In Louisiana and Oklahoma, the parent must also provide identification to the abortion provider. * Parental consent documentation must be notarized, which requires the parent to provide government-issued identification. ▽ Temporarily enjoined by court order policy not in effect. ▼ Permanently enjoined by court order policy not in effect. Note: Except where indicated, policies require the involvement of one parent. Parental Involvement in Minors' Abortions 14 states permit a minor to obtain an abortion in cases of abuse, assault, incest or neglect.33 states permit a minor to obtain an abortion in a medical emergency.Most states that require parental involvement make exceptions under certain circumstances.15 states require judges to use the “clear and convincing evidence” standard to determine whether the minor is mature and the abortion is in their best interest when deciding whether to waive parental involvement.7 states require judges to use specific criteria, such as a minor’s intelligence or emotional stability, for deciding whether to waive parental involvement.35 states include a judicial bypass procedure, which allows a minor to obtain approval from a court.35 states that require parental involvement have an alternative process for minors seeking an abortion.2 states require a minor’s identification to have an abortion.4 states require proof of parenthood for parental consent.11 states require identification for parental consent.6 states permit a minor to obtain an abortion if a grandparent or other adult relative is involved in the decision.10 states require only parental notification 1 of these requires that both parents be notified.6 states require both parental notification and consent.21 states require only parental consent 3 of these require both parents’ consent.36 states require parental involvement in a minor’s decision to have an abortion.Visit our state legislation tracker for policy activity on all sexual and reproductive health topics. Many states require a judge to use the unusually strict legal standard of “clear and convincing evidence” to determine whether a minor is sufficiently mature and the abortion is in their best interest prior to waiving the parental involvement requirement. These criteria can include the young person's intelligence, emotional stability and understanding of the possible consequences of obtaining an abortion. Some states require judges to use specific criteria when determining whether to grant a waiver of parental involvement. Supreme Court has ruled that states may not give parents an absolute veto over their child's decision to have an abortion, most state parental involvement requirements include a judicial bypass procedure that allows a minor to receive court approval for an abortion without their parents’ knowledge or consent. Several states allow grandparents or other adult relatives to be involved in place of the minor’s parents, and many waive parental involvement requirements if there is a medical emergency or the young person is the victim of abuse or neglect.īecause the U.S. In a small number of states, the parent must also provide proof of parenthood. Some states require the minor and a parent to provide government-issued identification to the abortion provider and/or as part of notarizing the parental consent form. Most of these states require the consent or notification of only one parent, usually 24 or 48 hours before the procedure, but a handful of states require the involvement of both parents. The majority of states require parental involvement in a minor’s decision to have an abortion.
JUDICIAL CONSENT UPDATE
Our team is working diligently to update this resource. As a result, some information here may be out of date. Laws and policies on abortion have been changing rapidly across the United States since the US Supreme Court overturned the federal constitutional right to abortion in late June in Dobbs v.