LEGAL
ASPECTS OF ABORTION
Abortion
Law in the United States
Prior
to 1973, abortion except to save a woman’s life was
banned in almost two-thirds of the U.S. In the remaining
states, few additional exceptions were allowed. Illegal
abortions at this time had high morbidity (sickness) and
mortality (death) rates. Those that performed the procedure
were often neither trained nor skilled and many were not
licensed physicians. In addition, equipment and conditions
were often unsanitary. Poor women were disproportionately
affected. Wealthier women could pay higher fees or leave
the country to have safe, legal abortions.
Roe
versus Wade was decided in January 1973. In this
landmark ruling, the Supreme Court invalidated restrictive
abortion laws across the nation. However, abortion did
not become an absolute right. Roe v. Wade does not
provide “abortion on demand”. It does not allow
for women to terminate pregnancy for any reason at any time
throughout her pregnancy. Rather, an important balance
was struck between a woman’s right to choose and the
state’s interest in protecting a potential life.
This
balance hinges on fetal viability—when a fetus is able
to survive separate from the uterus—which is generally
accepted at 20 weeks gestation. The Court ruled that until
fetal viability, the woman has the right to choose abortion.
After, each state may impose limitations as long as exceptions
to protect the life and health of the woman are maintained.
Teenagers
and Abortion Law
Laws requiring parental consent or notification before a
minor may obtain an abortion are highly contested. Currently,
42 states have such laws on the books. Of these, 30 states
have these laws in effect. In these states, teenagers who
cannot obtain the consent of at least one parent must either
travel out of state or obtain approval from a judge in order
to legally end a pregnancy.
According
to a process called “judicial bypass,” the pregnant
adolescent must go before a judge, explain her situation,
and rely on the judge’s decision. Defenders of mandatory
parental consent believe that teenagers in such a situation
cannot make competent decisions and therefore need adult
guidance.
Opponents,
however, point out that the result of parental notification
and judicial bypass is the opposite of what was intended.
Rather than promoting family communication, the law increases
the risk of harm to the adolescent by delaying access to
appropriate medical care.
Timely
medial care is especially important for pregnant teens because
of the hefty medical, personal, and social consequences
of adolescent childbearing. In addition, the later an abortion
occurs in pregnancy, the greater the risk of complications.
A number of health professional organizations, including
the American Medical Association, the American Academy of
Pediatrics, the American College of Obstetricians and Gynecologists,
have reached a consensus. They assert that minors should
not be compelled to involve parents in the decision to obtain
abortions.
