Parental Involvement in Minors’ Abortions

Background

Background

Laws and policies on abortion have been changing rapidly across the United States since the US Supreme Court overturned the federal constitutional right to abortion in late June in Dobbs v. Jackson. As a result, some information here may be out of date. Our team is working diligently to update this resource. Thank you for your patience.

 

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.

Visit our state legislation tracker for policy activity on all sexual and reproductive health topics.

Highlights

  • 36 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.
    • 10 states require only parental notification; 1 of these requires that both parents be notified.
    • 6 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.
  • 35 states that require parental involvement have an alternative process for minors seeking an abortion.
    • 35 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.
    • 33 states permit a minor to obtain an abortion in a medical emergency.
    • 14 states permit a minor to obtain an abortion in cases of abuse, assault, incest or neglect.
The information provided on this website is not intended to, and does not, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. We encourage anyone with legal questions to contact a licensed attorney.

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

Identification

Proof of parenthood

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

 

 

 

 

 

 

Indiana

X*

 

 

 

▽​

▽​

 

Iowa

 

 

X

X

 

 

 

Kansas

Both parents

 

 

 

X*

 

 

Kentucky

X

 

 

 

 

 

 

Louisiana

X

 

 

 

X*

X

 

Maryland

 

 

X†​

 

 

 

 

Massachusetts‡​

X

 

 

 

 

 

 

Michigan

X

 

 

 

 

 

 

Mississippi

Both parents

 

 

 

 

 

 

Missouri

 Xϴ​

 

 

 

 

 

 

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

9

6

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, Massachusetts and Montana, 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.