Many jurisdictions have laws that apply to minors and abortions . This parental involvement law requires one or more parents to approve or be informed before their little daughter legally has an abortion.
Video Minors and abortion
Minors and abortion in law
Australia
Minors do not require parental consent or notices except in Western Australia, where in the case of women under the age of 16 one of their parents must be notified, unless the permission has been granted by the Juvenile Court or the woman does not live with the parents.
Canada
In Canada, abortion is subject to general medical law, as there is no law governing abortion. Access varies by province and region; although there is no legal limit to abortion. Most medical facilities in Canada do not share medical information with parents without the consent of their child seeking an abortion. In 1989, the Supreme Court ruled that the female couple, the baby father, had no right to veto his decision to have an abortion. Abortion is funded by the government.
French
A pregnant girl under the age of 18 may request an abortion without consulting her parents first, but she must be accompanied to the clinic by an adult of her choice. These adults may not notify their parents or third parties about abortion.
Greek
Girls under the age of 18 must obtain written permission from their parent or guardian before being allowed to have an abortion.
India
Girls under 18 require parental consent. Under the Medical Termination of Pregnancy Act, 1971, abortion is permitted on a liberal basis up to 20 weeks of pregnancy. An abortion after 20 weeks is illegal, but a court may legalize late abortion in exceptional circumstances.
Italy
Parental authorization is required if the woman is under 18 years of age.
New Zealand
New Zealand has no parental notice restrictions on access under sixteen years for abortion.
Polish
Parental consent is always necessary if women seeking abortion are minors.
South Africa
In South Africa, any woman of any age can have an abortion on demand for no reason given if she is less than 13 weeks pregnant. A woman under the age of 18 will be advised to consult with her parents, but she may decide not to notify or consult with them if she chooses. However, she must provide informed consent, which means that if she can not understand the consequences of the abortion she can not agree to one without the help of a parent or guardian.
Spanish
In 2009, the Socialist government passed a bill stating that girls aged 16 and 17 must notify their parents (but not parental permission) for abortion unless the girl comes from a rough family and such news will cause more disputes.
Swedish
The current law is the 1974 Abortion Act. It states that until the end of the eighteenth week of pregnancy the choice of abortion is entirely up to the woman, for whatever reason. Law does not differentiate about the age of pregnant women.
United Kingdom
Legal involvement of parents in the UK; if the girl is deemed competent by the medical staff, there is no disclosure to the allowed parent. In many cases, girls aged 13 years and over will be covered by this provision but pre-teen adolescents will not and parents, social workers and police can be involved to protect children. About 120 12-year-olds, at least five 11-year-olds and two nine-year-old children have had a legal abortion since 1996. In 2005, Sue Axon, from Manchester, wanted the law changed to prevent girls under 16 secrecy. advice. However, the Court of Appeal has rejected a review of guidelines stating that termination does not require parental consent and that doctors should respect the secrecy of girls.
United States
In the United States, most states typically require one of two types of parental involvement - permission or notification, or both. 37 countries require parental involvement in minor decisions to have an abortion (21 states require parental consent, 3 of which require both parents to approve, 11 states require parental notification only, 1 of which requires both parents to be informed, 5 states require both parental consent and notification, 8 states require parental consent documentation to be notarized). In Delaware the law applies only to children under 16, and in South Carolina for minors under 17. The law of parental involvement plays a key role in forcing the Court to clarify its position on abortion rules. The court ruled, in essence, that parental involvement legislation (and all other abortion rules) could legally make it more difficult for women to have an abortion. But there is a threshold in which increasing difficulty becomes unconstitutional. Requiring the involvement of a married couple before a woman can obtain an abortion has been interpreted as falling on the unconstitutional side of the threshold, while parental involvement has been interpreted as falling on the constitutional side. Or, to use the Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), interpersonal notice law puts "undue burden" on a woman's ability to have an abortion, whereas the law of parental involvement does not.
The law of parental involvement has three basic features. First, they bind minors, not adults. Second, they need, at a minimum, that minors tell their parents before the abortion is done, and in some cases the consent of the parent. And thirdly, they allow minors to obtain court bypass if consent can not be obtained. These rules are just one example of the detailed draft laws and regulations of abortion that have evolved since the Supreme Court's decision to legalize abortion in 1973 Roe v. Wade and Doe v. Bolton
The first major case involving parental involvement legislation was decided in 1976 at Planned Parenthood of Central Missouri v. Danforth . This case involves Missouri law requiring consent from various parties before an abortion can be made - written consent by the patient, marital consent for married persons, and parental consent for minors, in particular. The Court ruled that the provision of parental consent was unconstitutional due to its universal enforcement.
The ability of a minor to have an abortion against the wishes of his parents is a recurring theme in some cases after Planned Parenthood of Central Missouri v. Danforth . Bellotti v. Baird (1979) discusses the laws of Massachusetts that require a child to obtain parental consent before the abortion is done. However, unlike the Danforth case, this law allows the judiciary to cut if consent can not be obtained. Similar reasons can be found at H.L. v. Matheson (1981). This case decides on a relatively lenient parental notice regime compared to parental consent. In this case, the Court ruled that a parent's notification is constitutional because the parent can not veto the teen's final decision to have an abortion. In Planned Parenthood of Kansas City v. Ashcroft (1983), the Supreme Court ruled that parental consent is constitutional as long as it also allows court bypass if the agreement can not be obtained. In Planned Parenthood of S.E. Pennsylvania v. Casey (1992), the Court places strict parental involvement in a broader set of legal principles governing the constitutional right of women to have abortions. Parental involvement, and other rules, are so long constitutionalized that they do not place "undue burden" on a woman's ability to have an abortion.
In Planned Parenthood of Massachusetts v. Attorney General (1997), the Supreme Judicial Court of Massachusetts found the requirement of the second of parents to approve an unconstitutional minor abortion, but upheld the parent's consent from one parent.
In November 2011, the Illinois Supreme Court agreed to consider whether the state should start enacting a 1995 law that requires parental notice. The Court finally agreed in July 2013 that the law should be enacted, with the parental notice law coming into force on 15 August.
Maps Minors and abortion
Debate
Arguments in support
The advocacy group has created a number of arguments that support parental notifications.
- Minors should get parental consent for most types of medical procedures.
- A study by the Heritage Foundation states that overall, the law of parental involvement reduces the number of teenage abortions.
- A pregnant baby may be pressured to have an abortion by an older boyfriend, thus hiding the fact that she is guilty of rape by law.
- At present, parents of minors are financially responsible for any complications resulting from abortion, unless the minor minor has been released legally.
- The law of notification and consent gives parents the opportunity to advise their teenage daughters about the possible consequences of abortion.
- Not telling parents to support pedophilia crime to keep it hidden.
Arguments in conflict
The advocacy group on the other hand has also made a number of arguments against parental notices:
- It has been argued that parental notice and consent laws increase the number of unsafe illegal abortions.
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- Women's health organizations say that in states that have notice or approval laws, there is an increase in "unsafe", illegal, "back alley" abortions.
- Many young women feel they can not talk to their parents about their sexual lives or about rape or incest they may suffer, and may or may not seek illegal abortion as a result.
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- In states with notice or approval laws, minors will sometimes travel to the nearest country to have an abortion. Delay means an increased risk:
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- Delaying an abortion may increase the likelihood of complications arising from an abortion procedure. The risk of maternal mortality as well, or major complications, increases significantly for each week to pregnancy, especially if abortion is delayed until the third trimester.
- Judge Nixon of the District Court in Tennessee estimates that "even under the best of circumstances, the [judicial] neglect process will take twenty-two days to resolve - a significant problem given the nature of the time-sensitive pregnancy and the increased risk involved in abortion later. "
- The American Academy of Pediatrics issued the following statement: "Legislation requiring parental involvement does not achieve the desired benefits of promoting family communication , but it increases the risk of harm to adolescents by delaying access to appropriate medical care... [M] inors should not be coerced or asked to involve their parents in their decision to get an abortion, although they should be encouraged to discuss their pregnancies with their parents and other responsible adults. "
- An American Medical Association study in 1992 showed that the law of parental involvement was obliged "to increase the gestational age at which the termination of pregnancy caused occurred, thereby also increasing the risk associated with the procedure." An abortion study by researchers at Baruch College at City University of New York shows that Texas teenagers aged between 17 years, 6 months and 18 years are 34% more likely to have a much more risky second-trimester abortion. than young women who are 18 or older when they are pregnant. Lawrence Finer, a spokeswoman for the Guttmacher Institute, said: "It only shows how such laws can cause health risks for teenagers Abortion is a safe, but less safe procedure later in pregnancy." He suggests that parental involvement laws have little effect on abortion rates compared with improving sexual education and access and use of birth control.
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- Many minors of childbearing age are mature enough to make their own abortion decisions.
- Other reproductive health issues such as testing and treatment of STDs do not require parental consent.
Roman Catholic Church's position
In 2009, Archbishop Josà ©  © Cardoso Sobrinho was ostracized, or rather expelled (due to excommunicated canon law), mother and doctor of a 9-year-old girl for having an abortion on the girl's twin. The girl is impregnated by her stepfather, who has repeatedly raped her since she was six years old. Doctors recommend abortion because they believe the young woman will prevent her from giving birth to the twins safely. The affair shocked the Brazilian government and provoked the contempt of President Luiz InÃÆ'¡cio Lula da Silva.
Pope Benedict XVI later gave a controversial speech in Angola where he condemned all forms of abortion, even those considered therapeutic. Therapeutic abortion is a term for abortion that is usually done to save a mother's life or where the fetus has been found to have a disability that is incompatible with life.
See also
References
External links
In support
- Why We Need a Child Prisoner Protection Act - NRLC
- Analyzing State Securities Laws About Abortion Events Among Little People- The Heritage Foundation
Contrary
- Young Women Access Restrictions on Abortion-NARAL
- Parenthood.org/news-articles-press/laws-quiring-parental-consent-of-notification-for-minors-abortions.htm The Law Requires Parental Approval or Notice for Parental Abortion - Planned Parenthood
Neutral
- HealthVote.org- Non-partisan Analysis of California Proposition 85 (Parental Notification & Waiting Period for Abortion Age-November 2006 Election)
Source of the article : Wikipedia
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