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 Pennsylvania, parental involvement laws require that at least one parent or guardian give consent before a minor can obtain an abortion. This means that the healthcare provider must obtain written consent from the parent or guardian at least 24 hours before the procedure. Pennsylvania law also includes a judicial bypass option, which allows a minor to petition a court for permission to have an abortion without parental consent if they can demonstrate maturity or if involving a parent would not be in their best interest. The court must use the 'clear and convincing evidence' standard to determine whether the minor is mature enough to make this decision. Additionally, Pennsylvania does not have a specific provision allowing other adult relatives to consent in place of a parent, nor does it require government-issued identification or proof of parenthood for the consenting parent. However, in cases of medical emergency, the requirement for parental consent may be waived to protect the health of the minor.