About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

11 J. Contemp. Legal Issues 642 (2000-2001)
Abortion Rights of Minors, Parental Consent, and Parental Notification

handle is hein.journals/contli11 and id is 656 raw text is: Abortion Rights of Minors, Parental Consent, and Parental Notification CAROLYN PUZELLA Family Law, February 1997 Question Presented Does an unemancipated minor female have a constitutional right to an abortion without first obtaining parental consent? Short Answer Yes, although not without limitations. The United States Supreme Court has extended the constitutional right of a woman to choose to have an abortion to unemancipated minor females. Although the Court has re- cognized that parental consent requirements further both the parental right to raise children free of state interference and legitimate state interests in protecting the minor's vulnerability, health and safety, minors nevertheless have a limited privacy right in the choice of whether to have an abortion. A state statute requiring parental consent before an unmarried minor can have an abortion would violate the minor's constitutionally protected right to privacy. The Court has held that a state may require the minor to seek parental approval if an alternative method is provided, such as judicial waiver or bypass, to permit the minor to express her choice in the event her parents do not consent. Such an alternative is deemed necessary to protect those minors who cannot obtain parental consent and who either are mature enough to make the decision on their own, or who are immature and incapable of making such a decision when having an abortion would be in their best interest. Provision for judicial waiver also ensures that the minor's fundamental right to choose an abortion is not unduly burdened by the State.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most