Source: The Alan Guttmacher Institute, State Policies in Brief, updated
monthly (see www.guttmacher.org/pubs/spib.html).
CHART 5
SAFE SURRENDER LAWS
"Safe Surrender" laws provide safe and legal places for parents to give
up unwanted newborns. This is intended to dissuade parents from
abandoning their newborns in unsafe places where they are likely to die.
Variations in the laws include: limits on the infant's age; authorized
people or place to which parents can relinquish the children; whether
the surrender is anonymous; whether the medical information is
requested; whether a check is done to see if the child has been reported
missing; whether ID bracelets are given to facilitate any later attempt
at reclamation; and whether people other than the parents can surrender
Limit on Authorized Personnel Anonymous
Infant's Age or Places
AL 72 hrs. EMS
AZ 72 hrs. adoption, church, EMS, hospital X
AR 30 days hospital, police
CA 72 hrs. hospital, "other designated place" X
CO 72 hrs. EMS, hospital
CT 30 days hospital X
DE 14 days hospital X
FL 3 days EMS, hospital X
GA * 7 days clinic, hospital
ID 30 days EMS, hospital, 911 X
IL 72 hrs. EMS, hospital X
IN 45 days EMS X
IA ** 14 days clinic, hospital X
KS 45 days clinic, EMS
KY 72 hrs. EMS, hospital, police X
LA 30 days clinic, CPC, EMS, hospital, police
ME 31 days clinic, hospital, police
MI 72 hrs. EMS, hospital, police
MN 72 hrs. hospital X
MS 72 hrs. adoption, hospital
MT 30 days EMS, hospital, police
NV ** 30 days clinic, EMS, hospital, police X
NJ 30 days hospital, police X
NM 90 days clinic, hospital X
NY 5 days "appropriate" person or location
NC 7 days clinic, EMS, hospital, police X
ND 1 year hospital X
OH 72 hrs. EMS, hospital, police X
OK 7 days clinic, EMS, hospital, police X
OR 30 days clinic, EMS, hospital, police X
RI 30 days clinic, EMS, hospital, police X
SC 30 days hospital X
SD 60 days adoption, clinic, EMS, police
TN 72 hrs. clinic, hospital X
TX 30 days adoption, EMS, hospital X
UT 72 hrs. hospital X
WA 72 hrs. EMS, hospital X
WV 30 days clinic, hospital X
WI 72 hrs. EMS, hospital, police, 911 X
Medical Check if ID Others
Information Child is Bracelet May
Requested Missing Surrender
AL
AZ x
AR X
CA X X
CO
CT X X
DE X X X X
FL X
GA *
ID X
IL X
IN
IA ** X
KS
KY X X
LA X
ME X
MI X X
MN X
MS
MT X X
NV **
NJ X X
NM X
NY
NC X
ND X X X
OH X
OK X
OR
RI X
SC X X X
SD
TN X
TX X
UT X X
WA X
WV
WI
AUTHORIZED PERSONNEL OR PLACES
911 = Allows a arent to use 911 and give infant to responding personnel;
Adoption = Licensed adoption agency; Clinic = Health care clinic; CPC =
Crisis pregnancy center; EMS = Emergency Medical Services or fire
station; Police = Police station
* In Georgia, the woman must provide "proof of identity," if available,
and a name and address.
** Allows a parent to leave the child at an authorized place but not in
the care of personnel, as long as the parent tells personnel where the
child is.
Maryland and Missouri have laws pending that will go into effect on
October 1, 2002, and August 28, 2002, respectively.
Source: The Alan Guttmacher Institute, State Politics in Brief, updated
monthly (see www.guttmacher.org/pubs//spib.hmtl).
CHART 6
HUMAN CLONING
Human cloning comes in two forms: reproductive cloning and therapeutic
cloning. Therapeutic cloning is what is meant when people talk about
stem cell research. Only six states prohibit cloning humans, and three
of those states make exceptions for research. If a state is not listed,
there is no relevant law.
Cloning of Humans Penalty Provided by Law
Prohibited
CA X license revocation; civil penalties
IA X license revocation; civil penalties
LA X civil penalties
MI X civil and criminal penalties
RI X civil penalties
VA X civil penalties
Exceptions
CA
IA
LA scientific research and cell-based
therapies
MI
RI biomedical, microbiological, and
agricultural research
VA research purposes
Missouri limits use of state funds for human cloning research.
Source: The National Conference of State Legislatures (see
www.ncsl.org/programs/health/genetics/rt-shcl.htm).
CHART 7
GAY AND LESBIAN ADOPTION LAWS
The most common way for same-sex-couples to jointly adopt children is by
"second parent" adoption. This happens when one partner already has
custody, and the other partner later petitions for second parent
adoption. Joint adoption of an unrelated child is much less likely to be
permitted. Also examined in this chart is whether state law is settled
on adoption by gay and lesbian individuals. Adoption laws for same-sex
couples are unsettled and subject to change in many states. Because of
the variation among the states, it is difficult to provide a complete
and accurate summary of the law. If a state's law is not yet settled
enough to make a determination, none has been made in this chart. If a
state is not listed, its adoption law in this area is unclear.
Second Parent Second Parent Statute Permitting or
Adoption Permitted Adoption Permitted Case Law Prohibiting
by Lower Court by High Court Second Parent
Precedent Precedent Adoption
AK X
CA X
CO * X prohibited by case law
CT X permitted by statute
DE X
DC X
FL ** prohibited by statute
GA X
HI X
IL X
IN X
IA X
KY
MD X
MA X
MI X
MN X
MS prohibited by statute
NE prohibited by case law
NV X
NJ X
NM X
NY X
OH prohibited by case law
OR X
PA * X prohibited by case law
RI X
TN
TX X
UT prohibited by statute
VT X
WA X
WI prohibited by case law
Joint Non-Relative Individual Adoption
Adoption by Same
Sex Couples
AK permitted
CA permitted permitted
CO *
CT
DE
DC permitted permitted
FL ** prohibited by statute prohibited by statute
GA
HI
IL permitted permitted
IN
IA
KY prohibited
MD permitted
MA permitted permitted
MI
MN
MS prohibited prohibited
NE
NV
NJ permitted permitted
NM
NY permitted permitted
OH permitted
OR
PA * permitted permitted
RI permitted permitted
TN permitted
TX
UT prohibited
VT permitted permitted
WA permitted permitted
WI prohibited
* In Colorado and Pennsylvania, there is conflicting case law regarding
second-parent adoptions.
** In Florida, a federal appeals court is currently considering whether
to reverse a lower court ruling throwing out a challenge to the state's
ban on all homosexual adoptions.
This information comes from several sources, including the National
Adoption Information Clearinghouse (see
www.calib.com/naic/pubs/1_same.htm), the Adoption Family Center (see
www.adoptionfamilycenter.org/resources/states/bythenumbers.htm), and
Lambda Legal (see
www.lambdalegal.org/cgi-bin/iowa/documents/record?record=399).
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