Teenage Abortions: The Laws, Impact and Consequences

It is ironic that while a teenage girl must obtain parental consent for something as trivial as having her ears pierced, she can make the momentous decision to terminate her pregnancy without any such notification. If a teenager is deemed too immature to enroll in a school of her choice without a parent's signature, how can society expect her to independently decide on an issue as serious as abortion?

The Discrepancy in Legal Requirements

Furthermore, it is strikingly ironic that the same parents who would be legally obligated to provide financial and medical assistance if an abortion leads to complications, such as paralysis or coma, are not required to be informed about their child's decision to undergo the procedure. These parents could also face financial responsibilities if the minor chooses to carry the pregnancy to term. Thus, it is only reasonable to argue that parental consent or notification should be mandated for abortions involving minors.

The Psychological and Physical Risks of Abortion

Research indicates that the effects of abortion on adolescents can be more severe than on adults (Gillham, 1997). The risks associated with abortion procedures are significant; complications occur in one out of four adult abortions, and this risk escalates to one in three for adolescents. Additionally, while 2 to 5 percent of abortions may result in sterility, this statistic could be devastating for a young teenager, affecting her future relationships and plans for marriage (Gillham). Therefore, it is not unreasonable to suggest that parents should be involved in discussions surrounding such life-altering decisions to protect their children from potential harm.

Complications and Mental Health Effects

Contrary to popular belief, there is no such thing as a completely safe abortion. Research has identified approximately 258 possible complications that can arise from an induced abortion, including hemorrhage, shock, brain damage, and septicemia (Gall, 1992). A study conducted by the School of Social Welfare at the University of California found that adolescents often experience profound psychological effects following an abortion, such as severe depression, crying spells, social withdrawal, and even suicidal thoughts (SSWUC, 1995). No parent would want to see their daughter suffering from such mental distress.

Financial Implications for Parents

Parents inevitably face financial repercussions related to their minor child's abortion. For instance, if a minor undergoes an illegal abortion without parental knowledge and later experiences complications requiring medical attention, the parents are left to deal with the hospital bills while being kept in the dark about the situation. Given that parents are held responsible for the financial obligations that arise from their child's decisions, it is only fair that they be notified when a significant decision such as an abortion is being made. The Pennsylvania Abortion Control Act of 1982 stipulates that a minor must obtain informed consent from at least one parent before proceeding with an abortion, while also allowing for a judicial bypass if consent cannot be obtained (Tatalovich, 1997).

The Legal and Ethical Responsibility of Parents

Parents have both a moral and legal obligation to be involved in their minor child's life, particularly regarding serious matters like abortion. In California, for instance, a "child" is defined as anyone under the age of 18 (CPC, 1995). Any caregiver who willfully endangers a child's health, as outlined in Section 11165.3 of the California Penal Code, is considered to be neglecting that child (CPC, 1998). Given that parents can be held liable for various situations, it is crucial that they also be consulted regarding their child's abortion decision.

State Laws Regarding Parental Consent

Teenagers are subject to state laws, and in 25 states, minors cannot seek an abortion without parental consent. While adult women have the protection of liberal legislation in seeking an abortion, minors are often left vulnerable to moral condemnation and even harassment. The U.S. Supreme Court ruled in Roe v. Wade (1973) that abortion is a constitutional right, yet the question of parental consent for minors remains contentious.

Historical Context of Parental Consent Laws

The issue of whether minors need parental consent for an abortion reached the Supreme Court early after Roe. In 1976, in Planned Parenthood of Central Missouri v. Danforth, the Court ruled that laws requiring parental consent were unconstitutional as they gave parents arbitrary veto power over a minor's decision. However, the Court did suggest that states could impose parental consent requirements for minors deemed too immature to make such decisions.

Subsequent Supreme Court Decisions

In 1979, the case of Bellotti v. Baird affirmed that states could generally require parental consent as long as they provide a mechanism for minors to seek a judicial waiver. The judge must grant this waiver if the minor is mature enough to make the decision independently or if the abortion is in the minor's best interest. In 1990, Hodgson v. Minnesota extended this rationale to laws requiring notification of both parents, ruling that states could not impose such requirements without providing an alternative for mature minors seeking an abortion.

Concerns About Notification Laws

Opponents of notification laws argue that these regulations can prevent minors from obtaining necessary abortions, as they may fear parental involvement. Delays in seeking an abortion can lead to increased risks and complications. More than thirty states have enacted laws requiring parental consent or notification, with approximately twenty-two of these states allowing for a waiver mechanism for mature minors (Tatalovich, 1997).

Trends in Teenage Abortions

Despite more restrictive laws, the number of teenage abortions has declined since 1980. According to the 1994 report "Sex and America's Teenagers," fewer teens are becoming pregnant, and among those who are, fewer are opting for abortions (Alan Guttmacher Institute, 1994). In 1992, around 308,000 teen abortions were performed in the U.S., accounting for nearly 40% of teenage pregnancies. Notably, 61% of these abortions occurred with at least one parent's knowledge, and informed parents largely supported their daughters' decisions to proceed with the procedure (PPFA, 1992).

Conclusion

The complexities surrounding teenage abortions necessitate thoughtful consideration of parental involvement. While minors may seek autonomy, the implications of such significant decisions warrant parental consent or at least notification to ensure their well-being and to foster responsible decision-making.

References

1. Gillham, R. (1997). The Effects of Abortion on Adolescents.
2. Gall, S. (1992). Physical Complications from Induced Abortion.
3. SSWUC. (1995). Psychological Effects of Induced Abortions on Adolescents.
4. Tatalovich, R. (1997). Abortion Legislation and Parental Consent.
5. Alan Guttmacher Institute. (1994). Sex and America's Teenagers.
6. Planned Parenthood Federation of America (PPFA). (1992). Teenagers, Abortion, and Government Intrusion Laws.
7. California Penal Code (CPC). (1995). Definition of a Child.
8. California Penal Code (CPC). (1998). Child Neglect Laws.