Parental Involvement in Minors’ Abortions

Background

The majority of 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, usually 24 or 48 hours before the procedure, but a handful of states require the involvement of both parents. Some states require the minor and a parent to provide government-issued identification to the abortion provider and/or as part of notarizing the parental consent form. In a small number of states, the parent must also provide proof of parenthood. Several states allow grandparents or other adult relatives to be involved in place of the minor’s parents, and many waive parental involvement requirements if there is a medical emergency or the young person is the victim of abuse or neglect.

Because the U.S. Supreme Court has ruled that states may not give parents an absolute veto over their child's decision to have an abortion, most state parental involvement requirements include a judicial bypass procedure that allows a minor to receive court approval for an abortion without their parents’ knowledge or consent. Some states require judges to use specific criteria when determining whether to grant a waiver of parental involvement. These criteria can include the young person's intelligence, emotional stability and understanding of the possible consequences of obtaining an abortion. Many states require a judge to use the unusually strict legal standard of “clear and convincing evidence” to determine whether a minor is sufficiently mature and the abortion is in their best interest prior to waiving the parental involvement requirement.

Highlights

38 states require parental involvement in a minor’s decision to have an abortion.
- 21 states require only parental consent; 3 of these require both parents’ consent.
- 6 states require both parental notification and consent.
- 11 states require only parental notification; 1 of these requires that both parents be notified.
- 7 states permit a minor to obtain an abortion if a grandparent or other adult relative is involved in the decision.
- 11 states require identification for parental consent.
- 4 states require proof of parenthood for parental consent.
- 2 states require a minor’s identification to have an abortion.
37 states that require parental involvement have an alternative process for minors seeking an abortion.
- 37 states include a judicial bypass procedure, which allows a minor to obtain approval from a court.
- 7 states require judges to use specific criteria, such as a minor’s intelligence or emotional stability, for deciding whether to waive parental involvement.
- 15 states require judges to use the “clear and convincing evidence” standard to determine whether the minor is mature and the abortion is in their best interest when deciding whether to waive parental involvement.
Most states that require parental involvement make exceptions under certain circumstances.
- 35 states permit a minor to obtain an abortion in a medical emergency.
- 16 states permit a minor to obtain an abortion in cases of abuse, assault, incest or neglect.

Parental Involvement in Minors' Abortions
State	Parental involvement			Other relatives allowed to consent	Parent must provide:		Minor must provide identification
	Consent only	Notification and consent	Notification only	Other relatives allowed to consent	Identification	Proof of parenthood	Minor must provide identification
Alabama	X				X	X
Alaska			▼
Arizona	X				X^*
Arkansas	X				X^*
California	▼
Colorado			X
Delaware^‡			X^†	X
Florida		X			X
Georgia			X		X
Idaho	X
Illinois			X	X
Indiana	X*				▽	▽
Iowa			X	X
Kansas	Both parents				X^*
Kentucky	X
Louisiana	X				X^*	X
Maryland			X^†
Massachusetts^‡	X
Michigan	X
Minnesota			Both parents
Mississippi	Both parents
Missouri	X^ϴ
Montana	▽		X
Nebraska	X				X^*
Nevada			▼
New Hampshire			X
New Jersey			▼
New Mexico	▼
North Carolina	X			X
North Dakota	Both parents
Ohio	X
Oklahoma		X			X^*	X	X
Pennsylvania	X
Rhode Island	X
South Carolina^‡	X^†			X
South Dakota			X
Tennessee	X					X
Texas		X			X^*		X
Utah		X
Virginia		X		X	X^*
West Virginia			X
Wisconsin	X^†			X
Wyoming		X
TOTAL	21	6	11	7	11	4	2
Note: Except where indicated, policies require the involvement of one parent. ▼ Permanently enjoined by court order; policy not in effect. ▽ Temporarily enjoined by court order; policy not in effect. * Parental consent documentation must be notarized, which requires the parent to provide government-issued identification. In Louisiana and Oklahoma, the parent must also provide identification to the abortion provider. † Allows specified health professionals to waive parental involvement in limited circumstances. ‡ In Delaware and Massachusetts, applies to patients younger than 16; in South Carolina, applies to those younger than 17. ϴ Missouri law requires the consenting parent or guardian to notify any other custodial parent or guardian that the minor is having an abortion.

Parental Involvement in Minors' Abortions
State	Judicial bypass			Exceptions
	Available	Specific criteria	"Clear and convincing evidence" standard	Medical emergency	Abuse, assault, incest or neglect
Alabama	X			X
Alaska	▼			▼	▼
Arizona	X	X	X	X	X
Arkansas	X	X	X	X	X
California
Colorado	X		X	X	X
Delaware^‡	X^†			X
Florida	X	X	X	X
Georgia	X			X
Idaho	X		X	X	X
Illinois	X			X	X
Indiana	X			X
Iowa	X			X	X
Kansas	X	X	X	X
Kentucky	X	X		X
Louisiana	X		X	X
Maryland					X^†
Massachusetts^‡	X			X
Michigan	X			X
Minnesota	X			X	X
Mississippi	X		X	X
Missouri	X
Montana	X			X	X
Nebraska	X		X	X	X
Nevada
New Hampshire	X			X
New Jersey
New Mexico
North Carolina	X			X
North Dakota	X		X	X
Ohio	X	X	X
Oklahoma	X		X	X	X
Pennsylvania	X			X
Rhode Island	X			X
South Carolina^‡	X			X	X
South Dakota	X		X	X
Tennessee	X			X	X
Texas	X	X	X	X
Utah	X^Ω			X	X^ξ
Virginia	X			X	X
West Virginia	X^*			X
Wisconsin	X^*			X	X
Wyoming	X		X	X
TOTAL	37	7	15	35	16
▼ Permanently enjoined by court order; policy not in effect. † Allows specified health professionals to waive parental involvement in limited circumstances. ‡ In Delaware and Massachusetts, applies to patients younger than 16; in South Carolina, applies to those younger than 17. Ω Applies to parental consent requirement only. ξ Applies to parental notice requirement only.

Source URL: https://www.guttmacher.org/state-policy/explore/parental-involvement-minors-abortions