California's Parental Consent Law deals with requiring parents to be notified if a child under age 18 seeks an abortion. There is much controversy surrounding whether or not the law should exist, and it has currently been deemed unconstitutional.

The Law

California's Parental Consent Law would require a doctor to inform the parents of an unemancipated minor at least 48 hours in advance of performing an abortion on that child. If the parent does not consent to the abortion, the procedure cannot be performed. However, the law also offers parents the option to waive their right to consent when they feel their child is old enough to make such a decision on her own. In terms of the law, an unemancipated minor is a child under age 18 who is not active duty military or married, or who has not gone through emancipation through the courts.

Anti-Consent

The California Parental Consent Law, known also under terms such as Proposition 4 and Proposition 85, would be an amendment to the California constitution, which contains a right to privacy. By requiring a parent to be notified in the case of an abortion, the minor's privacy rights are being violated.

Pro-Consent

Those in favor of the parental consent law argue that it reduces the number of teenage pregnancies and cases of sexually transmitted diseases through the involvement of parents.

Sexual Abuse

Cases of sexual abuse lead the arguments for and against the Parental Consent Law. Some argue that requiring parental notification can endanger girls from abusive homes, while others believe that abuse can go hidden and continue as long as parents are not notified in the case of an abortion.

Facts

In California, someone under 18 must have parental permission to visit a tanning salon, get a tattoo and receive medication from a school nurse, but with the Parental Consent Law ruled unconstitutional, they can legally get an abortion without permission from a parent. Three-fifths of states have parental consent laws in some form, and those states have lower rates of teen pregnancies and sexually transmitted diseases. Teenagers who live in states with parental consent laws may seek other options to terminate a pregnancy, thereby putting their lives in danger.

Source:

California's Legislative Analyst

National Center for Youth Law

Child Stats