Consent In Abortion

Abortion

Of all the abortion-related policy issues facing decision-makers in this country today, parental consent or notification before a minor may obtain an abortion is one of the most difficult. Few would deny that most teenagers, especially younger ones, would benefit from adult guidance when faced with an unwanted pregnancy. Few would deny that such guidance ideally should come from the teenager's parents. Unfortunately, we do not live in an ideal world. For a variety of reasons, including fear of parental maltreatment or abuse, teenagers frequently cannot tell their parents about their pregnancies or planned abortions.

In the 34 states with laws in effect that mandate the involvement of at least one parent in the abortion decision, teenagers who cannot tell their parents must either travel out of state or obtain approval from a judge -- known as a "judicial bypass" procedure -- to obtain an abortion. The result is almost always a delay that can increase both the cost of the abortion and the physical and emotional health risk to the teenager, since an earlier abortion is a safer one (Paul, et al ., 1999).

Currently, anti-choice members of Congress are seeking to make it even more difficult for minors living in states with mandatory parental involvement laws to obtain an abortion with the so-called "Child Custody Protection Act" (CCPA). The bill would make it a federal crime to transport a minor across state lines for an abortion unless the parental involvement requirements of her home state had been met. If the bill were enacted, persons convicted would be subject to imprisonment, fines, and civil suits

A minority of teenagers do not involve their parents. Overwhelmingly, they make this decision for compelling reasons. A 1991 study of unmarried minors having abortions in states without parental involvement laws found that

* Sixty-one percent of the respondents reported that at least one of their parents knew about their abortion.

* Of those minors who did not inform their parents of their abortions, 30 percent had histories of violence in their families, feared the occurrence of violence, or were afraid of being forced to leave their homes.

* Minors who did not tell their parents were also disproportionately older (aged 16 or 17) and employed.

* Among the respondents who did not inform their parents of their pregnancies, all consulted someone in addition to clinic staff about their abortions, such as their boyfriend (89 percent), an adult (52 percent), or a professional (22 percent). (Henshaw & Kost, 1992)

Some states go as far as to require the involvement of both parents. These statues ignore the realities of teenagers' lives.

* In 2000, approximately 19 million children under the age of 18 lived with only one parent. Nearly three million more lived with neither parent (U.S. Census Bureau, 2001a).

* In 2000, 33 percent of all births occurred to unmarried women (CDC, 2003). One study found that 20 percent of unmarried fathers had little to no contact with their children (Doherty et al ., 1998).

* Millions of children live with a single parent subsequent to divorce. In 2000, 54 percent of single parents with children under the age of 18 were divorced or separated (U.S. Census Bureau, 2001b). A study found that one-third of divorced fathers had no contact with their

Moreover, even if a teenager is able and willing to involve one or both parents, the procedures required by some state parental consent or notification laws make compliance impossible or difficult.

* Requiring that teenagers either obtain notarized evidence that parents have been notified or present a death certificate for a deceased parent may present impossible logistical barriers, lead to breaches of confidentiality for parents and teenagers, or cause serious delay.

* A requirement that the physician personally locate and notify the parents could easily both delay the procedure and increase the cost.

CANADA

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