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Nevada

Restrictions on Young Women's Access to Abortion

Nevada law restricts young women's access to abortion.

Is the law enforceable?  No.  A federal court held that this law is unconstitutional and unenforceable because the judicial bypass-procedure does not sufficiently protect a woman's right to choose. Glick v. McKay, 937 F.2d 434 (9th Cir. 1991) (preliminary injunction upheld), No. CV-N-85-331-ECR (D. Nev. Oct. 10, 1991) (permanent injunction issued).

Who is considered a minor?  A young woman under the age of 18 who is not married and not emancipated.

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

Who must be notified?  One parent.

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 unless the attending physician personally gives notice to one parent.  If the parent cannot be so notified after a reasonable effort, notice must be made by certified mail.

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 the attending physician determines that "an abortion is immediately necessary to preserve the patient's life or health."

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 that she is mature enough to make an intelligent and informed decision, that she is financially independent or emancipated, or that parental notice is detrimental to her best interests.

Are there other significant requirements under the law?  No.

Has a court considered the constitutionality of this law?  Yes.  A court held that the statute is unconstitutional because the judicial-bypass procedure is constitutionally inadequate and issued a permanent injunction prohibiting enforcement of the law.  Glick v. McKay, 937 F.2d 434 (9th Cir. 1991) (preliminary injunction upheld), No. CV-N-85-331-ECR (D. Nev. Oct. 10, 1991) (permanent injunction issued).

Other information about the law:  None.

Nev. Rev. Stat. Ann. §§ 442.255 (Enacted 1981; Last Amended 1985), .2555 (Enacted 1985).

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