Author: Sophia Adamski

Essay topic: Legal abortion for minors without parental consent

No Consent Required

You clutch the edge of the sink with your free hand as you watch that Clear-Blue-Easy, pee-on-a-stick thing turn a blushing cerulean. You’re seventeen. You’re still in high school. You’re trying to figure out what life is and isn’t. You’re too immature to be mature enough to be a parent; you can hardly keep your hamster alive. And what about college, standing over you, a dark, ever-widening shadow of student loans and majors?  You stare at the drain in the sink, trying not to throw up. Your head is spinning, and your heart is a wet, white-hot hammer, slamming against your ribcage. Abortion is your best option. However, you live in Colorado, a state that requires parental notification prior to obtaining an abortion. The nausea creeps up your throat like a snake and crouches in the back of your mouth like a tiger.

In 1973, the Supreme Court ruling of Roe v. Wade ensured that abortions are available to everybody in every state; however, many states fall short when regarding abortion for minors. Each state has different regulations regarding abortion laws for minors, especially with respect to parental consent. Due to varying state requirements, teens may find themselves traveling to another state that doesn’t require parental consent. Additionally, one may be fearful of discussing the situation with parents in the face of potential punishment. Another complication stems from the anxiety that a parent may not support their child’s choice and force them to carry to full term. By changing statutes to minor abortion and its associated parental consent laws, these adverse situations are avoided.

If a minor does not want to discuss their choice with their parents, they might opt to travel to another state to obtain an abortion in order to avoid the parental notifications required of their home state. “Deaths have occurred in some states as a result of women trying to circumvent the consent/notification law. Other women will attempt to go to a nearby state that does not have a consent or notification law; they would run the slight risk of complications during the trip home, when medical attention might not be conveniently accessible.” The overwhelming majority of states require parental consent for teenagers seeking an abortion, and some states require that you notify a parent or guardian 48 to 24 hours before you follow through with the procedure. According to Planned Parenthood, “...on the other hand, a judge can excuse you of this requirement,” called a judicial bypass. In Colorado, for example, the requirement for a teen abortion is that “one parent be told of the decision 48 hours before a minor’s abortion. A judge can excuse you from this requirement. If you do not live with your parents, but you live with a grandparent, or an adult aunt or uncle, the adult relative you live with may be told in place of your parents.” One neighboring state to Colorado, New Mexico, does not have any parental involvement required for a teen to have an abortion.

Another problem with parental consent laws is that a pregnant teen may fear retribution when telling a parent about their pregnancy. It may sound reasonable, daresay even hopeful, that a minor be comfortable with discussing a termination with their parents; however, this is not always the case. A minor may live in dread of even hinting at such a thing. Few have strong familial bonds that could withstand the stress of an abortion. According to the ACLU, “one study showed that 22% of teens who did not tell a parent about their abortion decision feared that, if they told their parents, they would be kicked out of the house. More than 8% feared that they would be physically abused because their parents had beaten them before. Of those who did not tell a parent, 12% did not live with either parent and 14% had parents who abused drugs or alcohol.” By mandating parental consent, the minor risks being thrown out of the home, or being beaten or otherwise physically assaulted by dysfunctional parents.

If state requirements necessitate a teen to notify or acquire the permission of a parent before obtaining an abortion, the parent may not support the child’s choice.  The parent may want to force the minor to bear the child. “Parents who are opposed to abortion might force their daughter to continue with the pregnancy against her wishes, even if remaining pregnant represents a significant risk to her health or life.” After being denied permission, a desperate alternative that the pregnant teen may choose is a back-alley abortion or self-inflicted abortion. Additionally, if permission is not granted, the teen may opt for a judicial bypass and hope to override their parents decision, potentially putting the parental relationship at risk.

Requiring parental consent impedes one’s right to privacy, a significant justification of Roe. v. Wade. The case “recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions — including the decision to have an abortion without interference from politicians,”  did not cover all women; minor’s were not addressed and each state was left to decide on parental permission requirements. Clearly, there is interference when each state has different parental permission rules, some of which put barriers up and make it more complicated to terminate a pregnancy, ultimately compromising the constitutional right to privacy and the decision to have an abortion. To be fair and equitable from state to state, it would be beneficial to the minor to eliminate the requirement of parental permission or notification for a minor to obtain an abortion in all states.

The abridgement of minor’s rights in regard to abortion access plainly presents distinct problems. Every state has differing levels of consent laws for minors. Contradicting state laws often encourage those under eighteen to seek an abortion by crossing state lines. Opposing laws or lack of parental consent or involvement can also lead to illegal, self-inflicted, or back-alley abortions. Judicial bypass systems may place strain on family relationships, and, furthermore, can and does bring harm, inflicted by parents to children. All of these problems can be dodged with a single, elementary solution: Make abortions available to all minors, in all states, without the authorization of parents.  

Works Cited:

Parenthood, Planned. "Parental Consent and Notification Laws | Judicial Bypass." Parental Consent and Notification Laws | Judicial Bypass. N.p., 30 Aug. 2016. Web. 10 Nov. 2016. <https://www.plannedparenthood.org/learn/abortion/parental-consent-notification-laws>.

"U.S. Federal Bills Dealing with Interstate Travel of Pregnant Minors to Obtain Abortions."Abortion Laws Dealing with Interstate Travel of Minors. N.p., n.d. Web. 10 Nov. 2016. <http://www.religioustolerance.org/abo_stat.htm>.

@ACLU. "Laws Restricting Teenagers' Access to Abortion." American Civil Liberties Union. N.p., n.d. Web. 10 Nov. 2016. <https://www.aclu.org/other/laws-restricting-teenagers-access-abortion>.

@Debatewise. "Minors Should Be Able to Obtain Abortions without Parental Consent. - DebateWise." DebateWise. N.p., n.d. Web. 10 Nov. 2016. <http://debatewise.org/debates/2308-minors-should-be-able-to-obtain-abortions-without-parental-consent/#yes1>.

"Parental Consent and Notification Laws for Teen Abortions: Pro and Con." Parental Consent and Notification Laws for Teen Abortions: Pro and Con. N.p., n.d. Web. 10 Nov. 2016. <http://www.religioustolerance.org/abo_pare3.htm>.

@ppact. "Roe v. Wade." Roe v. Wade. N.p., n.d. Web. 10 Nov. 2016. <https://www.plannedparenthoodaction.org/issues/abortion/roe-v-wade>.