How are abortion restrictions dangerous to young women's safety?
Most young women talk with at least one parent when facing an unintended pregnancy. But some young women feel for various reasons – including abuse, rape, or incest – that they cannot tell a parent they are pregnant. For example, forcing a young woman to tell an abusive parent about her decision to end a pregnancy can lead to family violence. Further, placing restrictions on a young woman’s access to abortion can delay her from seeking earlier, safer care, thus putting her health at risk. Of course, most parents hope their daughters will seek out their advice and support, but responsible parents want, above all, for their daughters to be safe.
Current State Laws
44 states have parental-notice or -consent laws that restrict young women’s access to abortion: AL, AK, AZ, AR, CA, CO, DE, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VA, WV, WI, WY.
- 24 states require parental consent: AL, AZ, AR, CA, ID, IN, KS, KY, LA, ME, MA, MI, MS, MO, NE, NM, NC, ND, OH, PA, RI, SC, TN, WI.
- 15 states require parental notice: AK, CO, DE, FL, GA, IL, IA, MD, MN, MT, NV, NH, NJ, SD, WV.
- 5 states require both parental notice and consent: OK, TX, UT, VA, WY.
- 11 states that have parental-notice and/or -consent laws permit other trusted adults to stand in for a parent: AZ, CO, DE, IL, IA, ME, NC, PA, SC, VA, WI.
- 4 of these laws have been found unconstitutional and unenforceable: CA, NV, NJ, NM.
- 1 of these laws is currently not in effect: IL.
2012 Enacted State Legislation
2 states enacted 2 measures restricting young women's access to abortion: MT, NH.
2012 Federal Action
In March, the Judiciary Committee of the House of Representatives marked up the Child Interstate Abortion Notification Act (CIANA). The bill would make it a federal crime for anyone other than a parent to accompany a minor across state lines for abortion services. It also imposes an impossibly complex patchwork of parental-involvement laws on women and doctors across the country. Pro-choice committee members offered a total of 15 amendments; unsurprisingly, all were defeated. Anti-choice legislators also tried to attach CIANA to the Violence Against Women Act as an amendment in May; thankfully, they were unsuccessful. The legislation has garnered more than 170 cosponsors in the 112th Congress, over one-third of all House members.
2012 Notable Developments
In November, voters in Montana passed a referendum by 71- 29 percent that requires physicians to give 48 hours notice to a young woman’s parent before she can obtain abortion services, with no exception for rape or incest.
In Montana, this type of law already has been declared unconstitutional. In 1999, a Montana court found that the state’s parental-notification law violated two different sections of the Montana Constitution. Several pro-choice groups with litigation operations have indicated they will fight the newly passed measure.
View a map of all states with Restrictions on Young Women's Access to Abortion.