Featured News 2012 Your Legal Involvement in Your Daughter’s Abortion

Your Legal Involvement in Your Daughter’s Abortion

If you are the parent of a pregnant teen who is considering an abortion, it is important that you know your rights concerning her decision. Some states allow heavy parental involvement, while others do not require a girl to seek her parent's knowledge or authorization.

Since the Supreme Court made the decision to legalize abortion in the 1973 case Roe vs. Wade, the law has seen many refinements. The first major case to consider parental involvement in abortion was in 1976, and is known as the Planned Parenthood of Central Missouri v. Danforth case. In this case, Missouri ruled that requiring parental agreement was unconstitutional. Judicial bypass became the "exception to the rule" in 1979, after a string of cases where minors were seeking a loophole in the parental consent law.

In the case Bellotti vs. Baird, Massachusetts declared that a teen in the state had the right to seek judicial bypass if her parents would not allow her abortion. Another provision was later introduced in the 1981 trial of H.L.V v. Mattheson in Utah. In this case, the state confirmed that a minor must notify her parents before her abortion, but she does not need their support to go through with her decision. In 1992, Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) concluded that a minor seeking an abortion is not at the risk to "undue burden" in most cases, and should seek permission from her parents. If a daughter can prove that her parents have presented "undue burden,: then the right of judicial bypass is enacted.

Judicial bypass allows the minor to receive court sanction for an abortion without her parent's knowledge or consent. The court will evaluate her on a variety of levels to determine the degree to which her parents need to be involved in her decision. While the list of criteria varies from state to state, normally it involves testing the minor's mental stability, nderstanding of possible consequences, and intelligence. 12 states require that a judge find clear and convincing evidence that the girl is mature and that an abortion is in her best interest. If a medical emergency arises, 33 states allow a pregnant teen to undergo an abortion without parental involvement. Also, if a teen lives in a home where she has been abused or neglected, parental consent is automatically waived in 15 states: Alaska, Arizona, Arkansas, Colorado, Idaho, Iowa, Maryland, Minnesota, Nebraska, Oklahoma, South Carolina, Tennessee, Utah, Virginia, and Wisconsin.

According to the Guttmacher Institute's State Policies in Brief, 37 states require that a minor involve her parents before undergoing an abortion. While 35 of these states recognize that a minor is under the age of 18, in South Carolina this statue is only applicable to minors under 17. In Delaware this law only applies to girls under 16. 10 states will allow a teen to undergo an abortion if she has notified one of her parents, regardless of their opinion. These states are Alaska, Colorado, Delaware, Florida, Georgia, Iowa, Massachusetts, Minnesota, New Hampshire, South Dakota, and West Virginia. In Minnesota, a minor is required to notify both parents of her decision to have an abortion. 22 of the 37 states which support parental involvement also require parental approval. Normally, states will approve an abortion with the agreement of one parent in written form 24 to 48 hours prior to the procedure. Kansas, Mississippi, and North Dakota require both parents' permission. In Arizona, Arkansas, Kansas, Louisiana, Nebraska, Virginia and Texas, this document must be notarized. Delaware, Iowa, North and South Carolina, Virginia and Wisconsin allow grandparents or other family members to approve the abortion in place of the minor's parents. Abortion laws range greatly from state to state, so make sure to check with your state officials to find out what statutes are applicable to your situation.

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