Laws Requiring Parental Consent or Notification for Minors' Abortions

Forty-three states have laws on the books requiring parental consent or notification prior to a minor’s abortion. Thirty-two laws are in effect. Seven states and the District of Columbia have no law.

I. Laws not in effect: 11 states.
All laws are enjoined by courts except for New Mexico’s, which is not in effect because of an Attorney General’s opinion. All injunctions are on the basis of the federal or state constitution. State constitutional injunctions are noted as SC.

Key

Consent (5)		Notice (6)
Alaska (SC) Arizona California (SC) New Mexico Oklahoma 1	(1), [17] (1) (1) (1) (1)	Colorado Florida (SC) Illinois Montana (SC) Nevada New Jersey (SC)	(1) (1) (1), GP, SP (1) (1) (1)

II. Laws currently in effect: 32 states.
All except Utah have a judicial or other mechanism to bypass the consent or notice requirement.

Key

Consent (18)		Notice (14)
Alabama Idaho Indiana Kentucky Louisiana Maine2 Massachusetts Michigan Mississippi3 Missouri North Carolina4 North Dakota5 Pennsylvania Rhode Island South Carolina Tennessee Wisconsin Wyoming	(1) (1) (1) (1) (1) (1), AFM (1) (1) (2) (1) (1), GP (2) (1) (1) (1), GP, [17] (1) (1), GP, A, U, S (1)	Arkansas6 Delaware Georgia Iowa Kansas Maryland7 Minnesota8 Nebraska Ohio South Dakota Texas Utah9 Virginia W. Virginia10	(2) (1), GP, MH, [16] (1) (1), GP (1) (1) (2) (1) (1) (1) (1) (2) (1) (1)

III. States with no laws - 7 + Washington D.C.

Key

Connecticut Hawaii New Hampshire New York Oregon Vermont Washington Washington, D.C. See below for footnotes.

Footnotes

1 Oklahoma provides that “any person who performs an abortion on a minor without parental consent or knowledge shall be liable for the cost of any subsequent medical treatment such minor might require because of the abortion.”

2 Maine allows the attending physician to waive the requirement of consent of one parent or adult family member if the minor is competent to consent and if she undergoes counseling. Adult family member is not defined in the statute.

3 In Mississippi, if the minor’s parents are divorced or otherwise unmarried and living separate and apart, the written consent of the parent with primary custody, care and control of the minor is sufficient. Also, if the parents are married and one parent is not available to the person performing the abortion in a reasonable time and manner, then the written consent of the parent who is available shall be sufficient.

4 In North Carolina, the consenting grandparent must be one with whom the minor has been living for at least six months immediately preceding the date of the minor’s written consent to the abortion.

5 North Dakota requires the consent of both parents, unless one has died or the parents are divorced or separated, in which case consent of the surviving or custodial parent only is required.

6 Arkansas defines the term parent as both parents of the pregnant woman if they are both living and only as one parent of the pregnant woman if only one is living or if the second one cannot be located through reasonably diligent effort.

7 The Maryland law allows the physician to waive notification on the basis of the minor’s maturity or best interest.

8 Minnesota defines parent as both parents of the pregnant woman if they are both living, one parent of the pregnant woman if only one is living or if the second one cannot be located through reasonable methods.

9 Utah requires notice to “parents,” “if possible.”

10 West Virginia allows a physician with no financial connection with the physician who performs the abortion to waive the requirement on the basis of the minor’s maturity or her best interests.

Published by the Katharine Dexter McCormick Library
Planned Parenthood Federation of America
810 Seventh Avenue, New York, NY 10019
212-261-4779

Media Contacts New York: 212-261-4660 / Washington, DC: 202-973-6397