information for practice

BACKGROUND: A majority of states require parental involvement in a minor’s decision to have an abortion. In light of two U.S. Supreme Court rulings that prohibit parents from having absolute veto over their daughters’ decision to have an abortion, many states require the consent or notification of only one parent, usually 24 or 48 hours before the procedure. Many parental involvement requirements also include a medical emergency exception and a judicial bypass procedure, through which a minor may receive court approval to obtain an abortion without parental involvement. Not all states adhere to this model. On the more stringent end of the spectrum, a handful of states require the consent or notification of both parents. On the other end, several states allow grandparents or other adult relatives to be involved in place of the minors’ parents; in cases of neglect or abuse, some states waive the consent or notification requirement altogether. State court decisions have also contributed to the diversity in requirements: Some state courts have enjoined laws they conclude violate their states’ constitutions; at the same time, similar or even more restrictive laws remain in effect in other states.