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Introduction: The Conflict.(teenage abortion and politics)(Brief Article)

Our Daughters' Decisions: The Conflict in State Law on Abortion and Other Issues

| January 01, 1992 | COPYRIGHT 1992 Guttmacher Institute. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

The idea that parents should be closely involved in a teenager's decision regarding whether to have an abortion strikes a responsive chord in most American adults. Indeed, opinion polls indicate that large majorities of the public approve of laws requiring parental involvement in such a decision. (1) Parental involvement statutes either require that parents give their consent before their daughter can obtain an abortion or stipulate that parents be informed before the procedure that their daughter has decided to terminate an unwanted pregnancy.

The reasons for the widespread public approval of parental involvement laws have not been fully examined, but they are not hard to understand. They likely are based on rather common assumptions: that parents have a right to guide and protect their child, and will usually act in their child's best interests; and that a teenager needs her parents' guidance and support as she moves through the turbulent years of adolescence, especially if she is faced with a stressful event like an unwanted pregnancy. (2) Some parents may also believe that their legal and financial responsibility for their child legitimately gives them the right to a certain degree of control over their child's actions, especially in such an important area of behavior as sexual activity and childbearing.

Since 1973, when the U.S. Supreme Court legalized abortion, (3) the question of whether states should mandate parental involvement in a minor's decision to terminate a pregnancy has been the subject of intense public debate. Hundreds of proposals to require parental consent or notification have been introduced in state legislatures throughout the country; of these proposals, 67 have become law in 31 states (although the courts have subsequently struck down most of these statutes, holding them to be unconstitutional). (4) On the other hand, since 1989, legislatures in at least 16 states have either defeated or failed to take action on proposals to require parental involvement in the abortion decision. (5) Moreover, the only time the issue of mandatory parental involvement was put directly before the voters--in a 1990 referendum on parental notification in Oregon--it was rejected.

To shed light on the continuing debate over whether states should require parents to be involved in their daughter's decision about abortion. The Alan Guttmacher Institute (AGI) has examined state laws that relate to the ability of adolescents to make their own decisions about abortion and other issues. The examination sought to answer questions in three areas:

* To what extent can a minor, without a parent's consent or knowledge, obtain medical care for pregnancy, birth control, sexually transmitted diseases (STDs) and other sensitive health problems?

* Can a minor, without the involvement of her parents, make independent decisions in other important areas of her life, such as the decision to drop out of school before the 12th grade, the decision to get married and, if she already ...

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Source: HighBeam Research, Introduction: The Conflict.(teenage abortion and politics)(Brief...

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