Parental notification or consent laws—also known as parental involvement laws—govern a minor child’s ability to have an abortion procedure. These parental notification or parental involvement laws vary from state to state.
Most states require parental involvement in a minor child’s decision to have an abortion. Most of these states require the consent or notification of only one parent—usually within 24-48 hours before the procedure—but some states require the involvement of both parents.
Some states require the minor and a parent to provide government-issued identification to the abortion provider or to provide such identification as part of notarizing the parental consent form. In a few states, the parent must also provide proof of parenthood.
And several states allow grandparents or other adult relatives to be involved in place of the minor child’s parents, and many waive parental involvement requirements if there is a medical emergency or the young person is the victim of abuse or neglect.
Because the U.S. Supreme Court has ruled that states may not give parents an absolute veto over their child's decision to have an abortion, most state parental involvement laws include a judicial bypass procedure that allows a minor child to receive court approval for an abortion without their parents’ knowledge or consent.
Some states require judges to use specific criteria when determining whether to grant a waiver of parental involvement. These criteria may include the minor’s intelligence, emotional stability, and understanding of the potential consequences of obtaining an abortion.
Many states require a judge to use the strict legal standard of “clear and convincing evidence” to determine whether a minor is sufficiently mature and the abortion is in the minor child’s best interest before waiving the parental involvement requirement.
In California, the current regulation regarding parental notification or consent for a minor's abortion is relatively permissive compared to some other states. California does not require parental consent or notification for a minor to obtain an abortion. This means that minors in California can make the decision to have an abortion without the involvement of a parent or guardian. The state's approach aligns with the recognition of minors' privacy rights in reproductive health care decisions. However, it's important to note that while California law does not mandate parental involvement, other states have varying requirements, including parental consent or notification, government-issued identification requirements, and proof of parenthood. In states with such laws, judicial bypass procedures are typically available to allow minors to obtain an abortion if parental involvement is not in their best interest or if it's not feasible, ensuring compliance with the U.S. Supreme Court's ruling that states cannot give parents an absolute veto over a child's decision to have an abortion.