Parental involvement laws are classified into compulsory parental notification, and compulsory parental consent before a teenager below the age of 18 seeks abortion services. However, a Supreme Court ruling prevents states from giving parents absolute veto power over a teenager’s decision to have an abortion. From July 1 st, 2020, a new law went into effect in Florida (Wurth, 2020). Florida now requires that any minor considering to seek abortion services has to first have consent from a parent or a legal guardian. It dictates that a physician has to give notice to the parent or legal guardian directly, in person, or by telephone, at least 48hours before the performance of termination of pregnancy, and the communication has to be documented in the minor’s files (Wurth, 2020). The parents have to consent by signing specific forms provided by the health provider, which have to be notarized. The state also has an alternative to parental consent that allows young people less than 18 years to go through the judicial bypass. In that process, they have to prove to a judge that they are mature enough to make such a life-changing decision without the interference of their guardians or that their parent’s involvement is not in their best interests. It also requires parents to provide government-issued identification to the provider or seek notarized consent documentation to confirm giving consent.
Impact on the Patient/Minor
There is substantial disagreement on how the parental notification laws affect minors. Proponents of the law argue that the rules encourage higher abstinence rates from sex or even safe sex, therefore, reducing the number of unintended teenage pregnancies (Myers & Ladd, 2017). The opponents are against that argument because the demand for sex is inelastic and is not directly influenced by abortion policies. The laws might succeed in reducing the number of abortions but increase births to teens. Most studies that have looked into the effect of the regulations on teenage pregnancies have not depicted a definitive reduction of the pregnancy rates (Dennis et al., 2009).
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Although most teens consult their parents before seeking any abortion services, some live in dysfunctional family environments that do not facilitate productive communications. Forcing the young people to involve their parents puts their safety at risk. One out of five pregnant minors have a history of physical abuse in their household, and thirty percent of teens do not involve their parents in the decision to terminate pregnancy out of the fear of being physically abused or being forced out of their parent’s home (“Abortion and Parental Involvement Laws - Advocates for Youth,” 2019). The parental consent laws also disproportionately affect migrant youth and their parents who do not have proper document. Those with undocumented parents cannot access abortion services as they fear immigration enforcement, while those whose parents are in custody are unaccompanied. The state of Florida requires notarized consent documentation from the provider, which makes it hard for undocumented minors to choose abortion. Also, these laws are more likely to affect young women of color who have a higher chance of experiencing unintended pregnancies as minors compared to other racial demographics (“Abortion and Parental Involvement Laws - Advocates for Youth,” 2019). These barriers are in contravention to the right to access confidential reproductive healthcare for everyone.
The judicial bypass is an unreasonable alternative as most teenagers do not know about it or have very little knowledge. They also do not have the necessary financial resources to transport to courts and legal services (“Abortion and Parental Involvement Laws - Advocates for Youth,” 2019). Some judges deny or are resistant to bypass due to their personal beliefs. By the time the judicial bypass process is over, the teenager has already faced delay while the courts decide her fate.
Impact on the Healthcare Provider/Product Developer
Medical experts are against the parental consent and notification laws as it contradicts confidentiality laws. They argue that minor’s access to contraception and STI services should be confidential. According to several studies, adolescents avoid seeking reproductive a health care services if there is a chance that their parents will found out (“Abortion and Parental Involvement Laws - Advocates for Youth,” 2019). The law contradicts the constitutional right to privacy for young people concerning sexual and reproductive health services. The law also puts the healthcare providers in a fix as they have to inform parents or the legal guardian, or they will have to serve a jail sentence or be penalized according to the state laws (Eisenberg et al., 2005). Although health care practitioners encourage the youth to inform their parents in major healthcare decisions, numerous medical institutions conclude that the health risks to adolescents are so compelling when numerous legal barriers are placed. However, healthcare providers may want to involve the parent because the minor might not have the financial capacity to pay for the services.
Impact on the Parent
Although parents are a major stakeholder in the laws governing parental notification, few studies have examined parent’s views and how they are affected. Most parents want to be involved in providing their children with adult wisdom, emotional and financial support when making major healthcare decisions (Committee on Adolescence, 2017). Several parents support the notification laws because they anticipate that the notification will increase family communication. However, some parents, aware of the negative consequences that their involvement might have on the family, are less likely to support parental involvement laws. The adolescents are able to predict their parent’s reaction accurately and may end up leading to a family crisis due to parental anger or disappointment.
References
Abortion and parental involvement Laws - Advocates for Youth . Advocates for Youth. (2019). Retrieved 25 April 2021, from https://www.advocatesforyouth.org/resources/fact-sheets/abortion-and-parental-involvement-laws/ .
Commitee on Adolescence. (2017). The Adolescent’s right to confidential care when considering abortion. Pediatrics , 139 (2), e20163861. https://doi.org/10.1542/peds.2016-3861
Dennis, A., Henshaw, S., Joyce, T., Finer, L., & Blanchard, K. (2009). The impact of laws requiring parental involvement for abortion: A literature review . New York: Guttmacher Institute.
Eisenberg, M., Swain, C., Bearinger, L., Sieving, R., & Resnick, M. (2005). Parental notification laws for minors’ access to contraception. Archives Of Pediatrics & Adolescent Medicine , 159 (2). https://doi.org/10.1001/archpedi.159.2.120
Myers, C., & Ladd, D. (2017). Did parental involvement laws grow teeth? The effects of state restrictions on minors' access to abortion . Bonn, Germany: Institute of Labor Economics.
Wurth, M. (2020). Florida imposes forced parental consent for abortion . Human Rights Watch. Retrieved 25 April 2021, from https://www.hrw.org/news/2020/07/01/florida-imposes-forced-parental-consent-abortion .
