Parental Involvement Laws
Parental involvement laws require a minor to obtain the consent of or notify one or both parents prior to an abortion. The only way parental consent can be waived is if a young woman goes to family court, pleads her case, and the judge waives the requirement, of if her life is in immediate danger. Virginia law restricts young women's access to abortion. Is the law enforceable? Yes. Who is considered a minor? A young woman under the age of 18 who has never been married, is not a member of the armed services, and is not otherwise emancipated. What is required - parental consent or parental notice? Both consent and notice. Who must provide consent and have knowledge? One parent. Are there other trusted adults who may provide consent and have knowledge instead? Yes, an "authorized person," including a parent, legal guardian, or another adult including a grandparent or adult sibling, with whom the young woman resides and who has care and control of her. What is the process for obtaining consent and providing notice? A young woman may not obtain an abortion until at least 24 hours actual notice has been given in person or by telephone by the attending physician to an authorized person and the physician has obtained notarized written consent from such authorized person. If actual notice is not possible after a reasonable effort and constructive notice is given by certified mail, such notice must be mailed at least 72 hours prior to the abortion. May the parental mandate be waived if a young woman is a victim of rape or incest? Yes, but only in limited circumstances. An unlawful sexual act must have been committed, or allowed to have been committed, by a parent or another person responsible for the minor's care. The physician must have reason to believe the minor's declaration regarding the sexual abuse and must report it to the local or state department of social services. May the parental mandate be waived if a young woman is a victim of child abuse? Yes, if the physician has reason to believe the minor's declaration that she is an abused or neglected child and reports the suspected abuse to the local or state department of social services. May the parental mandate be waived if a young woman's health is threatened? Yes, but only if the attending physician certifies in writing that 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 "a 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? The young woman must secure a court order stating either that the minor is mature enough and well enough informed to make her decision independent of the wishes of an authorized adult, or that an abortion is in her best interests. However, once a judge authorizes an abortion based on a finding that it is in her best interests, the attending physician must notify the young woman's authorized person of the intent to perform an abortion, unless such notice is not in the young woman's best interests. The judge must find that notice is not in the best interests of the young woman, if one or more authorized persons with whom she resides is abusive or neglectful, or that every other authorized person is either abusive or neglectful or has refused to accept responsibility for her. Why We Oppose Parental Involvement Laws: Government cannot mandate healthy family communication. A majority of minors who have abortions do so with at least one of their parent’s knowledge. Based on a national study, 61% of young women voluntarily notified at least one parent when seeking an abortion; those who do not are often the victims of sexual abuse, incest or domestic violence. A governmental mandate cannot give a young woman the courage to inform a judge or anyone else of the situation if she feels it could lead to more abuse. Mandatory parental involvement laws endanger young women's health. Parental consent and notification has increased the number of dangerous second trimester and illegal abortions by deterring pregnant teens from seeking a safe, timely abortion. Requiring the parents, parent, or legal guardian of a young woman to be informed in writing prior to the procedure being performed delays her access to the procedure and increases the risks involved. For example, after a parental notification law was passed in Minnesota, second trimester abortions increased by 27%. After the first eight weeks of pregnancy, the risk of major complications from abortion increases 15-30% with each week of delay. The American Medical Association opposes parental consent laws. The AMA recognizes that the desire to maintain secrecy has been one of the leading reasons for illegal abortion deaths since the U.S. Supreme Court recognized the constitutional right to abortion in 1973. Further, according to the AMA, some minors may be physically or emotionally harmed if required to involve a parent in the abortion decision. Parental involvement laws do not reduce the rate of unwanted teen pregnancies, nor do they deter determined young women from seeking abortions. Over 1 million teens become pregnant unintentionally each year in this country. We should be addressing the root of the problem by providing teens with responsible sex education and information about contraceptives.
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