Everyone agrees that loving parents should be involved when a young woman faces an unintended pregnancy. And every parent hopes that any young person confronting a crisis like that will seek the advice and counsel of those who care for her most and know her best. In fact, most young women do turn to their parents when considering an abortion, even in the absence of laws mandating their consent.¹ Current Massachusetts law requires a pregnant young woman to get parental consent or a court order to obtain an abortion. In practice, this is a complicated, burdensome mandate that fails to protect young women and can, in fact, pose added risks to their health and well-being.

Sadly, some young women cannot discuss their pregnancies with their parents. They may live in situations where there is physical violence or emotional abuse. Their pregnancies may be the result of incest. They may fear being kicked out of the house. Or they may not realize how supportive their parents might be.

The nation's leading medical organizations oppose parental consent laws because they impose barriers to care that can actually harm the young women they purport to protect. Such government mandates can increase the threat of violence in the home and expose a young woman to the health risks associated with delayed medical care and unwanted childbirth. They may also compel her to leave her home state for the health services she needs or take more drastic measures, such as attempting suicide or trying to self-abort.

For a young woman, going through the court process to obtain a judicial order can be intimidating, overwhelming, and, at times, impossible. A teen faces hearings scheduled during school hours; the challenge of finding transportation while maintaining confidentiality; and the intimidation and stress of having to present her case in Superior Court – not to a Family or Juvenile Court judge, who might be better equipped to evaluate and guide her.

Since 1986, there have been no court denials in Massachusetts – meaning that judges ultimately found each young woman who went through the judicial bypass process was mature enough to consent or that terminating her pregnancy was in her best interests.Still, the court proceeding can cause delays of a week or more, increasing her health risks and the cost of medical care, while adding another costly and time-consuming responsibility to an already over-burdened court system.

Many Massachusetts laws recognize the importance of timely access to medical care and social services for young people.That's why people under the age of 18 can consent to prenatal care, childbirth, and maternity services; treatment for STIs and substance abuse; mental health services; medical care for their child; and adopting their spouse's child. Learn more.

A recent study found that parental consent laws raise costs and compromise the safety of abortions. In Massachusetts, the study found that the rate of minors seeking out-of-state care rose by a striking 300% after the law was adopted, while the in-state teen abortion rate decreased by a much smaller proportion.⁴

The Solution: Preventing teen pregnancy and supporting adult involvement

The best response to teen pregnancy is to prevent it in the first place by offering young people age-appropriate, medically accurate sex education and improving access to reproductive health services. For those young women who still face an unintended pregnancy, legislators should also consider revamping parental or court consent mandates in ways that can better support young women for whom abortion may be the most appropriate option.

An Act Relative to Consent and Counseling for Certain Minors (H.1746), sponsored by Representative Ellen Story, would allow other responsible family members – such as a grandparent or much-older adult sibling – to provide legal consent. This change in the law would better reflect the realities of family life today and enable a young woman who can't turn to her parents to get advice and support from other trusted adults. In addition, the bill provides an option to seek counseling from a trained medical professional in lieu of a court order as a way to increase the opportunities for a young woman to get the kind of guidance she needs when facing an unintended pregnancy. And it would adjust the age of consent for terminating a pregnancy to bring the abortion consent law in line with other state statutes that give young people aged 16 and older the right to consent to sensitive medical decisions and make other important life choices.