Minors' Reproductive Health Rights in California

In California, minors (people under 18 years old) have the right to obtain birth control services, prenatal care, sexually transmitted infection/HIV services and abortion without parental notification or permission.

In many other states, parental notification or permission is required to obtain an abortion. If teenagers cannot tell their parents that they need an abortion, they may either attempt to get approval from a judge (known as "judicial bypass") or they must travel out of state to get the services they need. Although most minors seeking judicial approval eventually receive it, the process can take a long time and can result in delayed abortions. If you live outside California and are unsure about reproductive health rights for minors, please visit the NARAL website for more details.

Efforts to enact new parental involvement laws in the context of abortion have slowed in recent years. Between 1991 and 1997, the number of states with laws in effect mandating parental consent or notification rose from 18 to 30, but between 1997 and 2000, that number increased by only one. In large part, this drop-off reflects the fact that 10 other states have enacted laws that are currently blocked by courts from going into effect, leaving only eight states that have no parental involvement requirement on the books.

Ironically, more than half of the states that require parental involvement for abortion do permit a pregnant minor to make the decision to continue her pregnancy and to consent to prenatal care and delivery without consulting a parent. In addition, states appear to consider a minor who is a parent to be fully competent to make major decisions affecting the health and future of her child, even though many of these same states require a minor to involve her parents if she decides to terminate her pregnancy.

• 42 states currently have laws on the books requiring parental consent or notification prior to minor's abortion, with 32 of these laws in full effect and enforcement.
• Currently 25 states and the District of Columbia have laws or policies that give minors the right to get birth control services.
• 27 states and the District of Columbia have laws or policies that allow a pregnant minor to obtain prenatal care and delivery services without parental permission.
• All 50 states and the District of Columbia allow minors to obtain testing and treatment for STIs, including HIV (although 3 states limit HIV management to testing only).
• Only 2 states have laws that actually affirm a minor's right to abortion without parental permission.

The Alan Guttmacher Institute

 The ACLU of Northern California

Planned Parenthood Affiliates of California

California Abortion & Reproductive Rights Action League