ABA Family Legal Guide

Family Law

Children

Abortion

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.