The first major case involving parental involvement legislation was decided in 1976 in Planned Parenthood of Central Missouri v. These regulations are but one example of the detailed fabric of abortion legislation and regulation that has evolved since the Supreme Court's decision to legalize abortion in its 1973 Roe v. And third, they allow minors to acquire a judicial bypass if consent cannot be acquired.
Second, they require, at minimum, that minors notify their parents before an abortion is performed, and in some cases consent from the parents. First, they are binding on minors, not adults. Parental involvement laws have three basic features.
Casey (1992), spousal notification laws place an "undue burden" on a woman's ability to get an abortion, whereas parental involvement laws do not. Or, to use the language of Planned Parenthood of Southeastern Pennsylvania v. Requiring spousal involvement before a woman can acquire an abortion has been interpreted as falling on the unconstitutional side of that threshold, while parental involvement has been interpreted as falling on the constitutional side. But there is a threshold beyond which the increased difficulties become unconstitutional. The Court ruled, in essence, that parental involvement laws (and all other abortion regulation) can legally make it more difficult for a female to acquire an abortion. Parental involvement laws played a key role in forcing the Court to clarify its position on abortion regulation. In Massachusetts and Delaware the law only applies to minors under 16, and in South Carolina to minors under 17. 37 states require parental involvement in a minor's decision to have an abortion (21 states require parental consent only, 3 of which require both parents to consent 11 states require parental notification only, 1 of which requires that both parents be notified 5 states require both parental consent and notification 8 states require the parental consent documentation to be notarized). In the United States, most states typically require one of two types of parental involvement– consent or notification, or both. Parental consent law currently enjoined 1 Delaware's parental notification law only applies to minors under the age of 16Ģ Massachusetts' parental consent law only applies to minors under the age of 16 South Carolina's parental consent law only applies to minors under the age of 17
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