Twenty-six states enforce parental involvement laws that fit the Teen Endangerment Act's restrictive definition of a parental involvement law. These states require consent from, or notification of, a parent or legal guardian or court authorization before a minor is able to obtain an abortion. The states that are in this category are:
Alabama
Arizona
Arkansas
Florida
Georgia
Indiana
Kansas
Kentucky
Louisiana
Massachusetts
Michigan
Minnesota
Mississippi |
Missouri
Nebraska
North Dakota
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Dakota
Tennessee
Texas
Utah
Virginia
Wyoming |
Minors who live in one of these states but travel to another state to obtain an abortion will be subject to the restrictions of the Teen Endangerment Act, as will abortion providers in these states. In addition, minors who live in another state but travel to one of these states for an abortion will be affected by the Act.
Because these states have forced parental involvement laws that match the Act’s definition of a "law requiring parental involvement in a minor’s abortion decision," when minors from these states travel with a companion (other than a parent) into any other state for an abortion, their home state law will follow them. Therefore, those minors will need to comply with their home state’s law in addition to the law of the state in which they seek an abortion. In addition, minors from these states will be subject to the Act’s notice and delay requirement if they seek an abortion in any state other than their home state or one of the 25 other states with a law that matches the Act’s definition of a parental involvement law, even if they travel alone to the state or are in the state for a reason unrelated to their abortion (such as college, vacation, or summer job).
The Act is confusing: it affects a minor differently depending on which state she lives in, which state she goes to, whether she travels across state lines with someone else, and how she chooses to comply with state law and federal law requirements. Below are some examples of how the Teen Endangerment Act will affect minors and abortion providers in states – such as Michigan – that require consent or notice from a parent.
Zoe is a 17-year-old Indiana resident who seeks an abortion at a clinic in Illinois. Under existing law, she will have to comply with Illinois' laws regulating abortions. Under the Act, she will face additional legal restrictions:
- Example 1: Zoe traveled to Illinois for the abortion with her adult sister. She can comply with Illinois' law by getting an order from an Illinois court allowing her to have an abortion. But her sister, and the Illinois abortion provider and others who assist her, risk liability under the Act, unless Zoe also gets an order from a Indiana court or she has the written consent of one of her parents. Even if Zoe travels to Illinois with a parent, who gives written consent for her abortion, the Illinois doctor will have to wait 24 hours after getting that consent before performing the abortion.
- Example 2: Zoe has a summer job in Illinois and seeks an abortion while she is there. The Illinois doctor will have to notify one of her parents and wait before performing the abortion, unless Zoe goes back to Indiana and gets an order from a court there. Even if one of her parents comes to Illinois and the Illinois doctor notifies the parent in person, the doctor will have to wait 24 hours before performing the abortion. If the doctor is not able to notify a parent in person and Zoe does not have an Indiana court order, the doctor will have to wait more than 72 hours before performing the abortion in order to comply with the Act.
Yvette is a 17-year-old Michigan resident who goes to an Indiana clinic for an abortion.
- Yvette can comply with Indiana law by having the written consent of one parent or an order from an Indiana court authorizing the abortion.
- She is not subject to the federal notification and delay provision in the Act, because it does not apply to out-of-state minors who obtain an abortion in one of the 26 states that require parental consent or notice.
- However, if Yvette traveled to Indiana with her aunt to get the abortion, her aunt, and the Indiana abortion provider and others who assist her, risk liability under the Act, unless Yvette complies with Michigan’s law in addition to Indiana’s law. If she chose not to involve a parent, she would therefore have to go to court in both Indiana and Michigan.
Wanda is a 17-year-old Illinois resident who goes to an Indiana clinic for an abortion.
- Like Yvette, Wanda is not subject to the federal notification and delay provision in the Act, because it does not apply to out of state minors who obtain an abortion in one of the 26 states that require parental consent or notice.
- Unlike Yvette, Wanda’s home state law does not follow her into Indiana, because Illinois’ law does not match the Act’s definition of a parental involvement law. So Wanda only needs to comply with Indiana’s parental involvement law.
