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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.
Emancipation of minors is a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child. Minors are normally considered legally incompetent to enter into contracts and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children to legally make certain decisions on their own behalf.
Gillick competence is a term originating in England and Wales and is used in medical law to decide whether a child is able to consent to their own medical treatment, without the need for parental permission or knowledge.
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.
Proposition 73, the Parental Notification Initiative, would have amended the California Constitution to bar abortion on an unemancipated minor until 48 hours after physician notifies minor's parent/legal guardian, except in medical emergency or with parental waiver. The amendment permitted a judicial waiver of notice based on clear and convincing evidence of the minor's maturity or best interests. The minor's physician must report abortions performed on minors and State shall compile statistics. The amendment authorized monetary damages for violation. The minor must consent to abortion unless mentally incapable or in medical emergency. Permits judicial relief if minor's consent to abortion is coerced.
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.
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.
California Proposition 85, the Parental Notification Initiative, was a proposition on the ballot for California voters in the general election of November 7, 2006. It was similar to the previous year's Proposition 73. It failed by a vote of 46%-54%.
Rebecca Suzanne "Becky" Bell was an American teenage girl who died of complications from a septic abortion. After becoming pregnant, Bell inquired about a legal abortion but was hindered by Indiana state laws which required either her parents' consent or a waiver from a judge. Instead, Bell either obtained an illegal abortion or attempted to self-abort, leading to a fatal infection. The coroner said that Bell died of sepsis as a consequence of an unsterile abortion. Following Bell's death, her parents became advocates for the repeal of parental consent laws.
Bellotti v. Baird, 443 U.S. 622 (1979), is a United States Supreme Court case that ruled 8-1 that teenagers do not have to secure parental consent to obtain an abortion.
Bellotti v. Baird, 428 U.S. 132 (1976), was a United States Supreme Court case in which the Court upheld a Massachusetts law requiring parental consent to a minor's abortion, under the provision that "if one or both of the [minor]'s parents refuse... consent, consent may be obtained by order of a judge... for good cause shown." The decision was unanimous, and the opinion of the Court was written by Harry Blackmun. The law in question "permits a minor capable of giving informed consent to obtain a court order allowing abortion without parental consultation, and further permits even a minor incapable of giving informed consent to obtain an abortion order without parental consultation where it is shown that abortion would be in her best interests."
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.
Oregon Ballot Measure 43 was an initiated state statute ballot measure on the November 7, 2006 general election ballot. The measure would have required that when an unemancipated minor 15 years and older sought an abortion, the medical provider must first give written notice to a parent of the minor, by certified mail, at least 48 hours prior to providing the abortion. It was rejected by voters, with only 45 percent favoring it.
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, although there is no uniform federal law. 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 some 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 counseling 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.
Paper abortion, also known as a financial abortion, male abortion or a statutory abortion, is the proposed ability of the biological father, before the birth of the child, to opt out of any rights, privileges, and responsibilities toward the child, including financial support. By this means, before a child is born, a man would be able to absolve himself of both the privileges and demands of fatherhood.
Erin Grall is an American politician who served in the Florida House of Representatives from the 54th district from 2016 to 2022 and has served in the Florida Senate since 2022. In the Florida Legislature, she has sponsored bills that have become law.
Abortion in Alaska is legal at all stages of pregnancy. In September 2024, an Alaska superior court judge struck down the requirement that only licensed physicians provide abortions, meaning that the procedure can now also be legally performed by nurse practitioners and physician assistants. As of 2016, Alaska does not require a minor to notify a parent or guardian in order to obtain an abortion. 63% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. The 2023 American Values Atlas reported that, in their most recent survey, 69% of Alaskans said that abortion should be legal in all or most cases. Alaska was one of only four states to make abortion legal between 1967 and 1970, a few years before the US Supreme Court's decision in 1973's Roe v. Wade ruling. Alaska had consent requirements for women seeking abortions by 2007 that required abortion providers to warn patients of a link between abortion and breast cancer, despite it being scientifically unsupported.
Abortion in Minnesota is legal at all stages of pregnancy and is restricted only to standards of good medical practice. 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. The Center for Reproductive Rights labels Minnesota as one of the most abortion-protective states in the country.
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.
References
- ↑ "Parental Consent Laws". www.positive.org. Retrieved 2018-06-15.
- ↑ "What are the Legal Rights of Children? - FindLaw". Findlaw. Retrieved 2018-06-15.
- ↑ "Create Your Free Child Medical Consent". LawDepot. Retrieved 2018-06-15.
- ↑ "Laws Restricting Teenagers' Access to Abortion". American Civil Liberties Union. Retrieved 2018-06-15.
- ↑ Kendall, Brent (2018-06-04). "Supreme Court Vacates Ruling on Undocumented Minor's Abortion". Wall Street Journal. ISSN 0099-9660 . Retrieved 2018-06-15.
- ↑ "Parent Notification". New America. Retrieved 2018-06-15.
- ↑ WOODS, EMILY (2014-12-15). "New laws restrict underage body modification". The Advocate. Retrieved 2018-06-15.
- ↑ "Informed Consent - Academic Field Trips | www.fivecolleges.edu". www.fivecolleges.edu. Archived from the original on 2018-06-15. Retrieved 2018-06-15.