Abortion
Abortion: Parental Consent
Abortion: Parental Consent
Attempts to obtain an abortion are much more difficult for minors than for their adult counterparts due in part to laws and restrictions that regulate the consent and notification of a minor's parents. Thirty-four states require some form of parental involvement in a minor's decision to have an abortion. The laws are intended to foster parent-child relationships, protect the rights of parents, and deter young women from obtaining abortions or becoming pregnant in the first place, but research casts doubt on whether the laws have their intended effect, and Supreme Court rulings allow minors some privacy rights regarding obtaining an abortion.
Historical Background
The history of parental consent and notification laws extends back almost as far as 1973 and the passage of Roe v. Wade, which legalized abortion in the United States. The first case to reach the U.S. Supreme Court in the aftermath of Roe v. Wade that tested parental consent laws was decided in 1976. The case, Planned Parenthood of Central Missouri v. Danforth, involved a Missouri law that required, among other things, parental consent to obtain an abortion in all cases involving a minor. The law was found to be unconstitutional, because it did not make any exceptions regarding minors to provide circumstances under which they could receive an abortion without parental consent. Several other cases came before the Supreme Court following this ruling, and in the 1983 case of Planned Parenthood of Kansas City v. Ashcroft, the court ruled that all parental involvement laws must include a judicial bypass for minors who are unable to obtain parental consent. Thus the Supreme Court set rules that individual states had to follow when setting up their parental consent laws.
State Level Data
In light of the Supreme Court rulings, states approached parental involvement legislation in a variety of ways. Thirty-four states currently mandate parental
Abortion: Parental Consent
Attempts to obtain an abortion are much more difficult for minors than for their adult counterparts due in part to laws and restrictions that regulate the consent and notification of a minor's parents. Thirty-four states require some form of parental involvement in a minor's decision to have an abortion. The laws are intended to foster parent-child relationships, protect the rights of parents, and deter young women from obtaining abortions or becoming pregnant in the first place, but research casts doubt on whether the laws have their intended effect, and Supreme Court rulings allow minors some privacy rights regarding obtaining an abortion.
Historical Background
The history of parental consent and notification laws extends back almost as far as 1973 and the passage of Roe v. Wade, which legalized abortion in the United States. The first case to reach the U.S. Supreme Court in the aftermath of Roe v. Wade that tested parental consent laws was decided in 1976. The case, Planned Parenthood of Central Missouri v. Danforth, involved a Missouri law that required, among other things, parental consent to obtain an abortion in all cases involving a minor. The law was found to be unconstitutional, because it did not make any exceptions regarding minors to provide circumstances under which they could receive an abortion without parental consent. Several other cases came before the Supreme Court following this ruling, and in the 1983 case of Planned Parenthood of Kansas City v. Ashcroft, the court ruled that all parental involvement laws must include a judicial bypass for minors who are unable to obtain parental consent. Thus the Supreme Court set rules that individual states had to follow when setting up their parental consent laws.
State Level Data
In light of the Supreme Court rulings, states approached parental involvement legislation in a variety of ways. Thirty-four states currently mandate parental