What is the current status of abortion law?

As of the beginning of 2004, women still have a constitutional right to an abortion. In 1992, the U.S. Supreme Court in the case of Planned Parenthood v. Casey reaffirmed its decision in Roe v. Wade that women have a right to seek an abortion during the early stages of pregnancy. The Supreme Court also decided, however, that states have a right to regulate how abortions are performed and that states may ban abortions after the fetus is viable (able to live outside the womb) unless the mother's life or health is endangered. The scope of regulation and funding of abortions by the government varies from state to state and is often tested. States may impose a twenty-four-hour waiting period before an abortion is performed.

May a girl under eighteen obtain an abortion without her parent's consent?

Yes. However, if a girl under eighteen seeks an abortion, state law can require that she obtain permission from a judge. In Casey, the Supreme Court upheld a statute that required a girl to obtain permission from either one parent or a judge, and noted that Supreme Court case law had required states to allow a "judicial bypass" as a substitute for parental consent.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association