Frequently Asked Questions: Parental Involvement in Minor Abortions
Q. What are some reasons to support the passage of parental involvement (notification or consent) laws?
To ensure parental rights by requiring that at least one parent is notified or gives consent before their minor daughter has an abortion:
o Parents are responsible for paying the medical bills incurred with any complications following the abortion. Therefore, they should be informed of the abortion decision.
o Public opinion polls consistently show a majority of Americans understand the value of parental involvement and support requiring parental notification before a minor's abortion.
To ensure teenage girls benefit from the best possible counsel and care before, during and after an abortion decision:
o Most teenage girls are not prepared for the possible aftermath (physical, emotional, psychological) of abortion. They need their parents to be informed and involved.
o It is indefensible for government (which can legally require parental involvement) to, by default, encourage girls to exclude their parents during this time in their lives.
To protect teenage girls from potentially dangerous medical situations before, during and after an abortion:
o Parents must give consent for other medical procedures (excluding emergencies), including ear piercing and the disbursement of aspirin in a school setting. Minors often need their parents to sign school report cards and approve school field trips. Why should abortion be an exception?
o Parental involvement laws decrease the risk of medical complications connected with the abortion by allowing parents to provide important medical information and history their daughter may not know or provide.
o Parental involvement increases the likelihood the teenager will receive the needed follow-up care after the abortion.
To protect teenage girls from repeated sexual abuse:
o The absence of parental involvement laws puts teenagers who are victims of rape or incest at risk for repeated abuse. These laws generally include a provision for girls pregnant due to rape or incest to bypass parental notification or consent by a direct petitioning of the court. This triggers protective measures for the girl, who otherwise could have a "secret" abortion and return to a potentially abusive social or home environment.
Q. What are some reasons cited by opponents of parental involvement laws?
Parental notification laws force teenagers to have illegal abortions rather than risk telling their parents.
o Response: More than 40 states have passed some kind of parental involvement law. There is no evidence that these laws drive girls to have illegal abortions. Furthermore, teenagers can die from legal abortions-just because abortion is legal doesn't guarantee it is safe. Parental involvement is the best way to protect the life and health of teenage girls.
o The Becky Bell story: Opponents of parental involvement cite the case of this 17-year old Indiana teenager who they claim died from an illegal abortion after her state passed a parental consent law. Bell was dubbed the "first known victim of parental consent laws." However, Bell did not have an abortion, according to Jesse Giles, MD, who performed the teenager's autopsy. Giles says he used the word 'abortion' on his report to represent the traditional medical use of the word, which is miscarriage. Giles found no evidence of an induced abortion, but believes Bell had a miscarriage and then died of pneumonia.
Some teenagers face physical danger from angry parents. Others are pregnant due to rape or incest and cannot tell their parents.
o Response: The judicial bypass or waiver provision generally included in these laws takes these possibilities into account. Abusive parents face the threat of criminal penalties, regardless of why they are angry with their child. The waiver component actually provides additional protection for the minor child, as it requires the notification of the appropriate authorities if the girl alleges abuse, either physical or sexual. Without this law, girls who are the victim of incest will have "secret" abortions and then return to the same home environment, risking continued abuse.
These laws interfere with a woman's right to choose abortion.
o Response: The United States Supreme Court disagrees. The Court has repeatedly upheld the constitutionality of parental involvement laws, which include a judicial bypass provision. These bills do not limit a teenage girl's access to abortion; they merely require a parent to at least be notified before the fact.
Most teenage girls are mature enough to make their own decisions about an abortion.
o Response: Being physiologically able to conceive a child does not necessarily mean you are mature enough to make a major decision, like choosing abortion, on your own. Girls need their parents' protection and counsel during this time.
The majority of teenagers already talk to their parents before having an abortion, so this bill is unnecessary.
o Response: If the majority already talks to their parents, then this bill should be no problem for them. But what about the others? All teenagers deserve their parents' involvement and protection. All parents deserve to be informed about their daughter's abortion decision.
o Research published in the Journal of Adolescent Health concluded "there is little evidence in the limited decision-making literature reviewed to suggest that parental notification legislation does harm to a teenager or her family. If anything, such requirements might support family communication and facilitate decision-making
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