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Fast Facts
Spousal Consent & Notice
What are spousal-consent and -notice laws, and how do they restrict women's access to abortion services and jeopardize women's health? |
Spousal-consent and -notice laws require a pregnant woman to obtain written consent from, or give notice to, her husband prior to receiving abortion services. Of course, most couples talk with each other when facing an unintended pregnancy, and we applaud men who are actively involved in such discussions. However, these types of laws are inherently dangerous. A significant number of women in this country are victims of systematic physical and psychological abuse at the hands of their husbands. Consent and notice requirements become a substantial obstacle when a woman fears for her safety and the safety of her children if she must tell an abusive husband about her decision to end a pregnancy. More recent legislation on this issue requires a pregnant woman to obtain consent from, or give notice to, the man involved in the pregnancy regardless of her relationship with him. Such a requirement can delay a woman from seeking earlier, safer abortion care, thus putting her health at risk. |
CURRENT STATE LAWS8 states have unconstitutional and unenforceable laws that require a woman to obtain the written consent from, or give notice to, her husband prior to receiving abortion care: CO, IL, KY, LA, ND, PA, RI, SC. |
2009 NOTABLE DEVELOPMENTS
In 2009, Ohio introduced a spousal-consent bill that would have required a woman to obtain permission from the man involved in the pregnancy before she could get an abortion. If she did not know the man's identity, she would be compelled to pay for and participate in a paternity test. To make matters worse, if she did not get the signed permission of the man involved, or presented a man not responsible for the pregnancy with the permission slip, she would be guilty of "abortion fraud," which is a first-degree misdemeanor, and could serve six to 12 months in jail if found guilty.
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| For a map of all states with Spousal Consent & Notice - click here. | | |
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