Six states and the District of Columbia have not enacted forced parental involvement laws. 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:
Connecticut
Hawaii
New York
Oregon
| Vermont
Washington
and Washington, D.C. |
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 New York—that do not require the involvement of a parent or other adult or a court prior to a minor obtaining an abortion.
Laura is a 17-year-old New York resident who seeks an abortion at a clinic in New Jersey. 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: Laura traveled to New Jersey for the abortion with her grandmother. Her grandmother will not risk liability under the Act, because her home state – New York – does not have a parental involvement law. However, under the Act, the New Jersey doctor will not be able to perform the abortion without notifying one of her parents and waiting before performing the abortion. Even if Laura traveled to New Jersey 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, the doctor would have to wait more than 72 hours before performing the abortion. Because New York does not have a parental involvement law, Laura could not avoid parental notice and mandatory delay by getting a judicial bypass order from a New York court.
- Example 2: Laura is in her first year of college, in New Jersey, and seeks an abortion while she is there. As in Example 1, the New Jersey doctor will have to notify one of her parents and wait before performing the abortion.
Karen is a 17-year-old New York resident who goes to Pennsylvania for an abortion. She will have to comply with Pennsylvania’s parental notification law. Unlike Laura, she will not face additional legal restrictions under the Teen Endangerment Act:
- Pennsylvania’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.
Jennifer is a 17-year-old Massachusetts resident who goes to New York 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: Jennifer traveled to New York for the abortion with her adult sister. Her sister, and the New York abortion provider and others who assist her, risk liability under the Act, unless Jennifer gets an order from a Massachusetts court or she has the written consent of one of her parents. Even if Jennifer travels to New York with a parent, who gives written consent for her abortion, the New York doctor will still have to wait 24 hours after getting that consent before performing the abortion.
- Example 2: Jennifer is working in New York for the summer, staying with relatives, and seeks an abortion while she is there. The New York doctor will have to notify one of her parents and wait before performing the abortion, unless Jennifer goes back to Massachusetts and gets an order from a court there. Even if one of her parents comes to New York, so that the New York 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 Jennifer does not have a Massachusetts 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 Connecticut resident who goes to New York for an abortion. Under existing law, she will not have to comply with any forced parental involvement law. Under the Act, the New York doctor will have to notify a parent and wait before performing the abortion.
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