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COPYRIGHT 1992 The Alan Guttmacher Institute
To clarify the issues surrounding parental involvement for abortion, the AGI examined the state statutes that affect the right of an unmarried or otherwise unemancipated minor to obtain certain types of medical care. These are contraceptive services; prenatal care and delivery services; the diagnosis of and treatment for an STD, or venereal disease (VD), and human immunodeficiency virus (HIV) infection; treatment for drug and alcohol abuse; treatment for emotional problems; general medical and surgical care in nonemergency situations; and abortion services. The AGI also reviewed laws dealing with other areas in which a young person might have to make important or life-changing decisions--namely, dropping out of school, getting married, consenting to any medical care that a child might need and placing a child for adoption. The review involved analysis of two types of laws: statutes that might authorize a minor to make independent decisions in any of these areas, and statutes requiring parental involvement. Th e laws that were examined generally affect both boys and girls; the exceptions are those dealing with reproductive health services (in which states have traditionally been more restrictive than they have in other aspects of health care for minors) and those applying to a minor parent's decisions on behalf of a child. In these two areas, a teenage girl is probably more affected than a teenage boy.
Where the state has no law, there may have been relevant federal or state court decisions (or opinions of state attorneys general) that affect whether or not a minor can make confidential decisions without consulting or gaining permission from his or her parents. For example, under the Supreme Court rulings recognizing that minors have a fundamental constitutional right to privacy, (36) there is a presumption that a minor may make her own decision about abortion, unless the state has enacted a law that specifically requires parental consent or notification (and provides for a confidential alternative to parental involvement). Even when there are no relevant statutes or case law, physicians may commonly provide medical care to a mature minor without parental consent, particularly if state law authorizes a minor to consent to related services.
We summarize the major findings of the review of state laws in the next sections. More detailed information about the specific laws of each state and of the District of Columbia is presented in Appendix Table 1; the text of the appendix contains a description of the methodology used to collect this information.
Medical Decisions
The findings of the AGI review suggest that states understand that confidentiality is a critical factor if young people are to be encouraged to seek treatment for sensitive health problems. As Table 1 indicates, most states have laws authorizing a teenager to consent to medical treatment for STDs and substance abuse. About half have authorized a minor to consent to contraceptive services and prenatal care and delivery services. Moreover, no state mandates parental involvement for any of these services. In addition, more than one-third of the states have statutes that authorize a minor to consent to general medical and surgical care, at least under some circumstances.
Contraceptive Service
By law, a minor in 24 states and the District of Columbia may give informed consent to contraceptive services. These services might include the provision of...
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