Sex, Power, and Politics Blog

In my first post I focused on what rights the parents have, and did not focus on why they should have rights. Until a young woman is 18, she is dependent on her parents. She can make small decisions on her own, and the Supreme Court has says that young women have a right to make decisions about their pregnancy. (Borgmann, 2009) However, these young women need to have all the information before they make decisions. Therefore, I am making a new proposition; pregnant minors should have to go through a decision making process with their health care provider. This process should include, having a health care provider discuss options of birth, adoption, or abortion. In addition, the health care provider should discuss the state laws for adoption and abortion, whether or not the mother can make all the decisions, or if she needs to have parental notification or consent. This is happening in some form already in many if not all health care facilities, however, there are still changes I want to make.

I am staying with my decision that the parents need to be notified and need to give consent. This consent does not mean that a child goes to their parents after Sunday supper and asks them to sign a court document. Instead, the child should arrange for a health care provider or counselor to go to the parent, discuss the situation, and move forward. This would ensure that at least initially, the parent couldn’t be abusive to the child. Also, if the parents show signs that they may become abusive, the health care provider can be there and report any concerns. The father to the unborn child should be told as the mother is ready, if she prefers to talk to her parents first, so be it, or if she would rather have the father told first, that is fine. The father must be notified, and if he is under 18, his parents must be included. This may sound like a lot of information, that a health care provider cannot be expected to cover all of this information, however, if a child is pregnant, she needs to be educated. Parents cannot be expected to do all the education; we have no control over who the pregnant minor’s parents are. What we can control is how those parents are approached, and what resources are provided for them. I think it is crucial to discuss everything with the pregnant minor before speaking to the parents, that way the minor can go speak to the parents with a better knowledge base.

JaNaye, Keisha, Colleen, Natalie, Alison, Jericho are correct, involving the parents of the father seems extreme. However, if he and the mother are both under 18, they depend on their parents for support, and therefore should be notified. The consent of the father’s parents may not be necessary, however, they should know what is going on with their son. I did not mean that all four grandparents should vote on the status of the pregnancy. I meant to say that all parents need to be aware of the situation and discuss what the best option would be for everyone involved. As I mentioned before, I believe this should happen with an outside person who has more knowledge in what adoptions and abortions can mean for everyone involved.

The “its my body” aspect of teenage pregnancy that Jericho, Alison, Natalie, bring up is a valid point. However, when a child is under 18, they do not know all of the issues that come with having a child, or aborting a child. If there was a process with support that underage pregnant women had to go through, they could understand exactly what is going to happen to their body, and she could decide what she wants and explain to everyone why. Also, with this support, back alley abortions could be limited. I did not know before this debate that this was still practiced, however, the health care provider can explain why that is deadly, and not an option.

I agree with Haylie that back alley abortions are a bad choice for women. Therefore, if a child absolutely cannot go to her parents, there is still the judicial bypass. While Mara said that the process seems difficult, that is why there should be a health care provider who walks you through everything. They can explain to the minor how to court process works, and if that is her best option.

In Michael J. New’s article A Parental-Involvement Opportunity he found a “that well designed parental-involvement laws have been surprisingly effective at reducing abortion rates among minors.” This is a fine argument to make, however, he does not know why the minors ended up not having abortions. These children who get pregnant may assume that their parents will “kill” them if they are pregnant, so they go through the courts, and have an abortion. However, when the parental notification laws are in place, the children talk to their parents and realize that the parents will love their grandchild and there isn’t going to be the child will not be “killed” as they imagined. Once the child and parents have conversation, they can understand where everyone is coming from and make the best decision.

Leigh Ann noted Borgmann’s quote that “Even in the absence of a parental involvement law, about six in ten teens consult at least one parent before seeking an abortion.” While that statistic is reassuring for parents, who want to be notified regardless of what the state law is, that does not mean we can abolish parental involvement laws. Young, pregnant women need to go to their parents and need to make a decision together. When you are under the age of 18 you do not have enough knowledge to decide whether or not to raise a child. Parents are responsible for their children until they turn 18, and after that date, the child can make her own decisions about what should happen to her child. Therefore, health care providers need to step in and teach everyone what the pros and cons of a birth, adoption, or abortion are. With this education then parents can make the best decision for their daughter.

Borgmann, Caitlin (2009). “Abortion Parental Notice Laws: Irrational, Unnecessary and Downright Dangerous” Jurist.

New, Michael J. (2008). “A Parental-Involvement Opportunity” National Review Online.

To start, I would like to clarify the intent behind my words on the issue of communication between parents and their pregnant minor.  Both Keisha and Colleen proposed in their comments that I suggested informing parents about an abortion would “improve” communication between the pregnant minor and her parents.  I explicitly said, “While I realize that some parents may not be understanding of their daughter’s pregnancy, notifying them will open a line of communication and could possibly help disapproving parents realize their daughter is reaching out to them for help.”  I am in no way saying that notifying parents will improve communication or the relationship it will open a door for solutions and compromises to be made.  I am well aware that it would be unbelievably difficult for a pregnant teen to expose she is pregnant and has decided to have an abortion.  Even though it would be difficult, it is necessary for parents to know about their daughter’s situation so they are able to offer suggestions and support for their daughter.

In her comment, Natalie points out, “the law [parental notification] would not prohibit parents from controlling their daughter’s decision, and some parents would feel it is their prerogative anyway.”  This is exactly why I am not suggesting parents need to give consent in order for their pregnant minor daughter to have an abortion.  I do not agree with parents making a decision for their daughter.  I do however; agree with parents providing input on the subject.  Though some parents may view the decision as theirs’ to make, the law should state that notification is enough and all else is up to the pregnant minor.  Even if they believe they are at liberty to make the decision, the law would state otherwise.  Megan stated in her comment, “I understand that legally she is still a child, but I believe that if she is having sexual relations, she is most likely aware of her consequences and what is best for her own body.”  If the pregnant minor is in fact mature enough to be “aware of her consequences and what is best for her own body” she should also be aware that parental notification does not mean parental consent.  Therefore, she should be able to handle the consequence of her parents disagreeing with her decision and should be capable of letting them know that just because they have been notified, they do not necessarily have any part in the official decision.

The sensitive issue of a teen who was raped and impregnated came up a number of times in comments to my position on parental notification.  To this, I would say it is in the pregnant minor’s best interest to still come forward to her parents so they can help her deal not only with her pregnancy but now, also deal with the trauma and emotional distress that survivors of sexual assault deal with on a daily basis.  By notifying her parents of the rape, as well as the pregnancy the teen again, opens the door for solutions to be made and for the proper healing process to begin as soon as possible.  I believe leaving parents in the dark in such a difficult situation would cause the teen to be in an even more unfortunate emotional state.

Jericho’s argument, “If she wanted her parents to know she would have told them” is not completely valid.  While it is true that fear of her parents’ reaction may hold her back from notifying them about her decision to have an abortion if law obligates her, to notify them she will be required to get over that fear and disclose her decision.  A teen may very well want her parents to know about her decision but again, she could be wary of the reaction and if it is not mandatory that she share her decision she will never get that opportunity to discuss the issue with her parents.  Jericho also suggests that if notification is necessary, it should only include the involvement of one parent.  Regarding this issue Jericho brings up an instance in which the relationship between mother and daughter is better the one between father and daughter, “Isn’t just more logical to have the caring mother know and understand, then to force the father to drastically change how he views his daughter?”  I answer this question with no for one major reason.  The reason being: the relationship between a mother and a father.  Even if parents are divorced or separated, when there are children involved in most cases, not all, the communication between parents is still present.  Say the teen only confides in the mother but the mother feels it is necessary to inform her daughter’s father of the situation.  How would the pregnant teen feel if her father found out her circumstance from her mother whom she thought she could trust to keep the information private?  This is why it is so important to open the door of communication with both parents since they are or at some point have been a pivotal figure in her life.

Now, I would like to address some issues raised by Haylie and Katie.  Haylie states, “13% of all pregnant women’s deaths are due to illegal abortions (emedicinehealth 2009). This is a current issue that is affecting millions of women and must be addressed. A woman over the age of 16 should not be required to obtain parental consent or be forced to notify their parents.”  While I do agree that a minor should not be required to obtain consent, I do feel that notification is necessary.  Also, the “13% of pregnant women’s deaths due to illegal abortions” do not necessarily occur because of notification laws.  Haylie also states, “According to the Guttmacher Institute, 68,000 women die a year due to unsafe abortions, while 5.3 million face temporary or permanent disability, ranging from infections to injured internal organs (Warriner 13).”  Again, these deaths are not necessarily the result of parental notification laws.  In fact, I believe in some cases, had parents been notified about their pregnant teen’s situation they could have provided their teen with support and information that would help her arrange a safe abortion.

In her debate Katie states, “I believe all four parents must make a decision on whether or not to have an abortion because the person impregnating the teenage girl must be responsible for his role”.  I agree that the young man involved does need to take responsibility for his decision to have sex as well, but I also agree with numerous comments left on Katie’s debate saying how “unrealistic” this suggestion is.  The parents of the pregnant teen’s partner have absolutely nothing to do with her body.  While it is important that her parents be notified (not consent) since they birthed and raised her, it is completely impractical for his parents to have any say.  As I have stated many times before, I do not agree with parents making a decision for their pregnant teen.  Katie states, “A parent’s job is to support their children”.  I do agree with this statement, but support does not have to mean overpower and decide for the teen.  Support can be given in the form of advice or suggestions leading up to the abortion, and if the teen still decides to have the abortion they will be able to care for her afterwards because they have been notified and also been able to follow the situation through.  Notifying both parents about their daughter’s decision to have an abortion allows the teen to get the care she deserves from people who know her.

If a child under the age of 18 gets pregnant, that teenager who could be even younger needs to get parental consent to have an abortion. Becoming pregnant is not only a life changing thing for the young lady carrying the child, but also for the parents of that young lady who’s lives will be changed whether or not the baby is born. An important aspect I think our laws forget is the father of the baby. If the father is also under the age of 18, I believe that his parents must also be a part of the decision making. If either of the teenagers come from divorced families, the official guardians have the right to give consent. Because the parents of the unborn baby are still children themselves, and their parents are still responsible of them. All four of these potential grandparents will have to deal with the repercussions of a baby being brought into this world or not.

I believe all four parents must make a decision on whether or not to have an abortion because the person impregnating the teenage girl must be responsible for his role. If the teenager does get an abortion, and suffers emotionally or physically, the male who got her pregnant should know, as should his parents, if he is under the age of 18. If for some reason the male is over the age of 18, laws concerning sexual relations would need to be considered, and hopefully there would be court action against the male.

Teenagers cannot make this decision on their own because they are not equipped to raise a baby. The education these children receive is not enough to raise a child. The birth of a baby is a very expensive process, and two teenagers working full time will not be enough to support the baby and themselves. Also, once the baby is born, they must consider if the mother will continue to work, or if they can afford childcare. This is another reason why the parents of the teenagers must give consent to an abortion, because if they aren’t willing to help the teenagers once the baby is born, it may be wiser to terminate the pregnancy.

Abortion Parental Notice Laws: Irrational, Unnecessary and Downright Dangerous mentions that “Teenagers may suffer abuse when their parents discover they are pregnant; other teens are thrown out of the house.” I am not disagreeing with this statement, however, some parents may not want to raise another child, and if the teenager is making the decision to raise a child it is acceptable for the parent to ask the teenager to move out, which would start the emancipation process. If teenagers didn’t have to get consent for abortions from their parents, the parents would not be able to properly care for their teenagers. A parents job is to support their children, and while even after the age of 18, a parent will still view the now adult as a child, the parent will continue support. However, the child cannot make his or her own decisions about bringing another life into this world.

If the teenagers want to become emancipated so they can go through the abortion without consent, they may go through the court process. This is in agreement with The Impact of Laws Requiring Parental Involvement for Abortion which states the “As a matter of U.S. constitutional law, if a state requires parental involvement in a minor’s abortion, it must also provide her with the opportunity to go directly to a court to waive the parental notice or consent requirements, and authorize the abortion.” I disagree with the constitution on the point of waiving parental notice. If a teenager wishes to become emancipated, they must tell their parents why, because I feel the parent should know what their child is dealing with, and help reduce the child’s suffering.

In response to the fear that teenagers will attempt to cross state lines to receive abortions without restrictions, that is something we cannot control. All we can do is make laws that are best for our citizens and hope that the legislature in other states is best for their citizens. 18-20 year olds from boarding states go to Canada for the weekend to consume alcohol, and we aren’t lowering our drinking age because of their travel choices. Likewise, people travel to Mexico to consume alcohol. So, unless we are going to start matching our neighboring countries on their policies, I do not see why we should match our neighboring state policies. We should have the laws we feel are best for our state’s citizens and hope that the citizens in other states will want what we have.

For the teenager women who say that the law and their parents do not have control over her body, they must realize that other laws require parental consent. For example, teenagers are not allowed to pierce their ears is Minnesota without a parent being there and giving consent. Piercing your ears is usually not a life changing experience, however, parents still need to give consent for that.

I am not trying to punish girls for getting pregnant, nor am I trying to push them into a situation where their parents may force them to have a child. However, I am trying to make the situation of a teenager having a baby a process that includes all of the people affected. In order to do that I would encourage the policies of obtaining birth control to be easier, and less about parental consent. If a teenager were to get pregnant after using birth control, then the parents should be notified, and would need to give consent if their teenager wanted an abortion.

Imagine a young teenage girl under 18 years of age has just aborted her child.  She has not told her parents about her decision and now she must recover, emotionally and physically, on her own.  What if her abortion does not go as expected?  At the very least, she is at risk for heavy bleeding, infection, an incomplete abortion and a large number of other possible physical complications.  Her parents have no knowledge of what she has been through and are unable to give her the help and support she needs because they have been left in the dark.  Though she did not know what her parents’ reaction would have been she refrained from telling them about her pregnancy and decision to have an abortion because she assumed they would not have given her any support.

Had the young girls’ parents been at least notified about her abortion, by her physician and or herself, they would have had the option to provide guidance or be by her side during her recovery.  I am in no way saying her parents should make the decision about her body for her, but it should be necessary that they be given the opportunity to be notified of this choice.  Because minor pregnant girls are still children themselves I believe that both parents of the pregnant teen be notified of her abortion at least 48 hours before it happens.  In most cases, this notification will ensure the girl is getting the proper care and following the necessary steps for recovery.

According to the Guttmacher Institute, in the United States today, eleven states require that at least one parent is notified of a minor’s abortion and two states require that both parents be notified prior to a minor’s abortion (Guttmacher, 2009).  Some might argue, requiring notification is an intrusion of privacy and only places more stress on the minor.  The notification is not simply meant to impose; it is intended to provide the minor with an array of ideas, opinions and thoughts she may not have otherwise been aware of.  While I realize that some parents may not be understanding of their daughter’s pregnancy, notifying them will open a line of communication and could possibly help disapproving parents realize their daughter is reaching out to them for help.  She needs them now more than ever.  Caitlin Borgman notes, “studies have shown that most pregnant teens [6 out of 10] voluntarily involve their parents in abortion decisions” (Borgman, 2009).  This shows that the majority of these children are unable to make an educated choice without input from their parents.  The final decision, of course, remains in the hands of the minor but requiring parental notification, the minor’s parents are able to maintain their rights as parents and offer direction and guidance just as they have done while raising their daughter.

Like I said before, the choice is ultimately in the hands of the minor, however by notifying the parents there is a large chance that the young girl will reconsider and not go through with the abortion.  This is the hopeful outcome of parental notification so young pregnant girls will not have to suffer the risks and the dangers of abortion.  Theodore Joyce, Robert Kaestner, and Silvie Colman examined changes in abortion rates in Texas since the parental notification law was enforced in Texas beginning in January 2000.  This law “requires physicians to notify a parent of a minor child seeking an abortion at least 48 hours before the procedure” (Joyce, Kaestner, Colman, 2006).  After the study it was found that “enforcement of Texas’ parental notification law was associated with a decline in abortion rates among all minors” (Joyce, Kaestner, Colman, 2006).  Texas has not been the only state studied regarding this issue.  Michael New examined the effects of parental notification laws in Minnesota and Mississippi.  He concentrates on the effect of two-parent notification laws and one-parent notification laws.  Minnesota began enforcing two-parent notification laws in 1990 and Mississippi was not far behind in 1993.  New’s findings reveal that two-parent notification laws are far more effective in protecting the physical well-being of minor girls, “Overall, laws requiring the involvement of two parents result in a 31.4 percent decline in the minor abortion rate. Conversely, parental involvement laws requiring the involvement of only one parent result in a minor abortion rate decline of 13.5 percent” (New, 2008).  These findings indicate the two-parent notification law is effective and clearly provides minors with options, aside from abortion, they were either unaware of or too afraid to ask about.

Again, for health and safety reasons it is in the minor’s best interest to notify her parents of her plans to have an abortion.  Even those opposed to infringing on a minor’s rights, like Caitlin Borgman, argue, “Healthcare providers should always strongly encourage teens to involve their parents” (Borgman, 2009).  Borgman also states, “The Supreme Court has held that teen girls, like adult women, have a constitutional right to determine” (Borgman, 2009).  Read that statement again.  What do you notice?  I read, “teen girls” and “adult women”.  There is the exact reasoning behind parental notification!  These minors are girls they are not adults. They need adults to be there for them should anything go wrong during the procedure if girls choose to go through with it.  Even pro-choice President Obama has “expressed interest in lowering the incidence of abortion” (New, 2008).  The only way to lower the “incidence of abortion” is to require minors to notify parents about their decision to have an abortion.  As stated many times before, this notification will open a line of communication and perhaps open the teen girl’s eyes to new possibilities and prevent her from taking such extreme and hazardous measures.  And again, if parents are unable to prevent their teen daughter’s abortion at least notification will allow them the opportunity to care for their daughter after she has had the procedure.

*References:

Borgmann, Caitlin (2009). “Abortion Parental Notice Laws: Irrational, Unnecessary and Downright Dangerous” Jurist, 1

Colman, S., Joyce, T., R. Kaestner (2006).  Changes in Abortions and Births and the Texas Parental Notification Law.

Guttmacher Institute (2009).  “An Overview of Minors’ Consent Laws”.

New, Michael (2008).  “A Parental Involvement Opportunity”.

New, Michael (2008).  “The Effect of Parental Involvement Laws on the Incidence of Abortion Among Minors”.

*all links listed on POL 285 SPP Debate Club Page.

Sarah Johnson was seventeen years old when she discovered that she was eleven weeks pregnant. As an honor roll student and active in her high school, she never would have imagined this situation to occur. She was accepted to a well respected college and had big plans for her future. Being raised in a strongly Catholic family and community, Sarah was forced to hide her pregnancy. Her state required parental consent and notification in order for her to undergo an abortion. The thought of having to sit down with her parents, attempting to explain the situation made her sick. She did everything she could think of to try to miscarry. She forced herself to drink poison, ran into walls, and even used a coat hanger to try to pass the fetus. Finally, Sarah decided she couldn’t do it alone. She was referred to a physician who would be willing to perform the abortion illegally. After the abortion was performed, Sarah developed intense bleeding and eventually was taken to a doctor where she discovered that she developed a severe infection. A few weeks later, Sarah Johnson died from the illegal abortion.

It is often found that when attempting to make an argument, some people look to extreme situations in order to prove a point. Sarah’s story is by no means an extreme case. 13% of all pregnant women’s deaths are due to illegal abortions (emedicinehealth 2009). This is a current issue that is affecting millions of women and must be addressed. A woman over the age of 16 should not be required to obtain parental consent or be forced to notify their parents. A minor under the age of 16 should also be eligible to receive an abortion if they first attain a court approved statement determining sufficient mental capacity to endure the procedure. With these ideas in mind, it is important to discover why teens hesitate to gain parental consent or notification, the dangers of back alley abortions, which can be defined as illegal abortions conducted by non registered physicians, , and the alteration in current abortion legislation.

Many pregnant teens are put into a traumatic experience of being forced to tell one or both parents about the pregnancy. While some teenagers may have supporting and understanding parents, others may not be so lucky. Fear of getting kicked out of their home, eternally disappointing their families, or terrified of a physically or mentally abusive parent’s reaction are all reasons a teen would withdraw from gaining parental consent and/or notification. With these matters in mind, it is also prudent to understand the timeline of an abortion. It is safest to undergo an abortion in the first trimester of a pregnancy. The farther into that trimester, the more dangerous it becomes. A teen may hesitate to approach a parent about this issue to such an extent that they miss the deadline. In an even worse situation, a teen may decide to travel to another state that does not require parental consent or notification in order to avoid telling a parent. Feeling pressured to do this as a teen is stressful, dangerous, and unnecessary. The outcome of this governmental pressure put on pregnant teens has led to many unsafe abortions.

Back alley abortions are one of the leading causes of severe injury and deaths for pregnant women. Before the Roe v. Wade Supreme Court case, which gave pregnant women the choice to keep or abort their baby, illegal abortions were a very common solution. The lucky ones who undergo back alley abortions are those who walk away with minor or limited physical harm. According to the Guttmacher Institute, 68,000 women die a year due to unsafe abortions, while 5.3 million face temporary or permanent disability, ranging from infections to injured internal organs (Warriner 13). It is much more prudent to allow a healthy alternative for these individuals as opposed to forcing them to seek more dangerous alternatives.

In order to achieve this, the federal government must alter the current regulation of minors seeking abortions. This must be controlled by the government to ensure safety for all Americans, regardless of their age. Forcing a minor to deal with this matter by themselves is wrong and only leads to desperate decisions. Recent studies have shown that most teens confront at least one parent about the pregnancy in the first place. (Borgmann 1). While this involves most teens, it does not include all. The law must protect everyone, regardless of how understanding or supportive a parent is.

In summation, the federal government should take control of the abortion issue in its entirety. A bill must be passed to outlaw a state to require parental consent or notification for minors 16 and older in order to protect the health of these young adults. Also, it must order states to provide the option for minors under 16 to receive the procedure if approved through the court. Abortion, if performed by a licensed physician, is a safe procedure. The current legal status in regards to minors is forcing young women alone to risk their lives through desperation. These laws must be changed to help protect those who are unable to protect themselves. Caitlin Borgmann expressed this issue in perfect terms. “States continue to enforce these restrictions despite evidence that they do not serve their intended purpose, and are unnecessary for most teens and downright dangerous for others. It is worth a pause to reflect on these laws that now seem scarcely to merit a yawn from the courts” (Borgmann 1).

References:
Borgmann, Caitlin (2009). “Abortion Parental Notice Laws: Irrational, Unnecessary and Downright Dangerous” Jurist, 1

EMedicineHealth (2009). Abortion Overview. Accessed 9-24-09. Website: http://www.emedicinehealth.com/abortion/article_em.htm

Warriner, Ina K., & Shah, Iqual H. (2006) “Preventing Unsafe Abortions and its Consequences” Guttmacher Institution 1-247. Accessed 9-24-09. Website: http://www.guttmacher.org/pubs/2006/07/10/PreventingUnsafeAbortion.pdf

Katie Cummings
Leigh Ann Mason
Haylie Neitzell

Commenters: Keisha B, Mara B, Colleen J, Megan M, Natalie O, Colleen P, JaNaye S, Jeri W

Should Parents Have the Right to Prevent Their Minor Daughters from Having Abortions?
Even if they don’t have to give consent, should parents be notified if their minor daughters choose to end their pregnancies? Laws requiring that young women notify or get the consent of their parents before ending pregnancies are fiercely debated on the perimeter of the controversy about the constitutional right to abortion. Supported in the landmark case of Planned Parenthood v. Casey in 1992, there is disagreement about whether these limits reduce abortion rates and how they affect teen sexual behavior, but whatever their statistical effect, the laws raise important questions about the rights of minors.