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Fast Facts
Restrictions on Young Women's Access to Abortion
How are abortion restrictions dangerous to young women's safety? |
Most young women talk with at least one parent when facing an unintended pregnancy. But some young women feel for various reasons—including abuse, rape, or incest—that they cannot tell a parent that they are pregnant. Restrictions on young women's access to abortion care can lead to family violence when a young woman must tell an abusive parent about her decision to end a pregnancy, and can delay young women from seeking earlier, safer abortion care, thus putting their health at risk. Of course, most parents hope their daughters will seek out their advice and support, but responsible parents want, above all, for their daughters to be safe. |
CURRENT STATE LAWS43 states have parental-notice or -consent laws that restrict young women's access to abortion: AL, AK, AZ, AR, CA, CO, DE, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VA, WV, WI, WY.
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23 states require parental consent: AL, AK, AZ, AR, CA, ID, IN, KY, LA, ME, MA, MI, MS, MO, NM, NC, ND, OH, PA, RI, SC, TN, WI.
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15 states require parental notice: CO, DE, FL, GA, IL, IA, KS, MD, MN, MT, NE, NV, NJ, SD, WV.
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5 states require both parental notice and consent: OK, TX, UT, VA, WY.
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11 states that have parental-notice and/or -consent laws permit other trusted adults to stand in for a parent: AZ, CO, DE, IL, IA, ME, NC, PA, SC, VA, WI.
6 of these laws have been found unconstitutional and unenforceable: AK, CA, MT, NV, NJ, NM.
1 of these laws is currently enjoined: IL |
2009 ENACTED STATE LEGISLATIONIn July 2009, Arizona passed a law that mandates notarized parental consent in order for a young woman to obtain abortion care. This amends current state law. A pending court case blocked this provision. (For more details, read the "2009 Notable Cases" section below.) |
2009 FEDERAL ACTIONIn 2009, lawmakers in the House of Representatives reintroduced yet again the so-called "Child Interstate Abortion Notification Act," which would impose a complex patchwork of parental-involvement laws on states, doctors, and young women. The bill also imposes criminal penalties on anyone other than a parent—including a grandparent or minister—who accompanies a young woman across state lines for abortion care if requirements of the home state's parental-involvement law have not been met. |
2009 NOTABLE CASES
On July 14, 2009, the Seventh Circuit Court of Appeals, in Zbaraz v. Madigan, dissolved an injunction that had been in place since 1984, enjoining the enforcement of Illinois' Parental Notice of Abortion Act of 1983. Although the Illinois General Assembly later repealed the 1983 law and passed a new version in 1995, that version also was challenged on constitutional grounds and the injunction remained in effect by agreement of the parties. The Seventh Circuit Court of Appeals ruled that the judicial-bypass procedure put in place under the 1995 law is sufficient. On August 5, the state Medical Disciplinary Board, the agency responsible for enforcement, was granted a 90-day moratorium to allow medical practitioners to become familiar with the requirements of the law. On November 4, a state-court judge issued a temporary restraining order that will remain in effect until arguments are heard.
In Planned Parenthood Arizona, Inc. v. Goddard, a Maricopa County Superior Court judge accepted many of the legal arguments offered by Planned Parenthood Arizona, Inc. and blocked enforcement of some portions of a new measure that would have imposed unprecedented restrictions on women seeking abortion care. One of the provisions blocked was a requirement for notarized parental consent in order for young women to obtain abortion care.
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2009 NOTABLE DEVELOPMENTS
Young women's ability to access confidential abortion care is still a major target for anti-choice lawmakers and activists, despite the fact that many states already have parental-involvement laws. Anti-choice lawmakers have been thus far unsuccessful in passing stand-alone federal legislation on this point but persist in seeking legislative opportunities to do so – such as when they filed a version of the "Child Interstate Abortion Notification Act" to a bill reauthorizing the State Children's Health Insurance Program. (Thankfully, the amendment did not come up.) Furthermore, states continue to chip away at young women's rights. In addition to the judicial action discussed above, in two states that have unconstitutional and unenforceable parental-involvement laws on the books – Alaska and California – anti-choice activists have filed parental-notification and waiting-period initiatives to be on the ballot in 2010. All told, anti-choice forces continue to look for ways to erode young women's access to abortion care.
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| For a map of all states with Restrictions on Young Women's Access to Abortion - click here. | |
