The Advocates for Youth data reveals that currently, the majority of states – thirty-six as of June 2019 – enforce laws that require a young person to notify or obtain consent from one or both parents before they can receive abortion care. Most young people faced with an unintended pregnancy have chosen to involve their parents.
But for those who cannot, those who do not have access to their parents, those afraid to anger or disappoint, or who face the threat of violence in their homes—it is best for them to seek the advice of a trained medical professional rather than to face the situation alone and afraid. It is important to educate and equip the youth with the proper tools to make informed decisions.
Furthermore, research has demonstrated that these laws, which disproportionately impact young women of color and immigrant youth, often delay or prevent young people’s access, endangering their health and safety. A majority of Americans support young people’s self-autonomy and right to make decisions about their sexual and reproductive health without their parent’s involvement.
Therefore, educating the youth on the impact of unplanned pregnancies and the consequences of abortion care can assist them in making better decisions.
What is the Parental Involvement in Teenage Abortions?
Additionally, the Advocates for Youth describe the parental involvement that comes with teenage abortions. Parental involvement laws are defined into two categories: those that mandate parental notification and those that require parental consent before a young person seeks abortion services. Parental notification laws require written notification to parents, usually 24 to 48 hours prior, by a medical provider, before a young person can receive abortion services.
Moreover, the parental consent laws mandate that a young person obtain consent from one or both parents before an abortion can be performed. The Supreme Court has ruled that states may not provide parents an absolute veto over their child’s decision to obtain an abortion. Most state parental involvement requirements encompass a judicial bypass procedure that requires a minor to receive court approval for an abortion without their parent’s knowledge or consent.
For instance, twenty-one states mandate parental consent for a minor’s abortion. Three of these (Kansas, Mississippi, and North Dakota) require both parents to consent. Eight states require that the consent document be notarized. Eleven states require parental notification only. Five states require both consent and notification.
Additionally, twenty-one states require parental involvement even if the minor is a victim of incest. The only way for minors to access abortion without involving their parents in 36 states is via judicial bypass, where they must petition the courts for authorization. As shown above, most states have nuances within the law and it is important to search for more information on this in your local state.
What are Some Factors Associated with Teenage Childbearing?
According to the Office of Population Affairs (OPA) under the Department of U.S. Health and Human Services (HHS), there are well-documented links between adolescent childbearing and individual, family, and community characteristics. For instance, the data reveals that adolescents who feel connected to and do well in school are less likely than other adolescents to have children.
Moreover, at the family level, youth who feel connected to and supported by their families are less likely to have sex and become pregnant. For example, among females ages 15-24, the probability of having had a birth before age 20 is higher for those whose mothers gave birth as teens and those whose mothers have lower levels of education.
In addition, the probability of having a birth before age 20 is lower for those who resided with both biological parents at age 14 than those with other living arrangements. At the community level, teens who have mentors and have a bond with their communities are less likely to engage in sexual activity. Additionally, those who live in communities with higher rates of substance abuse, violence, and hunger are more likely to start having sex early and to conceive a child.
The links between teen childbearing and family planning and socioeconomic characteristics can be attributed mostly to inequities in access to family planning services and information. There are differences in attitudes about contraception, teen pregnancy, and teen childbearing.
Furthermore, there is a distrust of medical professionals due to experiences with providers and some groups’ history of mistreatment by the medical field. Professionals working with youth should be informed of and acknowledge the historical reasons for disparities in adolescent reproductive health and childbearing that exist in the United States.
In an article authored by Harvard Health, the medical consequences of forcing teens to notify their parents can be significant. Teens tend to realize later than adults that they are pregnant. Therefore, they are already off to a later start with decision-making. If they do not want to inform their parents, or if they have to go in front of a judge, they often delay (or the system delays them) and end up with a second-trimester abortion, which is more dangerous medically and psychologically than a first-trimester abortion. Teens can do things to try to induce an abortion, which can be very life-threatening.
Moreover, parents may understandably worry that their teen cannot make such an important decision without their input — but studies reveal that teens are capable. And it turns out that the majority of teens do communicate with their parents or a trusted adult, especially younger teens.
The ones that do not tend to have a good reason; one in three teens who do not want to notify their parents have a history of family violence.
What Effects Do Overturning Roe v. Wade have on Teenage Abortion Rights?
Recently, the Supreme Court issued a decision that overturned Roe v. Wade and eliminated a woman’s Constitutional right to choose regarding her reproductive rights. This decision expressly dismantled the right of the American people that it had recognized for nearly 50 years – a woman’s right to make her own reproductive health care decisions, free from government interference.
In early July, the White House released a statement that President Biden signed an Executive Order Protecting Access to Reproductive Health Care Services. This Executive Order builds on the actions his Administration has already taken to defend reproductive rights by:
- Safeguarding access to reproductive health care services, including abortion and contraception;
- Protecting the privacy of patients and their access to accurate information;
- Promoting the safety and security of patients, providers, and clinics; and
- Coordinating the implementation of Federal efforts to safeguard reproductive rights and access to health care.
In this statement, the American Academy of Pediatrics reaffirms its position that the rights of adolescents to confidential care when deciding whether abortion should be protected. Youth should be encouraged to involve their parents and other trusted adults in decisions related to pregnancy termination, and most do so voluntarily.
The majority of states mandate that minors have parental consent for an abortion. However, legislation requiring parental involvement does not achieve the intended benefit of promoting family communication. It increases the risk of harm to teens by delaying access to appropriate medical care.
Therefore, this statement presents a summary of pertinent current information related to the benefits and risks of legislation requiring mandatory parental involvement in an adolescent’s decision to obtain an abortion.
When Do I Need to Contact A Lawyer?
If you are concerned about your reproductive rights as a teenager, do not hesitate to seek out a local family attorney in your area to assist you further with this issue.
