Minors Rights, Consent To Contraception, Abortion Law
GUTTMACHER INSTITUTE
STATE POLICIES IN BRIEF As of
JANUARY 1, 2010
An Overview of Minors’ Consent Law
BACKGROUND: The legal ability of minors to consent to a range of sensitive health care services—including sexual
and reproductive health care, mental health services and alcohol and drug abuse treatment—has expanded dramatically
over the past 30 years. This trend reflects the recognition that, while parental involvement in minors’ health care decisions
is desirable, many minors will not avail themselves of important services if they are forced to involve their parents. With
regard to sexual and reproductive health care, many states explicitly permit all or some minors to obtain contraceptive,
prenatal and STI services without parental involvement. Moreover, nearly every state permits minor parents to make
important decisions on their own regarding their children. In sharp contrast, the majority of states require parental
involvement in a minor’s abortion.
In most cases, state consent laws apply to all minors age 12 and older. In some cases, however, states allow only certain
groups of minors—such as those who are married, pregnant or already parents—to consent. Several states have no
relevant policy or case law; in these states, physicians commonly provide medical care without parental consent to minors
they deem mature, particularly if the state allows minors to consent to related services. The following chart contains seven
categories of state law that affect a minor’s right to consent. Further information on these issues can be obtained by
clicking on the column headings.
HIGHLIGHTS:
Contraceptive Services: 26 states and the District of Columbia allow all minors (12 and older) to consent to
contraceptive services. 21 states allow only certain categories of minors to consent to contraceptive services. 4 states
have no relevant policy or case law.
STI Services: All states and the District of Columbia allow all minors to consent to STI services. 18 of these states
allow, but do not require, a physician to inform a minor’s parents that he or she is seeking or receiving STI services
when the doctor deems it in the minor’s best interests.
Prenatal Care: 32 states and the District of Columbia explicitly allow all minors to consent to prenatal care. Another
state allows a minor to consent to prenatal care during the 1st trimester; requires parental consent for most care during
the 2nd and 3rd trimesters. 13 of these states allow, but do not require, a physician to inform parents that their minor
daughter is seeking or receiving prenatal care when the doctor deems it in the minor’s best interests. 4 additional states
allow a minor who can be considered “mature” to consent. 13 states have no relevant policy or case law.
Adoption: 28 states and the District of Columbia allow all minor parents to choose to place their child for adoption. In
addition, 5 states require the involvement of a parent and 5 states require the involvement of legal counsel. The
remaining 12 states have no relevant policy or case law.
Medical Care for a Child: 30 states and the District of Columbia allow all minor parents to consent to medical care for
their child. The remaining 20 states have no relevant explicit policy or case law.
Abortion: 3 states and the District of Columbia explicitly allow all minors to consent to abortion services. 22 states
require that at least one parent consent to a minor’s abortion, while 11 states require prior notification of at least one
parent. 4 states require both notification of and consent from a parent prior to a minor’s abortion. 7 additional states
have parental involvement laws that are temporarily or permanently enjoined. 6 states have no relevant policy or case
law.
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CONTINUED
MINORS MAY CONSENT TO:
STATE
CONTRACEPTIVE
STI
PRENATAL
ADOPTION
MEDICAL CARE
ABORTION SERVICES
SERVICES
SERVICES
CARE
FOR MINOR’S
CHILD
Alabama
All†
All* All
All
All
Parental
Consent
Alaska
All
All
All
All
▼(Parental Consent)
Arizona All
All
All
Parental
Consent
Arkansas
All
All*
All
All
Parental Consent
California All
All
All
All
▼ (Parental Consent)
Colorado
All
All
All
All
All
Parental Notice
Connecticut Some All
Legal
counsel
All
All
Delaware
All*
All*
All*
All
All
Parental Notice‡
Dist. of Columbia
All All
All All All
All
Florida
Some
All
All
All
Parental Notice
Georgia All
All* All
All
All
Parental
Notice
Hawaii
All*,†
All*,†
All*,†
All
Idaho All
All† All
All
All
Parental
Consent
Illinois
Some
All*
All
All
All
Parental Notice
Indiana Some
All
All Parental
Consent
Iowa
All
All
Parental Notice
Kansas Some
All* Some
All
All
Parental
Notice
Kentucky
All*
All*
All*
Legal counsel
All
Parental Consent
Louisiana Some
All*
Parental
consent
All Parental
Consent
Maine
Some
All*
All
Maryland
All*
All*
All* All
All
All
Massachusetts
All
All
All
All
Parental Consent
Michigan Some
All*
All* Parental
consent
All Parental
Consent
Minnesota
All*
All*
All*
Parental consent
All
Parental Notice
Mississippi Some
All
All
All All Parental
Consent
Missouri
Some
All*
All*
Legal counsel
All
Parental Consent
Montana
All*
All*
All* Legal
counsel
All
▼ (Parental Notice)
Nebraska
Some
All
Parental Notice
Nevada Some
All
Some
All
All
▼ (Parental Notice)
New Hampshire
Some
All†
Some
AllΩ
New Jersey
Some
All* All* All
All
New Mexico
All
All
All
All
▼ (Parental Consent)
New York
All
All
All
All
All
North Carolina
All
All
All
Parental Consent
North Dakota
All*,†
ξ* All
Parental
Consent
Ohio
All
All
Parental Consent
Oklahoma Some
All*
All*
All†
All
Parental Consent and Notice
Oregon
All*
All
All*,Ф
Pennsylvania
All†
All
All
Parental notice
All
Parental Consent
Rhode Island
All
Parental consent
All
Parental Consent
South Carolina
All◊
All◊
All◊ All
All
Parental
Consent
South Dakota
Some
All
Parental Notice
Tennessee All
All
All
All All Parental
Consent
Texas
Some
All*
All*
Parental Consent and Notice
Utah
Some
All
All
All
All
Parental Consent and Notice
Vermont
Some
All
All
Virginia All
All
All
All All Parental
Consent
Washington
All
All†
All
Legal counsel
West Virginia
Some
All
Some
All
Parental Notice
Wisconsin
All
Parental Consent
Wyoming
All
All
All
Parental Consent and Notice
TOTAL
26+DC
50+DC
32+DC
28+DC
30+DC
3+DC
▼ Enforcement permanently or temporarily enjoined by a court order; policy not in effect.
Notes: “All” applies to minors 12 and older unless otherwise noted. “Some” applies to specified categories of minors (those who have a health
issue, or are married, pregnant, mature, etc.) The totals include only those states that allow all minors to consent.
* Physicians may, but are not required to, inform the minor’s parents.
† Applies to minors 14 and older.
‡ Applies to minors younger than 17.
Ω A court may require parental consent.
ξ A minor may consent to prenatal care during the 1st trimester and for the first visit after the 1st trimester. Parental consent is required for all
other visits during the 2nd and 3rd trimesters.
Ф Applies to minors 15 and older.
◊ Applies to mature minors 15 and younger and to minors 16 and older.
The State Policy in Brief series is made possible in part by support from The John Merck Fund.
GUTTMACHER INSTITUTE
JANUARY 1, 2010
