Minor Abortion Laws by State

In 2022, the U.S. Supreme Court made an important ruling in Dobbs v. Jackson Women’s Health Organization. The court decided that the U.S. Constitution does not give people the right to have an abortion. This means that states can now make their own rules about abortion as long as they follow federal laws. This decision overturned two earlier court cases, Roe v. Wade and Planned Parenthood v. Casey, and gives states more power to control abortion laws.

Laws and policies about abortion have been changing quickly in the United States after Dobbs v. Jackson was decided in late June 2022. This means that some information might not be current as of the time you read this article. If you are concerned, please speak with a lawyer in your state for the most recent updates.

Do Minors Need Parental Consent for an Abortion?

In most states, a young person who wants an abortion must involve their parents. Usually, only one parent must consent or be informed, often 24 or 48 hours before the procedure. However, a few states require both parents to be involved.

Some states ask for government-issued IDs from the minor and the parent, which might be needed for notarizing the parental consent form. In a few states, the parent must also prove they are the minor’s parent. Some states allow grandparents or other adult relatives to replace parents in certain cases. Parental involvement is not needed in situations where there is a medical emergency or if the minor has experienced child abuse or neglect.

State-by-State

Here is the information on parental involvement in minors’ abortions for each state:

1. Alabama: Consent only; Minor and parent must provide identification.
2. Alaska: Other relatives are allowed to consent.
3. Arizona: Consent only; Parent must provide identification for notarizing the consent form.
4. Arkansas: Consent only; Parent must provide identification for notarizing the consent form.
5. California: Permanently enjoined by court order; policy not in effect.
6. Colorado: Notification only.
7. Delaware: Notification only; Parent must provide identification; Allows specified health professionals to waive parental involvement in limited circumstances; Applies to patients younger than 16.
8. Florida: Notification and consent; Parent must provide identification.
9. Georgia: Notification only; Parent must provide proof of parenthood.
10. Idaho: Consent only.
11. Indiana: Consent only; Parent and minor must provide identification for notarizing the consent form.
12. Iowa: Notification only; Parent must provide identification.
13. Kansas: Both parents must provide consent; Parent must provide identification.
14. Kentucky: Consent only.
15. Louisiana: Consent only; Parent must provide identification and proof of parenthood for notarizing the consent form.
16. Maryland: Notification only; Allows specified health professionals to waive parental involvement in limited circumstances.
17. Massachusetts: Consent only; Applies to patients younger than 16.
18. Michigan: Consent only.
19. Mississippi: Both parents must provide consent.
20. Missouri: Notification and consent; Parent or guardian must notify any other custodial parent or guardian that the minor is having an abortion.
21. Montana: Notification only; Applies to patients younger than 16; Temporarily enjoined by court order; policy not in effect.
22. Nebraska: Consent only; Parent must provide identification for notarizing the consent form.
23. Nevada: Permanently enjoined by court order; policy not in effect.
24. New Hampshire: Notification only.
25. New Jersey: Permanently enjoined by court order; policy not in effect.
26. New Mexico: Permanently enjoined by court order; policy not in effect.
27. North Carolina: Consent only; Parent must provide identification.
28. North Dakota: Both parents must provide consent.
29. Ohio: Consent only.
30. Oklahoma: Notification and consent; Parent must provide identification and proof of parenthood for notarizing the consent form and to the abortion provider.
31. Pennsylvania: Consent only.
32. Rhode Island: Consent only.
33. South Carolina: Consent only; Parent must provide identification; Applies to patients younger than 17; Allows specified health professionals to waive parental involvement in limited circumstances.
34. South Dakota: Notification only.
35. Tennessee: Consent only; Parent must provide proof of parenthood.
36. Texas: Notification and consent; Parent and minor must provide identification for notarizing the consent form.
37. Utah: Notification and consent.
38. Virginia: Notification and consent; Parent must provide identification for notarizing the consent form.
39. West Virginia: Notification only.
40. Wisconsin: Consent only; Parent must provide identification.
41. Wyoming: Notification and consent.

What is a Judicial Bypass?

A judicial bypass is an option for minors to get a judge’s permission for an abortion instead of their parent’s consent. This is possible because the Supreme Court has said that states cannot give parents total control over their child’s decision to have an abortion.

The minor needs to apply to their local state court to use a judicial bypass. The process is usually confidential and free. When deciding if a bypass should be granted, a judge looks at factors such as:

• If the minor has given informed consent for the abortion;
• If the minor is mature enough to have an abortion without their parents or legal guardian;
• If the minor is emancipated;
• If the minor knows all their pregnancy options; and
• If the abortion is in the minor’s best interest.

It’s important to remember that the judge has the final say in whether or not to allow the abortion. If the bypass is denied, the minor can appeal, and the court must review the decision quickly.

The judicial bypass process usually takes less than a couple of weeks. Under the right to privacy, a minor does not have to tell or get permission from the father of the fetus, whether known or not.

Do I Need a Lawyer for Help with Abortion Laws?

The process of getting an abortion as a minor can seem complicated because each state has different laws.

While you don’t need a lawyer to get a judicial bypass or abortion, they can make the process easier. Some family lawyers might even take your case for free (pro bono), depending on their practice and your situation. A lawyer found on LegalMatch’s attorney-client matching site can also help protect your confidentiality and privacy throughout the abortion or judicial bypass process. They can work with you to ensure that your medical information and personal details are kept confidential and not disclosed to anyone without your consent.

How Can LegalMatch Help You?

LegalMatch is an online legal matching service that connects clients with local attorneys who practice in the area of law relevant to their cases. If you are seeking legal assistance with abortion laws or a judicial bypass, LegalMatch can help you find an attorney who can provide you with guidance and representation throughout the legal process.

By submitting a brief summary of your case on our website, you will receive a list of qualified attorneys in your area who handle legal issues related to your case. You can review each attorney’s profile, including their experience, education, and reviews from past clients, and choose the one you feel most comfortable working with.

LegalMatch can also help you save time and money by connecting you with attorneys who offer affordable and flexible payment plans and who are willing to work pro bono or on a reduced-fee basis.

Legal representation can provide valuable support and guidance throughout the abortion process. LegalMatch can help you find an attorney who can help you protect your rights and ensure that you receive the best possible outcome in your case.