Nine states have enacted parental involvement laws that are not enforced due to court rulings or state Attorney General opinions. Therefore, under state law, minors obtaining abortions in these states are not required to involve a parent, another adult, or a court in their decision to obtain an abortion. The states that are in this category are:
Alaska
California
Idaho
Illinois
Montana | Nevada
New Hampshire
New Jersey
New Mexico |
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.
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 Idaho—that do not require the involvement of a parent or other adult or a court prior to a minor obtaining an abortion, because the state’s parental involvement law is enjoined or not enforced for another reason.
Renee is a 17-year-old Idaho resident who seeks an abortion at a clinic in Washington. Under existing law, she will not have to comply with any forced parental involvement law. Under the Act, she will face legal restrictions:
- Example 1: Renee traveled to Washington for the abortion with her aunt. Her aunt will not risk liability under the Act, because her home state -- Idaho – does not have an enforceable parental involvement law. However, under the Act, the Washington doctor will not be able to perform the abortion without notifying one of her parents and waiting before performing the abortion. Even if Renee traveled to Washington with her mother and the Washington doctor notified her mother in person, the doctor would have to wait 24 hours before he or she could perform the abortion. If the doctor is not able to notify a parent in person, the doctor would have to wait more than 72 hours before performing the abortion. Because Idaho does not have a parental involvement law, Renee could not avoid parental notice and mandatory delay by getting a judicial bypass order from an Idaho court.
- Example 2: Renee is in her first year of college, in Washington, and seeks an abortion while she is there. As in Example 1, the Washington doctor will have to notify one of her parents and wait before performing the abortion.
Patricia is a 17-year-old Idaho resident who goes to Utah for an abortion. She will have to comply with Utah’s parental notification law. Unlike Renee, she will not face additional legal restrictions under the Teen Endangerment Act:
- Utah’s law matches the Act’s definition of a "law requiring parental involvement in a minor’s decision" and therefore the Act’s notice and delay requirement does not apply to her abortion.
Nancy is a 17-year-old Wyoming resident who goes to Idaho for an abortion. Under existing law, she will not have to comply with any forced parental involvement law. Under the Act, she will face legal restrictions:
- Example 1: Nancy traveled to Idaho for the abortion with her adult sister. Her sister, and the Idaho abortion provider and others who assist her, risk liability under the Act, unless Nancy gets an order from a Wyoming court or she has the written consent of one of her parents. Even if Nancy travels to Idaho with a parent, who gives written consent for her abortion, the Idaho doctor will still have to wait 24 hours after getting that consent before performing the abortion.
- Example 2: Nancy is in college in Idaho and seeks an abortion while she is there. The Idaho doctor will have to notify one of her parents and wait before performing the abortion, unless Nancy goes back to Wyoming and gets an order from a court there. Even if one of her parents comes to Idaho, so that the Idaho doctor can notify the parent in person, the doctor will have to wait 24 hours after notifying the parent before performing the abortion. If the doctor is not able to notify a parent in person and Nancy does not have a Wyoming court order, the doctor will have to wait more than 72 hours before performing the abortion, in order to comply with the Act.
Mary is a 17-year-old Oregon resident who goes to Idaho for an abortion. Under existing law, she will not have to comply with any forced parental involvement law. Under the Act, the Idaho doctor will have to notify a parent and wait before performing the abortion.
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