Laws Requiring Parental Consent or Notification for Minors' Abortions

Thirty-six states have some form of parental notification or consent laws in effect. Seven states have adopted laws, but have been restrained from being in full effect by legal actions. Seven states and the District of Columbia have no law.

I. Laws not in effect: 7 states.
All laws are enjoined by courts except for New Mexico’s, which is not in effect because of an Attorney General’s opinion. All injunctions are on the basis of the federal or state constitution. State constitutional injunctions are noted as SC.

II. Laws currently in effect or scheduled to take effect: 36 states.
All except Utah have a judicial or other mechanism to bypass the consent or notice requirement.

III. States with no laws — 7 + Washington D.C.

(1)  Consent of or notice to one parent required
(2)  Consent of or notice to both parents required
GP  Consent of or notice to grandparent permitted as an alternative to parent
SP  Notice to step-parent in the same household permitted as an alternative to parent
A,U,S  Consent of aunt, uncle or sibling at least 25 years old permitted as an alternative to parent
AFM  Consent of an adult family member permitted as an alternative to parent
MH  Notice to a licensed mental health professional permitted as an alternative to parent
[age]  Age in brackets indicates consent or notice required only for minors under this age. Otherwise, consent or notice required for young women under 18.

Footnotes

1 Oklahoma provides that “any person who performs an abortion on a minor without parental consent or knowledge shall be liable for the cost of any subsequent medical treatment such minor might require because of the abortion.”
2 Maine allows the attending physician to waive the requirement of consent of one parent or adult family member if the minor is competent to consent and if she undergoes counseling. Adult family member is not defined in the statute.
3 In Mississippi, if the minor’s parents are divorced or otherwise unmarried and living separate and apart, the written consent of the parent with primary custody, care and control of the minor is sufficient. Also, if the parents are married and one parent is not available to the person performing the abortion in a reasonable time and manner, then the written consent of the parent who is available shall be sufficient.
4 In North Carolina, the consenting grandparent must be one with whom the minor has been living for at least six months immediately preceding the date of the minor’s written consent to the abortion.
5 North Dakota requires the consent of both parents, unless one has died or the parents are divorced or separated, in which case consent of the surviving or custodial parent only is required.
6 In Virginia, if a judge waives the consent requirement because a minor is immature but the abortion is in her best interests, the judge may nevertheless require notice to a parent unless such notice would be against the minor's best interest.
7 Under Wisconsin law, an aunt, uncle or sibling must be at least 25 years old to give consent.
8 Arkansas defines the term parent as both parents of the pregnant woman if they are both living and only as one parent of the pregnant woman if only one is living or if the second one cannot be located through reasonably diligent effort.
9 In Colorado, a grandparent, aunt, or uncle may be notified only if the minor is not residing with the parent, but resides with the grandparent, aunt or uncle. If a minor's parents do not live together, the minor may request that notice be given only to one parent; the law requires this request be honored and noted in the minor's medical record.
10 The Maryland law allows the physician to waive notification on the basis of the minor’s maturity or best interest.
11 Minnesota defines parent as both parents of the pregnant woman if they are both living, one parent of the pregnant woman if only one is living or if the second one cannot be located through reasonable methods.
12 Ohio allows notice to be waived if an adult sibling, stepparent, or grandparent files an affidavit with a court attesting that the minor is a victim of abuse.
13 West Virginia allows a physician with no financial connection with the physician who performs the abortion to waive the requirement on the basis of the minor's maturity or her best interests.
 

Current as of May 12, 2010.