| March 2001
Item: F039
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Mandatory
Parental Consent and Notification Laws
Although the U.S. Supreme Court recognized
the right to choose abortion in Roe v. Wade in 1973, and reaffirmed
that right in June 1992 in Planned Parenthood v. Casey, the Court
has permitted states to dramatically restrict the ability of young women
to obtain abortion services. More than half of the states in this country
are currently enforcing laws that require a young woman seeking an
abortion to notify or obtain the written consent of one or both of her
parents prior to the procedure (see Restrictions on Young
Women's Access to Abortion Services). Some states also impose a
mandatory delay of twenty-four hours or more after notification has been
made. At a time when the rate of teenage pregnancy continues to rise in
the United States, mandatory parental involvement laws effectively deny
young women access to the full range of reproductive choices.
Supporters of mandatory parental involvement assert that such
measures will protect the health and promote the best interests of young
women - and improve family communication. In reality, these laws threaten
the health and well-being of young women. Although abortion is one of the
safest surgical procedures, the medical risks and expenses of abortion
increase significantly after the first trimester. Parental involvement
laws force young women who are unable to comply with notice or consent
requirements to delay obtaining appropriate medical care. For those who
are fearful of the consequences should their parents learn of their
pregnancies or abortion decisions, the resulting delays may be much longer
as they seek court approval or travel out of state to obtain abortions.
Some young women, unable to meet or avoid the requirements of the law,
will attempt to self-abort or seek dangerous illegal procedures. Others
will be forced to carry unwanted pregnancies to term.
Some proponents of parental involvement promote notification rather
than consent requirements in an effort to appear more supportive of young
women's health needs and family circumstances. But for the vast majority
of young women, notification and consent are essentially the same. If a
young woman is afraid to discuss her pregnancy and abortion choice with a
parent, there is no difference between having to "tell" her parents or
being required to obtain their consent for the procedure. Moreover, in
most instances, mandatory notification poses as much of a danger as
mandatory consent. A parent who is opposed to a young woman's abortion
choice can prevent her from obtaining the medical care she needs even if
consent is not required.
Regardless of state mandates requiring disclosure, most young women
discuss their pregnancies and choices to have abortions with at least one
of their parents; studies show that the younger the woman, the more likely
she is to involve her parents in her decision. In addition, whether or not
they are required to do so by law, health care providers routinely suggest
that a young woman involve her parents if possible. When young women avoid
parental involvement in their abortion decision, the choice is usually
well justified. Even in the best of circumstances, candid communication
about sexuality and reproductive issues may not take place in families.
Mandatory notification and consent requirements are not an effective means
of encouraging more open discussion and can actually damage relations
among family members.
In families where abusive relationships or other problems prevent
good communication between parents and their teenage daughters,
state-mandated discussions can exacerbate existing problems. For battered
teenagers and incest survivors in particular, mandatory parental
involvement laws increase the risks in an already dangerous situation.
Domestic violence affects as many as four million women a year in the
United States. Fifty-five percent of children in families where the adult
woman is battered also suffer from physical violence. In addition, one
female child in five is sexually assaulted - and many become pregnant.
Fear of additional violence may prevent these young women from informing
their parents of their abortion decisions.
Parental involvement laws also fail to recognize that many young
women live in nontraditional family situations - with one parent,
stepparents, other relatives, or on their own. In such cases, laws that
require them to contact both biological parents make it difficult, if not
impossible, to obtain abortion services. Also, numerous young women
involve other adults - grandparents, siblings, teachers, social workers,
or the parents of their boyfriends - in their decisions. Narrowly defined
parental involvement laws ignore the importance of such supports in young
women's lives.
The Supreme Court has ruled that parental consent and two-parent
notification laws may be constitutional if they include an "alternative,"
such as a judicial bypass procedure, to waive the requirement for young
women who cannot involve their parents. To take advantage of a court
bypass, a young woman must appear before a judge and prove either that she
is mature enough to decide whether to have an abortion or that permitting
her to obtain the procedure without involving her parents would be in her
best interests. Requiring a young woman to discuss her pregnancy and
personal details about her life before strangers in a courtroom adds
unnecessary delays and further stress. Many young women do not have access
to transportation to get to the courthouse and find it difficult to take
time off from school or work in order to appear at a hearing. Although the
Supreme Court requires that bypass procedures be confidential and
expeditious, many young women may find their confidentiality threatened,
especially if they live in rural areas or small towns. In some instances,
judges arbitrarily reject young women's petitions based on their personal
views about abortion. Even though it is clear that physicians are better
able than judges to consider the circumstances a pregnant young woman
faces, only a handful of states allow a physician to waive the parental
involvement requirement if it is not in the young woman's best interests.
In order for young women to obtain the health care they need,
mandatory parental involvement laws must be substantially modified or
repealed. Rather than imposing restrictions on young women's access to a
certain health care procedure, policymakers and advocates should work to
ensure that all young people can obtain accurate sex education and
comprehensive, confidential health care services.
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