Abortion and Parental Involvement Laws

In January of 1973, Roe v. Wade, 410 U.S. 113, was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States generally protects a pregnant woman's liberty to choose to have an abortion. But what about females under the age of 18? Here are some things to keep in mind. 

What are the laws?

Most states require parental involvement in a minor’s decision to have an abortion. Most of these states require the consent or notification of only one parent before the procedure. There are some states that require the involvement of both parents. Some states are stricter and require a notarized parental consent form. And in a small number of states, the parent must also provide proof of parenthood. There are some states that allow grandparents or other adult relatives to be involved in place of the minor’s parents. And there are many states which waive parental involvement requirements if there is a medical emergency, or the young person is the victim of abuse or neglect.

What are the risks?

Opponents to parental involvement laws argue that young people find themselves in dysfunctional family situations and are left at risk because of strained relationships. There is also the concern of abuse or neglect happening within the family unit. Many studies also show that parental involvement laws disproportionately affect young women of color as well. 

So how do you know the right thing to do?

Experienced family law attorneys are well-versed in parental involvement laws and can assist in your situation. Mediation can also be a positive experience in dealing with a stressful situation. No two families are the same, and each person’s situation is different. Having an attorney who has experience in this area and understands the law can help both sides of this situation.