Restrictions on Young Women's Access to Abortion

Alaska law restricts young women's access to abortion.

Is the law enforceable?  No.  The Alaska Supreme Court held that this law is unconstitutional and unenforceable because it violates young women's right to privacy under the Alaska Constitution.  Moreover, the Court held that the law did not further a compelling state interest, using the least restrictive means. State of Alaska v. Planned Parenthood, Nos. S-11365, S-11386, slip op.(Alaska Nov. 2, 2007).

Who is considered a minor?  A young woman under the age of 17 who is unmarried, not a member of the armed services or employed and self-subsisting, or otherwise emancipated.

What is required - parental consent or parental notice?  Consent.

Who must provide consent?  One parent.

Are there other trusted adults who may provide consent instead?  No.

What is the process for obtaining consent?  A young woman may not obtain an abortion unless the attending physician secures the written consent of one parent.

May the parental mandate be waived if a young woman is a victim of rape or incest?  No.

May the parental mandate be waived if a young woman is a victim of child abuse?  No.

May the parental mandate be waived if a young woman's health is threatened?  Yes, but only if a medical emergency exists.  A medical emergency is defined as a medical condition of the young woman that necessitates an immediate abortion to preserve her life or for which a delay will create "serious risk of substantial and irreversible impairment of a major bodily function."

May the parental mandate be waived under any other circumstances?  Yes, the young woman may try to obtain permission from a judge.

If a young woman must obtain permission from a judge, what is the process?  She must secure a court order stating, by clear and convincing evidence, that she is mature and well informed enough to make an intelligent decision, that there is evidence that she has been subject to physical or sexual abuse or to a pattern of emotional abuse by one or both parents, or that parental consent is not in her best interests.

Are there other significant requirements under the law?  No.

Has a court considered the constitutionality of this law?  Yes.  A lower state court ruled that this law is unconstitutional under the state constitution, but the state supreme court reversed this ruling and sent the case back to the lower court for an evidentiary hearing to determine the law's constitutionality.  Planned Parenthood of Alaska, Inc. v. State, No. 3AN-97-6014 CI (Alaska Super. Ct. Feb. 25, 1998) (summary judgment), (Alaska Super. Ct. Oct. 5, 1998) (final amended judgment), aff'd in part, rev'd in part and remanded, 35 P.2d 30 (Alaska 2001).  On remand, the trial court found the law unconstitutional and unenforceable.  Planned Parenthood v. State, 3AN-97-6014 C1 (Alaska Super. Ct. Oct. 13, 2003).  The Alaska Supreme Court affirmed the lower court decision.  State of Alaska v. Planned Parenthood, Nos. S-11365, S-11386, slip op. (Alaska Nov. 2, 2007).

Other information about the law:  None.

Alaska Stat. §§ 18.16.010(a)(3) (Enacted 1970; Renumbered 1978; Reorganized 1986; Last Amended 2004), .020 (Enacted 1997), .030 (Enacted 1997), .090(2) (Enacted 1997).