Did you know a judge penalized a minor for her parents’ divorce?

In September 2003, Circuit Court Judge James Humphrey held that under Indiana's law requiring parental consent from one parent before a minor obtains an abortion, a minor of divorced parents must obtain consent from both parents. 

In a stinging rebuke, the Indiana Court of Appeals reversed Judge Humphrey's ruling in October.  Judge John Baker noted, "There is no rational reason to make it more difficult for the child of divorced parents to receive an abortion than for a child of married parents."  He continued, "This would merely be visiting condemnation upon the head of an innocent child who is not responsible for her parents' divorce."

In states that do not enforce mandatory parental consent or notice laws, the majority of parents knew of their daughters' pregnancies.  Unfortunately, some young women cannot consult a parent.  Mandatory parental consent laws can lead to delays in obtaining abortion services, increasing the costs and health risks to young women.  Requiring both parents' consent for young women of divorced parents can place additional emotional stress on a young woman, in an already difficult period of her life, who may be forced to contact an estranged parent.

S. H. v. D. J., 796 N.E.2d 1243 (Ind. Ct. App. 2003); NARAL Pro-Choice America Foundation, Mandatory Parental Consent and Notice Laws and the Freedom to Choose (Jan. 1, 2004) at /facts/parental_consent_laws.cfm (last visited Jan. 20, 2004).