Mandatory Parental Consent to Abortion

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In many jurisdictions, unemancipated minors are not permitted to request or receive abortion services without their parents’ knowledge and consent. Physicians should ascertain the law in their state on parental involvement to ensure that their practices are consistent with their legal obligations. In many places, the issue of confidentiality for minors who seek an abortion implicates competing ethical concerns apart from the abortion issue itself.

When an unemancipated minor requests abortion services, physicians should:

Strongly encourage the patient to discuss the pregnancy with their parents (or guardian).
Explore the minor patient’s reasons for not involving the parents (or guardian) and try to correct misconceptions that may be motivating the patient’s reluctance to involve parents. If the patient is unwilling to involve their parents, encourage them to seek the advice and counsel of adults in whom they have confidence, including professional counselors, relatives, friends, teachers, or the clergy.
Explain to the minor patient under what circumstances the minor’s confidentiality will be abrogated, including:
1. life-threatening emergency;
2. when parental notification is required by applicable law.
Try to ensure that the minor patient carefully considers the issues involved and makes an informed decision.
Not feel or be compelled to require a minor patient to involve their parents before they decide whether to undergo an abortion.

AMA Principles of Medical Ethics: III, IV

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Related Opinions

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Opinion 2.2.1

Pediatric Decision Making

In giving or withholding permission for medical treatment for their children, parents/guardians are expected to safeguard their children’s physical health and well-being and to nurture their children’s developing personhood and autonomy; Physicians should evaluate minor patients to determine if they can understand the risks and benefits of proposed treatment; The more mature a minor patient is, the better able to understand what a decision will mean, and the more clearly the child can communicate preferences, the stronger the ethical obligation to seek minor patients’ assent to treatment.

Opinion 2.2.2

Confidential Health Care for Minors

Physicians have a responsibility to protect the confidentiality of minor patients, within certain limits. In some jurisdictions, the law permits unemancipated minors to request and receive confidential services relating to: contraception, pregnancy testing, prenatal care, delivery services and care to prevent, diagnose, or treat sexually transmitted disease, substance use disorders, or mental illness.

Opinion 3.2.1

Confidentiality

Physicians have an ethical obligation to preserve the confidentiality of information gathered in association with the care of the patient. With rare exceptions, patients are entitled to decide whether and to whom their personal health information is disclosed.