Abstract
In the landmark case of Bellotti v. Baird, the Supreme Court assumed both that pregnant teens lack the capacity to make the abortion decision for themselves, and that parental involvement serves as a beneficial counterweight to youthful immaturity. Since this decision, the Court has not wavered from its belief in the interconnected assumptions about teen decisional incapacity and the benefits of parental involvement, despite the growing body of literature documenting the decisional abilities of teens. Compounding this omission, the Court has also failed to consider the fact that minors possess significant medical self-consent rights, particularly when it comes to pregnancy and other sensitive medical decisions.
This article examines how these flaws compromise the integrity of the Court's position. It then presents the results of a research study on the experience of young women in Massachusetts who chose to seek judicial authorization for an abortion, rather than involve their parents. Drawing on in-depth interviews, the article allows young women to be heard within the context of their own lives. Speaking about their decision to abort, their reasons for not involving their parents, and the nature of the court experience, their voices provide a rich counter-narrative to the Court's pinched representation of adolescent reality, and enable us to see how important it is to listen to what teens have to say about their own lives, rather than simply accepting the Court's portrayal of their reality.
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References
Ambuel, B. 1995. “Adolescents, Unintended Pregnancy, and Abortion: The Struggle for a Compassionate Social Policy.” Current Directions in Psychological Science 4: 1–5.
Ambuel, B. & Rappaport, J. 1992. “Developmental Trends in Adolescents' Psychological Competence to Consent to Abortion.” Law and Human Behavior, 16: 129–53.
American Academy of Pediatrics Committee on Adolescence. 1996. “The Adolescent's Right to Confidential Care When Considering Abortion.” Pediatrics, 97: 746–51.
American College of Obstetricians & Gynecologists. 1988. ACOG Statement of Policy.
American Public Health Association, Policy Statements, Sec. 9001. 1991. “Adolescent Access to Comprehensive, Confidential Reproductive Health Care.” American Journal of Public Health, 81: 241.
Appleton, S. F. 1985. “Doctors, Patients, and the Constitution: A Theoretical Analysis of the Physician's Role in ‘Private’ Reproductive Decision.” Washington University Law Quarterly, 63: 183–236.
Bellotti v. Baird. 428 U.S. 132 (1976).
Bellotti v. Baird. 443 U.S. 622 (1979).
Blum, R. W., Resnick, M. D., & Stark, T. A. 1990. “Factors Associated with the Use of Court Bypass by Minors to Obtain Abortions.” Family Planning Perspectives, 22: 159–60.
Blum, R. & Resnick, M. D. 1982. “Adolescent Decision-Making: Contraception, Pregnancy, Abortion, Motherhood.” Pediatric Annals, 11: 797–805.
Cauffman, E. & Steinberg, L. 1995. “The Cognitive and Affective Influences on Adolescent Decision-Making.” Temple Law Review, 68: 1763–90.
Conn. Gen. Stat. Sec. 19a–6011.
Council on Ethical and Judicial Affairs, AMA. 1993. “Mandatory Parental Consent to Abortion.” Journal of American Medicine, 269: 82–86.
Ehrlich, J. S. 2003. “Grounded in the Reality of Their Lives: Listening to Teens Who Make the Abortion Decision without Involving Their Parents.” Berkeley Women's Law Journal, 18: 61–180.
Ehrlich, J. S. 2003. ‘Shifting Boundaries: Abortion, Criminal Culpability, and the Indeterminate Legal Status of Adolescents.’ Wisconsin Women's Law Journal, 18: 78–116.
Ehrlich, J. S. 2000. “Minors as Medical Decision Makers: The Pretextual Reasoning of the Court in the Abortion Cases.” Michigan Journal of Gender & Law, 7: 65–106.
Fried, C. S. & Reppucci, N. D. 2001. “Criminal Decision Making: The Development of Adolescent Judgment, Criminal Responsibility, and Culpability.” Law and Human Behavior, 25: 45–61, 46.
Gilligan, C., Ward, J. V. & Taylor, J. M. 1988. Remapping the Moral Domain. Cambridge, MA: Harvard University Press.
Gittler, J., Quigley-Rick, M. & Saks, M. J. 1990. Adolescent Health Care Decision Making: The Law and Public Policy, 2, The Carnegie Council On Adolescent Development (Working Paper).
Griffin-Carlson, M. S. & Mackin, K. J. 1993. “Parental Consent: Factors Influencing Adolescent Disclosure Regarding Abortion.” Adolescence, 28: 1–11.
Harris v. McRae, 448 U.S. 297 (1977).
Henshaw, S. K. 1998. “Unintended Pregnancy in the United States.” Family Planning Perspectives, Available: http://www.agi-usa.org/pubs/journals/.
Henshaw, S. K. & Kost, K. 1992. “Parental Involvement in Minors' Abortion Decisions.” Family Planning Perspectives, 23: 198–213.
Hodgson v. Minnesota 497 U.S. 417 (1990).
Holder, A. R. 1988. “Disclosure and Consent Problems in Pediatrics.” Law, Medicine, & Health Care, 16: 219–38.
Holder, A. R. 1985. Legal Issues in Pediatrics and Adolescent Medicine. New Haven, Connecticut: Yale University Press.
Jaccard, J., Dittus, P. J. & Gordon, V. V. 2000. “Parent-Teen Communication about Premarital Sex: Factors Associated with the Extent of Communication.” Journal of Adolescent Research, 15: 187–208.
Jaccard, J., Dittus, P. J., & Gordon, V. V. 1998. “Parent-Adolescent Congruency in Reports of Adolescent Sexual Behavior and in Communications about Sexual Behavior.” Child Development, 69: 247–61.
Katz, S. N., Schroeder, W. A. & Sidman, L. R. 1971. “Emancipating Our Children—Coming of Legal Age in America.” Family Law Quarterly 7: 211–41.
King, B. M. & Lorusso, J. 1997. “Discussions in the Home About Sex: Different Recollections by Parents and Children.” Journal of Sex and Marital Therapy 23: 52–60.
Lewis, C. C. 1987. “Minors' Competence to Consent to Abortion.” American Psychologist, 42: 84–88, 86.
Lewis, C. C. 1980. “A Comparison of Minors' and Adults' Pregnancy Decisions.” American Journal of Orthopsychiatry, 50: 446–53.
Luker, K. 1996. Dubious Conceptions: The Politics of Teen Pregnancy. Cambridge, MA: Harvard University Press: 154.
McManus, O. 1986. “May I, Judge?” Boston Globe Magazine, 15 January: p. 14.
Miller, K. S., Kotchick, B. A., Dorsey, S., Forehand, R., & Ham, A. Y. 1998. “Family Communication About Sex: What Are Parents Saying and Are Their Adolescents Listening?” Family Planning Perspectives, 30: 218–22.
Mlyniec, W. J. 1996. “A Judge's Ethical Dilemma: Assessing a Child's Capacity to Choose.” Fordham Law Review, 64: 1873–1916.
Morrissey, J. M., Hofmann, A. D., & Thrope, J. C. 1986. Consent and Confidentiality in the Health Care of Children and Adolescents: A Legal Guide. New York, The Free Press: 41.
Parental Notice Laws—Their Catastrophic Impact On Teenagers' Right To Abortion. 1986. New York, NY: ACLU Reproductive Freedom Project, p. 3.
Planned Parenthood League of Massachusetts, 677 N.E. 2d 101 (1997).
Planned Parenthood of South Eastern Pennsylvania v. Casey, 505 U.S. 833, 877 (1992).
Reddy, D. M., Fleming, R. & Swain, C. 2002. “Effect of Mandatory Parental Notification on Adolescent Girls' Use of Sexual Health Care Services” Journal of American Medicine, 288: 710–14.
Resnick, M. D., Bearinger, L. H., Stark, P. & Blum, R. W. 1994. “Patterns of Consultation among Adolescent Minors Obtaining an Abortion.” American Journal of Orthopsychiatry 62: 310–16.
Roe v. Wade, 410 U.S. 113 (1973).
Sanger, C. & Williamson, E. 1992. “Minor Changes: Emancipating Minors in Modern Times.” University of Michigan Journal of Law Reform 25: 239–354.
Scarnecchia, S. & Field, J. K. 1995. “Judging Girls: Decision Making in Parental Consent to Abortion Cases.” Michigan Journal of Gender & Law, 3: 75.
Schonert-Reichl, K. A. & Muller, J. R. 1993. “Correlates of Help-Seeking in Adolescence.” Journal of Youth and Adolescence, 25: 705–732.
Siegal, R. 1992. “Reasoning from the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection.” Stanford Law Review 44: 261–381.
Society for Adolescent Medicine. 1991. “Position Statements on Reproductive Health Care for Adolescents.” Journal of Adolescent Health, 12: 657–61.
Steinberg, L. & Caufmann, E. 1996. “Maturity of Judgment in Adolescence: Psychosocial Factors in Adolescent Decision Making.” Law and Human Behavior, 20: 249–72, 263.
Thrall, J. S., McCloskey, L., Ettner, S. L., Rothman, E., Tighte, J. E. & Emans, S. J. 2000. “Confidentiality and Adolescents' Use of Providers for Health Information and Pelvic Examinations.” Archives of Pediatrics & Adolescent Medicine, 54: 885–92.
Torres, A., Forrest, J. D., & Eisman, S. 1980. “Telling Parents: Clinic Policies and Adolescents Use of Family Planning and Abortion Services.” Family Planning Perspectives 12: 282–92.
Weinmann, L. L. & Newcombe, N. 1990. “Relational Aspects of Identity: Late Adolescents' Perceptions of Their Relationships with Parents.” Journal of Child Psychology, 50: 357–69.
Weithorn, L. A. & Campbell, S. B. 1982. “The Competency of Children and Adolescents to Make Informed Treatment Decisions.” Child Development, 53: 1588–98.
Whitaker, D. J. and Miller, K. S. 2000. “Parent-Adolescent Discussions About Sex and Condoms: Impact on Peer Influences of Social Risk Behavior.” Journal of Adolescent Research, 15: 251–73.
Zabin, L. S., Hirsch, M. B., Emerson, M. R. & Raymond, E. 1992. “To Whom Do Inner-City Minors Talk About Their Pregnancies? Adolescents' Communication With Parents and Parent Surrogates,” Family Planning Perspectives, 24: 148–54.
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where she teaches courses in family law and the legal rights of women and youth. She is on the steering committee of the Judicial Consent for Minors Lawyer Referral Panel, and also consults with many organizations, including Planned Parenthood and the ACLU's Reproductive Freedom Project, on the legal rights of minors in reproductive health care settings.
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Ehrlich, J.S. Choosing abortion: Teens who make the decision without parental involvement. Gend. Issues 21, 3–39 (2003). https://doi.org/10.1007/s12147-003-0014-z
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DOI: https://doi.org/10.1007/s12147-003-0014-z