Abortion: Parental Consent & Notification by State
Parental involvement laws require young women to obtain the consent of or notify one or both parents in order to obtain an abortion, forcing those who are unable to comply with the requirements to delay obtaining appropriate medical care. Forty-three states have adopted some form of parental involvement law, but in six of those states, the laws are currently enjoined or not enforced. Most of the statutes include an exception for medical emergencies, and provide for a judicial bypass procedure through which a young woman can seek court approval to obtain an abortion in lieu of parental involvement. State statutes vary widely on whether requirements can be waived in cases of abuse, neglect, rape, or incest.
For a more thorough discussion of parental involvement laws, please see: Parental Involvement Laws.
Parental Involvement Laws by StateThe map below indicates for each state whether or not a parental involvement law is in effect. The chart that follows includes more information about each state’s parental involvement requirements.
Contact the Center for Reproductive Rights for more information on a particular state’s law.
Last Updated February 15, 2011
Alabama | Consent of one parent required. Judicial bypass option available. |
Alaska | Notification to or consent of one parent required. |
Arizona | Consent of one parent required. Judicial bypass option available. Waiver if minor certifies that pregnancy resulted from incest. |
Arkansas | Consent of one parent required. Judicial bypass option available. Waiver if minor certifies that only living parent sexually abused, raped, or committed incest with her. Waiver if whereabouts of both parents unknown. |
California | Parental consent law permanently enjoined. |
Colorado | Notice to both parents required—or one parent at minor’s request if parents live separately. Notice can be to a grandparent or adult aunt or uncle if minor lives with that relative and not with a parent. Judicial bypass option available. Waiver if minor certifies she is victim of child abuse or neglect. |
Connecticut | No parental involvement law. |
Delaware | Notice to one parent, grandparent, or licensed mental health professional required. Judicial bypass option available. Applies to minors under 16. |
Florida | Notice to one parent required. Judicial bypass option available. |
Georgia | Notice to one parent required. Judicial bypass option available. |
Hawaii | No parental involvement law. |
Idaho | Consent of one parent required. Judicial bypass option available. Waiver if minor certifies pregnancy resulted from rape or incest. |
Illinois | Parental notification law enjoined. |
Indiana | Consent of one parent required. Judicial bypass option available and can be initiated by either minor or physician. |
Iowa | Notice to one parent required. Notice may be to grandparent if reason given to physician, but grandparent may be subject to civil action upon acceptance and may refuse notice. Judicial bypass option available. Waiver if: minor is a victim of reported sexual abuse, minor is a victim of child abuse and either the abuse is reported or a parent is named in a report of founded child abuse. |
Kansas | Notice to one parent required. Judicial bypass option available. Waiver if minor certifies that pregnancy resulted from incest with a person entitled to notice. |
Kentucky | Consent of one parent required. Judicial bypass option available. |
Louisiana | Consent of one parent required. Judicial bypass option available. |
Maine | Consent of one parent or adult family member required. Judicial bypass option available. Waiver if: minor gives informed written consent and either (1) physician determines that under all the surrounding circumstances, the minor is mentally and physically competent to give consent, or (2) minor has secured written verification of receiving specified “information and counseling.” |
Maryland | Notice to one parent required, unless physician determines that notice may lead to physical or emotional abuse, the minor is mature and capable of giving informed consent, or notice would not be in the minor’s best interest. |
Massachusetts | Consent of one parent required. Judicial bypass option available. |
Michigan | Consent of one parent required. Judicial bypass option available. |
Minnesota | Notice to two parents required. Judicial bypass option available. Waiver if minor declares she is a victim of abuse or neglect. |
Mississippi | Consent of two parents required, or consent of the custodial parent if parents are divorced or unmarried and live separately. Consent of minor’s mother suffices if pregnancy resulted from sexual intercourse with minor’s father or stepfather. Judicial bypass option available. |
Missouri | Consent of one parent required. Judicial bypass option available. |
Montana | Parental notification law permanently enjoined. |
Nebraska | Notice to one parent required. Judicial bypass option available. Waiver if minor declares she is a victim of abuse, sexual abuse, or child abuse or neglect. |
Nevada | Parental notification law permanently enjoined. |
New Hampshire | No parental involvement law. |
New Jersey | Parental notification law permanently enjoined. |
New Mexico | Parental consent law not enforced. |
New York | No parental involvement law. |
North Carolina | Consent of one parent, or a grandparent with whom the minor has lived for 6 months, required. Judicial bypass option available. |
North Dakota | Consent of two parents required. Consent of custodial parent suffices if parents are divorced or separated. Judicial bypass option available. |
Ohio | Consent of one parent required. Judicial bypass option available. |
Oklahoma | Notice to and consent of one parent required. Judicial bypass option available. Waiver if minor declares she is the victim of sexual abuse. |
Oregon | No parental involvement law. |
Pennsylvania | Consent of one parent required. If pregnancy resulted from incest with minor’s father, the mother’s consent suffices. If both parents are not reasonably available, the consent of an adult standing in loco parentis suffices. Judicial bypass option available. |
Rhode Island | Consent of one parent required. Judicial bypass option available. |
South Carolina | Consent of one parent, grandparent, or person standing in loco parentis for 60 days required. Judicial bypass option available. Waiver if pregnancy resulted from incest. Applies to minors under 17. |
South Dakota | Notice to one parent required. Judicial bypass option available. Applies to minors under 17. |
Tennessee | Consent of one parent required. Judicial bypass option available. If a criminal charge of incest is pending against a parent, consent of such parent is not required. |
Texas | Notice to and consent of one parent required. Judicial bypass option available. |
Utah | Notice to and consent of one parent required. Judicial bypass option available for consent only. Waiver for notice if parent has not assumed responsibility for minor’s care and upbringing, parent abused minor and no other non-abusive parent can be notified, or pregnancy resulted from incest to which parent was a party, and no other parent who has not committed incest with minor exists. |
Vermont | No parental involvement law. |
Virginia | Notice to and consent of one parent (or person standing in loco parentis) required. Judicial bypass option available. Waiver if minor declares she is abused or neglected and physician has reason to believe the claim. |
Washington | No parental involvement law. |
Washington, D.C. | No parental involvement law. |
West Virginia | Notice to one parent required. Judicial bypass option available. Waiver if physician not associated with physician performing the procedure determines that the minor is mature enough to make the decision independently, or that parental notice is not in the minor’s best interests. |
Wisconsin | Consent of one parent (or a grandparent, aunt, uncle, or sibling who is at least 25 years old) required. Judicial bypass option available. Waiver if minor states that pregnancy resulted from sexual assault or sexual intercourse with a caregiver, minor states that a parent or adult family member abused her, or psychologist states that minor is likely to commit suicide rather than seek judicial bypass or consent. |
Wyoming | Notice to and consent of one parent required. Judicial bypass option available. |
