Laws Requiring Mandatory Parental Involvement for Minors' Abortion
Forty-three states have laws on the books requiring parental consent or notification prior to a minor’s abortion. Thirty-six laws are in effect. Six states and the District of Columbia have no law.
I. Laws not in effect: 7 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.
| Consent (3) |
Notice (4) |
| Alaska (SC) |
(1), [17] |
| California (SC) |
(1) |
| New Mexico |
(1) |
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| Illinois |
(1), GP, SP |
| Montana (SC) |
(1) |
| Nevada |
(1) |
| New Jesey (SC) |
(1) |
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II. Laws currently in effect: 36 states.
All except Utah have a judicial or other mechanism to bypass the consent or notice requirement.
| Consent (25) |
Notice (11) |
| Alabama |
(1) |
| Arizona |
(1) |
| Arkansas |
(1) |
| Idaho |
(1) |
| Indiana |
(1) |
| Kentucky |
(1) |
| Louisiana |
(1) |
| Maine1 |
(1), AFM |
| Massachusetts |
(1) |
| Michigan |
(1) |
| Mississippi2 |
(2) |
| Missouri |
(1) |
| North Carolina3 |
(1), GP |
| North Dakota4 |
(2) |
| Ohio |
(1) |
| Oklahoma5 |
(1) |
| Pennsylvania |
(1) |
| Rhode Island |
(1) |
| South Carolina |
(1), GP, [17] |
| Tennessee |
(1) |
| Texas6 |
(1) |
| Utah7 |
(1) |
| Virginia8 |
(1) |
| Wisconsin9 |
(1), GP, A, U, S |
| Wyoming10 |
(1) | |
| Colorado11 |
(1), GP, A, U |
| Delaware |
(1), GP, MH, [16] |
| Florida |
(1) |
| Georgia |
(1) |
| Iowa |
(1), GP |
| Kansas |
(1) |
| Maryland12 |
(1) |
| Minnesota13 |
(2) |
| Nebraska |
(1) |
| South Dakota |
(1) |
| West Virginia14 |
(1) | |
III. States with no laws: 7 + Washington D.C.
Connecticut
Hawaii
New Hampshire
New York
Oregon
Vermont
Washington
Washington, D.C. |
See below for footnotes.
Key:
(1) Consent of or notice to one parent required
(2) Consent of or notice to both parents required
GP Consent of or notice to grandparent permitted as an alternative to parent
SP Notice to step-parent in the same household permitted as an alternative to parent
A, U, S Consent of aunt, uncle or sibling permitted as an alternative to parent
AFM Consent of an adult family member permitted as an alternative to parent
MH Notice to a licensed mental health professional permitted as an alternative to parent
[age] Age in brackets indicates consent or notice required only for minors under this age.
Otherwise, consent or notice required for young women under 18.
Footnotes
1 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.
2 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.
3 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.
4 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.
5 Oklahoma law requires consent and notice.
6 Texas law requires consent and notice.
7 Utah law requires consent and notice. The consent requirement has a judicial bypass mechanism, but the notice requirement does not.
8 Virginia law requires consent and notice. If a judge waives the consent requirement because a minor is immature but the abortion is in her best interests, the judge may nevertheless require notice to a parent unless such notice would be against the minor’s best interests.
9 Under Wisconsin law, an aunt, uncle, or sibling must be at least 25 years old to give consent.
10 Wyoming law requires consent and notice.
11 In Colorado, a grandparent, aunt, or uncle may be notified only if the minor is not residing with the parent, but resides with the grandparent, adult aunt, or adult uncle. If a minor's parents do not live together, the minor may request that notice be given only to one parent; the law requires this request to be honored and noted in the minor's medical record. In the absence of such a request, both parents must be notified if the parents are both living and do not live together.
12 The Maryland law allows the physician to waive notification on the basis of the minor's maturity or best interest.
13 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 reasonably diligent efforts, or the guardian or conservator if the pregnant woman has one.
14 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.
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Cited References
Alabama: Ala. St. § 26-21-3
Arizona: Ariz. Rev. Stat. Ann. § 36-2152
Arkansas: Ark. Code. Ann. § 20-16-801
Colorado: C.R.S.A. §§ 12-37.5-104, 12-37.5-105
Delaware: 24 Del.C. § 1783
Florida: Fl. St. Ann. § 390.01114
Georgia: Ga. Code. Ann. § 15-11-112
Indiana: Ind. Code. Ann. § 16-34-2-4
Iowa: I.C.A. § 135L.3
Kansas: Kan. Stat. Ann. § 65-6705
Kentucky: Ky. Rev. Stat. Ann. § 311.732
Louisiana: La. Rev. Stat. Ann. § 40:1299.35.5
Maine: 22 M.R.S.A. §1597-A
Maryland: M.D. §20-103
Massachusetts: M.G.L.A.112 § 12S, as construed by Planned Parenthood League of Mass., Inc. v. Attorney General, 677 N.E.2d 101 (Mass. 1997).
Michigan: Mich. Comp. Laws § 722.903
Minnesota: Minn. Stat. § 144.343
Mississippi: Miss. Code Ann. § 41-41-53
Missouri: Mo. Rev. Stat. § 188.028
Nebraska: Neb. Rev. Stat. § 71-6902
North Carolina: N.C.G.S.A. § 90-21.7
North Dakota: N.D. Cent. Code § 14-02.1-03.1
Ohio: Ohio Rev. Code § 2919.121
Oklahoma: 63 Okla. St. Ann. § 1-740.2
Pennsylvania: 18 Pa. C.S.A. § 3205
Rhode Island: R.I. Gen. Laws § 23-4.7-6
South Carolina: S.C. St. § 44-41-31
South Dakota: S.D.C.L. § 34-23A-7
Tennessee: T.C.A. § 37-10-303
Texas: V.T.C.A. § 33.002 (notice); Tex. Occ. Code Ann. § 164.052(a)(19) (consent)
Utah: U.C.A. §§ 76-7-304 (notice); 76-7-304.5 (consent).
Virginia: Va. Code. Ann. § 16.1-241
West Virginia: W. Va. Code, § 16-2F-3
Wisconsin: W.S.A. § 48.375
Wyoming: Wyo. Stat. Ann. § 35-6-118
Prepared by — Public Policy Litigation and Law Department of Planned Parenthood Federation of America
Lead Author — Dara Klassel
Published: 07.03.00 | Updated: 01.05.07
©2007 Planned Parenthood® Federation of America, Inc.
All rights reserved.
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