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Minnesota

Restrictions on Young Women's Access to Abortion

Minnesota law restricts young women's access to abortion.

Is the law enforceable?  Yes.  The United States Supreme Court held that this law is constitutional.  Hodgson v. Minnesota, 497 U.S. 417 (1990).

Who is considered a minor?  A young woman under the age of 18.

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

Who must be notified?  Both parents.

Are there other trusted adults who may be notified instead?  No.

What is the process for providing notification?  A young woman may not obtain an abortion until at least 48 hours after written notice has been personally delivered by the physician to both parents, unless only one parent is living, the second parent cannot be located through "resonably diligent effort," or the abortion is authorized in writing by the persons entitled to notice.  If notice is given by certified mail, the 48-hour period begins to run at noon on the next day on which regular mail delivery takes place.

May the parental mandate be waived if a young woman is a victim of rape or incest?  Yes, by declaring that she is a victim of sexual abuse, which must then be reported to the proper authorities.

May the parental mandate be waived if a young woman is a victim of child abuse?  Yes, by declaring that she is a victim of physical abuse or neglect, which must then be reported to the proper authorities.

May the parental mandate be waived if a young woman's health is threatened?  No.

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 either that she is mature and capable of informed consent or that an abortion without parental consent is in her best interests.

Are there other significant requirements under the law?  No.

Has a court considered the constitutionality of this law?  Yes.  The U.S. Supreme Court has ruled that this law is constitutional.  Hodgson v. Minnesota, 497 U.S. 417 (1990).

Other information about the law:  None.

Minn. Stat. Ann. §§ 144.343 (Enacted 1971; Last Amended 1986), 645.451(subd.2) (Enacted 2004).


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