Nine states enforce parental involvement laws that do not fit the Teen Endangerment Act’s restrictive definition of a "parental involvement law." While requiring consent from or notification of an adult or court authorization before a minor is able to obtain an abortion, these states do not limit the notification or consent requirement to a parent exclusively. Instead, they allow some non-parent – such as a grandparent or other adult family member – to give consent or be notified or allow the physician to waive the notice requirement in certain circumstances. The states that are in this category are:
Colorado
Delaware
Iowa
Maine
Maryland | North Carolina
South Carolina
West Virginia
Wisconsin |
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’ laws do not 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 not follow them. However, 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 26 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 North Carolina—that allow an adult other than a parent to receive notice or provide consent.
Valerie is a 16-year-old North Carolina resident who seeks an abortion at a clinic in South Carolina. Under existing law, she will have to comply with South Carolina’s laws regulating abortions. Under the Act, she will face additional legal restrictions:
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Example 1: Valerie traveled to South Carolina for the abortion with her aunt. She can comply with South Carolina’s law by getting an order from a South Carolina court allowing her to have an abortion. Her aunt will not risk liability under the Act, because her home state -- North Carolina – does not fit the Act’s definition of a parental involvement law (it allows a grandparent to give consent) and therefore Valerie’s home state’s law did not follow her when she traveled to South Carolina for her abortion. However, under the Act, the South Carolina doctor will not be able to perform the abortion unless Valerie has court authorization for her abortion from a North Carolina court or the doctor notifies one of her parents and waits before performing the abortion. Even if Valerie traveled to South Carolina with her mother, the abortion provider would have to wait 24 hours after notifying the mother in person before he or she could perform the abortion. If the doctor is not able to notify a parent in person and Valerie does not have a North Carolina court order, the doctor will have to wait more than 72 hours before performing the abortion.
- Example 2: Valerie is spending the summer with relatives in South Carolina and seeks an abortion while she is there. As in Example 1, not only will she have to comply with South Carolina law – which she can do by getting a court order from a South Carolina court -- but she will also have to either travel back to North Carolina to get authorization for her abortion from a North Carolina court or the South Carolina doctor will have to notify one of her parents and wait before performing the abortion.
Tanya is a 16-year-old North Carolina resident who goes to Virginia for an abortion. She will have to comply with Virginia’s parental notification law. Unlike Valerie, she will not face additional legal restrictions under the Teen Endangerment Act:
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North Carolina’s law does not match the Act’s definition of a "law requiring parental involvement in a minor’s decision" and therefore her home state law does not follow her into Virginia.
- Virginia’s law does match that definition and therefore the Act’s notice and delay requirement does not apply to her abortion.
Stephanie is a 16-year-old Tennessee resident who goes to a North Carolina clinic for an abortion.
- Example 1: Stephanie traveled to North Carolina for the abortion with her adult sister. She can comply with North Carolina’s law by getting an order from a North Carolina court allowing her to have an abortion. But her sister, and the North Carolina abortion provider and others who assist her, risk liability under the Act, unless Stephanie also gets an order from a Tennessee court or she has the written consent of one of her parents. Even if Stephanie travels to North Carolina with a parent, who gives written consent for her abortion, the North Carolina doctor will have to wait 24 hours after getting that consent before performing the abortion.
- Example 2: Stephanie is spending the summer with relatives in North Carolina and seeks an abortion while she is there. The North Carolina doctor will have to notify one of her parents and wait before performing the abortion, unless Stephanie goes back to North Carolina and gets an order from a court there. Even if one of her parents comes to North Carolina and the North Carolina 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 Valerie does not have a North Carolina court order, the doctor will have to wait more than 72 hours before performing the abortion, in order to comply with the Act.
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