 | This article's lead section may be too short to adequately summarize the key points.(September 2015) |
 | This article's factual accuracy may be compromised due to out-of-date information. The reason given is: In the U.S. The laws have since been changed.(June 2022) |
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Many jurisdictions have laws applying to minors and abortion. These parental involvement laws require that one or more parents consent or be informed before their minor daughter may legally have an abortion.
A minor does not require parental consent or notification except in Western Australia, where in the event of the woman being under 16 years of age one of her parents must be notified, except where permission has been granted by the Children's Court or the woman does not live with her parents.
In Canada, abortion is subject to general medical legislation, as there are no laws regulating abortion. Access varies by province and by region; though there are no legal restrictions to abortion. Most medical facilities in Canada do not share medical information with a parent without consent of their child who is seeking an abortion. In 1989, the Supreme Court ruled that the woman's partner, the father of the baby, has no right to veto her decision to undergo an abortion. Abortion is funded by the government. [1] [2]
A pregnant girl under the age of 18 may ask for an abortion without consulting her parents first, but she has to be accompanied to the clinic by an adult of her choice. This adult must not tell her parents or any third party about the abortion. [2]
Girls under the age of 18 must get written permission from a parent or guardian before being allowed an abortion.
Minor girls under 18 need parental consent. Under the Medical Termination of Pregnancy Act, 1971, abortion is permitted on liberal grounds until 20 weeks of pregnancy. Abortions after 20 weeks are illegal, but a court may authorize such a late abortion in exceptional circumstances. [3]
Parental authorisation is required if the woman is under 18.
Parental authorisation is not required in case of rape (filling a rape report is not necessary), if the minor is over 12.
New Zealand has no parental notification restrictions on under-sixteen access for abortion.
Parental consent is required if the woman is under 16 years of age. [4]
Parental consent is always required if the woman seeking abortion is a minor.
In South Africa, any woman of any age can get an abortion on request with no reasons given if she is less than 13 weeks pregnant. A woman under the age of 18 will be advised to consult her parents, but she can decide not to inform or consult them if she so chooses. [5] However, she must give informed consent, meaning that if she is unable to understand the consequences of an abortion she cannot consent to one without the assistance of her parents or guardian. [6]
In 2009, the Socialist government passed a bill that states that people aged 16 and 17 must inform their parents (but does not need parental consent) to obtain an abortion except if the child comes from an abusive household and such news will cause more strife.
The current legislation is the Abortion Act of 1974. This states that up until the end of the eighteenth week of the pregnancy the choice of an abortion is entirely up to the woman, for any reason whatsoever. The law makes no distinction with regards to the age of the pregnant woman.
Parental involvement laws in the UK; if the girl is seen as competent by medical staff no disclosure to parents is allowed. In most cases, girls aged 13 or above will be covered by this provision but pre-teenagers will not and parents, social workers and police can become involved to protect the child. Around 120 12-year-olds, at least five 11-year-olds and two nine-year-olds have had legal abortions since 1996. In 2005, Sue Axon, of Manchester, wanted the law changed to prevent girls under 16 getting confidential advice. However, the High Court had rejected a review of guidelines which state that terminations do not need parents' consent and doctors should respect girls' confidentiality.
| This article needs to be updated. The reason given is: Overturn of Roe V. Wade.(March 2023) |
In the United States, most states typically require one of two types of parental involvement– consent or notification, or both. 36 states require parental involvement in a minor's decision to have an abortion (21 states require parental consent only, 3 of which require both parents to consent; 10 states require parental notification only, 1 of which requires that both parents be notified; 6 states require both parental consent and notification; 8 states require the parental consent documentation to be notarized). [7] In Massachusetts and Delaware the law only applies to minors under 16, and in South Carolina to minors under 17. [8] [9] [7] Parental involvement laws played a key role in forcing the Court to clarify its position on abortion regulation. The Court ruled, in essence, that parental involvement laws (and all other abortion regulation) can legally make it more difficult for a female to acquire an abortion. But there is a threshold beyond which the increased difficulties become unconstitutional. Requiring spousal involvement before a woman can acquire an abortion has been interpreted as falling on the unconstitutional side of that threshold, while parental involvement has been interpreted as falling on the constitutional side. Or, to use the language of Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), spousal notification laws place an "undue burden" on a woman's ability to get an abortion, whereas parental involvement laws do not.
Parental involvement laws have three basic features. First, they are binding on minors, not adults. Second, they require, at minimum, that minors notify their parents before an abortion is performed, and in some cases consent from the parents. And third, they allow minors to acquire a judicial bypass if consent cannot be acquired. These regulations are but one example of the detailed fabric of abortion legislation and regulation that has evolved since the Supreme Court's decision to legalize abortion in its 1973 Roe v. Wade and Doe v. Bolton .
The first major case involving parental involvement legislation was decided in 1976 in Planned Parenthood of Central Missouri v. Danforth . This case involved a Missouri law that required consent from various parties before an abortion could be performed– written consent by the patient, spousal consent for married individuals, and parental consent for minors, specifically. The court ruled that the parental consent provision was unconstitutional due to its universal enforcement.
The ability of a minor to acquire an abortion against her parents' wishes became a recurring theme in several more cases following Planned Parenthood of Central Missouri v. Danforth . Bellotti v. Baird (1979) addressed a Massachusetts law that required a minor to acquire parental consent before an abortion was performed. But, unlike the Danforth case, this law allowed for judicial bypass if consent could not be acquired. Similar reasoning can be found in H.L. v. Matheson (1981). This case ruled on the relatively milder regulation of parental notification as opposed to parental consent. In this case, the Court ruled that parental notification is constitutional since the parent could not veto the adolescent's final decision to acquire an abortion. In Planned Parenthood of Kansas City v. Ashcroft (1983), the Supreme Court ruled that parental consent is constitutional so long as it also allowed a judicial bypass if such consent could not be acquired. In Planned Parenthood of S.E. Pennsylvania v. Casey (1992), the Court placed parental involvement firmly within a broader set of legal principles governing a woman's constitutional right to an abortion. Parental involvement, and other regulations, were constitutional so long that they did not place an "undue burden" on a woman's ability to acquire an abortion.
In Planned Parenthood of Massachusetts v. Attorney General (1997), the Supreme Judicial Court of Massachusetts found the requirement of both parents consenting to the minor's abortion unconstitutional, but upheld the parental consent of one parent. [10] In 2020, the law was modified to apply only to minors under 16 years of age. [8]
In November 2011, the Illinois Supreme Court agreed to consider whether the state must begin enforcing a 1995 law requiring parental notification. [11] The Court ultimately agreed in July 2013 that the law ought to be enforced, with the parental notification law taking effect on August 15. [12] However the parental notification law was repealed by the Illinois General Assembly in 2021, and parental involvement is no longer required. [13]
In American Academy of Pediatrics v. Lungren (1997) 16 Cal.4th 307 the Supreme Court of California struck down the 1987 parental consent law of the state (which had been enjoined shortly after enactment, and thus never enforced). [14] This case also made history because it was one of the few cases in the legal history of California where its Supreme Court granted a rehearing of a legal case, after it had previously ruled in American Academy of Pediatrics v. Lungren (1996) 51 Cal.Rptr.2d 201 that the law was constitutional. [15]
 | The examples and perspective in this section deal primarily with the United States and do not represent a worldwide view of the subject.(June 2014) |
Advocacy groups have made a number of arguments in favor of parental notification.
Advocacy groups on the other side have also made a number of arguments against parental notification:
In a 2009 case in Brazil, Archbishop José Cardoso Sobrinho excommunicated the mother and doctors of a 9-year-old girl for carrying out an abortion on the girl's twin fetuses. The girl was impregnated by her own stepfather, who had repeatedly raped her since she was six years old. The doctors recommended the abortion because they believed the girl's youth would prevent her from delivering the twins safely. The affair shocked the Brazilian government [28] and provoked disgust from President Luiz Inácio Lula da Silva.
Pope Benedict XVI later gave a controversial speech in Angola where he condemned all forms of abortion, even those considered to be therapeutic. Therapeutic abortion is the term for abortions that are typically performed to save the life of the mother or in which the fetus has been found to have a defect incompatible with life. [29] [30]
Planned Parenthood v. Casey, 505 U.S. 833 (1992), was a landmark decision of the Supreme Court of the United States in which the Court upheld the right to have an abortion as established by the "essential holding" of Roe v. Wade (1973) and issued as its "key judgment" the restoration of the undue burden standard when evaluating state-imposed restrictions on that right. Both the essential holding of Roe and the key judgment of Casey were overturned by the Supreme Court in 2022, with its landmark decision in Dobbs v. Jackson Women's Health Organization.
The paternal rights and abortion issue is an extension of both the abortion debate and the fathers' rights movement. Abortion can be a factor for disagreement and lawsuit between partners.
Ayotte v. Planned Parenthood of Northern New England, 546 U.S. 320 (2006), was a decision by the Supreme Court of the United States involving a facial challenge to New Hampshire's parental notification abortion law. The First Circuit had ruled that the law was unconstitutional and an injunction against its enforcement was proper. The Supreme Court vacated this judgment and remanded the case, but avoided a substantive ruling on the challenged law or a reconsideration of prior Supreme Court abortion precedent. Instead, the Court only addressed the issue of remedy, holding that invalidating a statute in its entirety "is not always necessary or justified, for lower courts may be able to render narrower declaratory and injunctive relief."
H. L. v. Matheson, 450 U.S. 398 (1981), was a United States Supreme Court abortion rights case, according to which a state may require a doctor to inform a teenaged girl's parents before performing an abortion or face criminal penalty.
Parental consent laws in some countries require that one or more parents consent to or be notified before their minor child can legally engage in certain activities.
The timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. The changes include actual law reforms, as well as other formal changes (e.g. reforms through new interpretations of laws by precedents). The right to vote is exempted from the timeline: for that right, see Timeline of women's suffrage. The timeline excludes ideological changes and events within feminism and antifeminism; for that, see Timeline of feminism.
This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from practices such as female genital mutilation (FGM).
Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976), is a United States Supreme Court case on abortion. The plaintiffs challenged the constitutionality of a Missouri statute regulating abortion. The Court upheld the right to have an abortion, declaring unconstitutional the statute's requirement of prior written consent from a parent or a spouse.
Proposition 4, or the Abortion Waiting Period and Parental Notification Initiative, also known to its supporters as Sarah's Law, was an initiative state constitutional amendment in the 2008 California general election.
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counselling requirements.
Abortion in Denmark was fully legalized on 1 October 1973, allowing the procedure to be done electively if a woman's pregnancy has not exceeded its 12th week. Under Danish law, the patient must be over the age of 18 to decide on an abortion alone; parental consent is required for minors, except in special circumstances. An abortion can be performed after 12 weeks if the woman's life or health are in danger. A woman may also be granted an authorization to abort after 12 weeks if certain circumstances are proved to be present.
Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an undue burden. Some state laws that impact the availability of abortions have been upheld by courts. In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.
The following timeline represents formal legal changes and reforms regarding women's rights in the United States except voting rights. It includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by precedents.
Abortion in Texas is illegal in all cases, with no exceptions for rape or even to save a woman's life. A trigger law has been in effect since August 25, 2022, which bans abortion in all cases except to save the life of the mother.
Erin Grall is an American politician who has served in the Florida House of Representatives from the 54th district from 2016 to 2022 and Florida Senate since 2022. Grall has played an active role in the Florida Legislature, sponsoring a significant number of bills that have become law in recent years.
As of 2023, Abortion is currently illegal in Indiana, with exceptions for fatal fetal abnormalities, to preserve the life and physical health of the mother, or in cases of rape or incest. Previously abortion in Indiana was legal up to 20 weeks; a near-total ban that was scheduled to take effect on August 1 was placed on hold due to further legal challenges, but is set to take place, after the Indiana Supreme Court denied an appeal by the ACLU, and once it certifies a previous ruling, that an abortion ban doesn't violate the state constitution. In the wake of the 2022 Dobbs Supreme Court ruling, abortion in Indiana remained legal despite Indiana lawmakers voting in favor of a near-total abortion ban on August 5, 2022. Governor Eric Holcomb signed this bill into law the same day. The new law became effective on September 15, 2022. But on September 22, 2022, Special Judge Kelsey B. Hanlon of the Monroe County Circuit Court granted a preliminary injunction against the enforcement of the ban. Her ruling allows the state's previous abortion law, which allows abortions up to 20 weeks after fertilization with exceptions for rape and incest, to remain in effect.
Abortion in Massachusetts is legal at all stages of pregnancy, although terminations after the 24th week can only be performed if a physician determines it to be medically necessary. Modern Massachusetts is considered to be one of the most pro-choice states in the country: a Pew Research poll finding that 74% of residents supported the right to an abortion in all or most cases, a higher percentage than any other state. Marches supporting abortion rights took place as part of the #StoptheBans movement in May 2019.
Abortion in Minnesota is legal at all stages of pregnancy. The Minnesota Supreme Court ruled the Minnesota Constitution conferred a right to an abortion in 1995 and the DFL-led Minnesota Legislature passed and Minnesota Governor Tim Walz signed into law a bill in 2023 to recognize a right to reproductive freedom and preventing local units of government from limiting that right, making Minnesota the first state in the nation in the post-Roe era to ensure residents have a legal right to an abortion.
Abortion in New Hampshire is legal up to the 24th week of pregnancy as of January 1, 2022, when a new law went into effect. Prior to this, the gestational limit was unclear. Abortion was criminalized in the state by 1900. In June 2003, the state passed a parental notification law, repealing it four years later before passing a new one in 2011. New Hampshire then passed a law in 2012 which required minors to wait 48 hours after requesting an abortion but no longer required parental consent. New Hampshire law regarding abortion has been heard before the US Supreme Court in the case Ayotte v. Planned Parenthood of Northern New England in 2006. The number of abortion clinics in New Hampshire has declined over the years, with 18 in 1982, 16 in 1992 and four in 2014. In 2010, there were three publicly funded abortions in the state; all three were federally funded. There are both active abortion rights and anti-abortion rights activists in the state.
Abortion in Puerto Rico is legal throughout pregnancy. On June 22, 2022, the Senate passed a bill limiting abortion to 22 weeks, with exceptions for danger to the mother's life, fetal defects, and if the fetus would not be viable. The bill will need to be considered by the House.
In support
In opposition
Neutral
