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Planned Parenthood v. Casey, 505 U.S. 833 (1992), was a landmark United States Supreme Court case regarding abortion. In a plurality opinion, the Court upheld the constitutional right to have an abortion that was established in Roe v. Wade (1973), but altered the standard for analyzing restrictions on that right, crafting the undue burden standard for abortion restrictions.
Emancipation of minors is a legal mechanism by which a child before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from any and all responsibility toward the child. Children before that age are normally considered legally incompetent to enter into contracts and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children legally to 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 is becoming 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 found that Bell died of sepsis as a consequence of an unsterile abortion, a finding that was subsequently disputed by the anti-abortion movement. 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.
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 on the 2008 California General Election ballot
Abortion in Spain is legal upon request up to 14 weeks of pregnancy, and at later stages for serious risk to the health of the woman or fetal defects.
Abortion in Texas is legal. On May 19, 2021 Governor Greg Abbot signed Texas Senate Bill 8 of the 87th legislature, a heartbeat bill which will prohibit abortions once a fetal "heartbeat" is detectable, which often occurs before a woman knows she is pregnant. The law makes no exception for pregnancies that are the result of rape or incest and includes a provision that allows individual citizens to sue anyone they believe may have been involved in helping a pregnant individual violate the ban. The law takes effect September 1, 2021.
Abortion in Indiana is legal. 43% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases. By 1950, the state legislature had tried to pass a law criminalizing women seeking or having abortions. By the early 2000s, the state had passed a law banning abortions after 22 weeks because they alleged that the fetus can feel pain. In 2007, the state had a customary informed consent provision for abortions in place. In 2018, the state legislature tried and failed to make abortion illegal in almost all cases.
Abortion in Massachusetts is legal.
Abortion in Minnesota is legal. 52% of Minnesota adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.
Abortion in New Jersey is legal. Abortion related laws were drafted by the legislature by the end of the 1900s. These laws would be addressed in court during the 1800s as they related to application in prosecutions of women for having abortions. During the 1940s, hospitals created committees to approve abortion requests with the goal of trying to reduce the number of abortions performed at them. Currently, there are no required waiting times and parental consent is not necessary.
Abortion in New Hampshire is legal. 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's abortion laws have been heard before the US Supreme Court, including 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 eighteen in 1982, sixteen in 1992 and four in 2014. In 2010, there were three publicly funded abortions in the state, of which three were federally funded and zero were state funded. There are active abortion rights and anti-abortion rights activists in the state.
Abortion in Maryland is legal. 64% of adults said in a poll by the Pew Research Center that abortion should be legal in all or most cases.
Abortion in Puerto Rico is legal. Attitudes and laws in Puerto Rico relating to abortion have been significantly impacted by decisions of the federal government of the United States. Abortion effectively became legal in 1937 after a series of changes in the law by the Puerto Rico legislature based on introduction of Malthusian clinics introduced from US-initiated eugenic policies. During the 1960s and early 1970s, women from the mainland of the United States would travel to the island for legal abortions, with the practice largely ending in 1973 as a result of the US Supreme Court's decision in Roe v. Wade. Women have continued to travel to Puerto Rico from other parts of the Caribbean since the 1990s to obtain abortions illegal in their home countries. The total number of abortion clinics on the island has been in decline since a peak of over a dozen in the 1990s.
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.