Monday, January 30, 2012

Minor Abortion: Parental Notification or Consent?

Minor Abortion: Parental Notification or Consent?
Holly Seymour, Public Administration (R51-S12C)
When it comes to our children, we want to know; no, we have the right to know, what happens to them. This holds true especially when speaking of medical procedures. Abortion is quite an intrusive medical procedure, wouldn’t you say?
The dispute here lies with the laws governing parental notification of minors’ abortions, not so much with the parental permission of these abortions. Currently, there are 37 states that have requirements for at least one parent’s involvement when a minor is seeking an abortion. Of these 37 states, 11 require only notification; the other 26 states require notification of one, or both, parents plus parental consent. (Guttmacher Institute, 2012) So what of the remaining 13 states? They have no policies in effect, thus allowing these children to proceed with an abortion with the parents possibly never knowing.  Two variations here are Delaware and South Carolina.   While Delaware is a notification only state, this only applies to minors under the age of 16.  South Carolina, a consent requirement state, makes this requirement only of minors under the age of 17.
Often times, minors seeking abortion have been threatened by their parents or fear the repercussions that their parents may impose.  A young person faced with these threats and fears may not know that there are other options available to them.  Imagine being a young, pregnant teenager, that has been threatened with being thrown out of the only home ever known. Believing there is nowhere else to go and knowing that there will be a baby to take care of too.  Is there another option?  Some parents threaten their pregnant children with violence or even death.  These types of scenarios, as unbelievable as they may be, are why 36 states have judicial bypass provisions in effect.  Still 6 other states make allowances for another adult relative to weigh in on the decision.
Some minors living in states that require parental consent feel that they are left with no other choice than to travel to another state close by that allows minors’ abortions to be performed without parental involvement of any kind.  The Senate passed a bill in 2006 making it a crime for anyone to transport a minor over state lines to have an abortion.  Democrats opposed the bill, suggesting that these minors may have no other recourse than to rely on someone, other than a parent, to provide them with assistance; these people may be discouraged to help out of fear of the legal ramifications.  The Republicans countered, indicating that the judicial bypass procedures would provide a “work around” for situations where the minor cannot obtain parental consent.
There are steps that can be implemented, beginning at a very early age that may assist in curbing the pregnancy rates amongst minors.  Government agencies may provide parents with methods and education on how to discuss sex education with their children at age appropriate levels.  Sex education has been taught in schools since 1981, but with a foundation of abstinence.  Although abstinence is the only 100% effective method of preventing pregnancy, it is not practical to focus on it solely.  Children should be taught about the physical and emotional traumas that child birth and abortion can cause.  Realistic scenarios should be presented to children depicting the difficulties that can be experienced; children having children should not be glorified.  Sex education should not be looked at as a condoning gesture but as a preventative practice. 
Government is faced with the most trying duty; to enact the laws and policies expected to address the parental involvement topic.  Government must have the ability to acknowledge the rights of the pregnant minors while not infringing on the rights of the parents of these minors.  While every person should maintain the right to make decisions that will affect their lives, parents hold a responsibility to guide their children and sometimes make decisions for them.  There does come an age of understanding though; a time when a person can make life decisions for oneself.  The final decision should rest with the person carrying the child, the one whose life will be affected most by the decision made.  However, that person, still being a child too, has parents that have a responsibility and their rights as such should also be respected. 
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3 comments:

  1. That's a tough topic to discuss! I would always err on the side of parental rights of minors. I totally agree that the decision should be made by the one who is most affected by it, such as the minor. However, is the minor in the best state of mind to make that decision without some kind of parental consent or permission?

    For the same reasons minors can't make a lot of adult decisions according to law, I would also say abortion should follow the same path-- that parents should have a controlling interest with how a minor is to go about abortion.

    Maybe it is not practical to get both parents involved, but a least one of them, or a guardian should, at a minimum be notified. I would still like to see notification and consent by at least one authoritative figure over the minor.

    In any case, I don't think there is any real easy way around this problem. Its a tough call for anyone involved in making these kinds of policies. Maybe it comes down to a special circumstance in which the minor should be the controlling party in making any decisions over abortion. One of probably the only independent decision or circumstance that could be made outside of parental or guardian consent.

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  2. I think abortion is a private matter. I don't think we have the right to make that decision for someone else. I agree the one carry the baby has to make the final decision. I think when someone is considering abortion that counseling about all their options should be available to them.
    As far as parental consent I think there again we are letting someone else make the decision. Most young adults don't dare to ask their parents to get on birth control let alone to have an abortion.

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  3. I think that parents should have to give consent for the abortion procedure. A minor cannot walk into a hospital and get any other invasive surgery with such potentially life altering consequences, both physically and emotionally, without the consent of their parent. I do not understand why abortion should be any different. The minor has already showed that they do not have the best judgment by being in the situation of having to get an abortion in the first place.

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