If you feel that you cannot have a child or experience a pregnancy at this time in your life,
abortion is an option you might choose. You have the right to make your own decision
about your body and the right to feel supported in whatever decision you make.
Some women may not feel that they are prepared to take on the responsibility of being
pregnant and/or raising a child. There are lots of emotional, economic and social
responsibilities to being a parent, and some women feel that they do not want to or
cannot take on these responsibilities at this time in their life. If you feel this way, abortion
may be the best option for you. In fact, it is estimated that one in every three women will
have an abortion at some point in their life - which means that abortion is a very common
experience and that you are not alone in making this choice.
Your Rights.
Minors access:
A hot topic in the past few years at the national and state level has been access to abortion for minors. If you are a minor under the age of 18, this information is very important for you to know if you are considering an abortion.
Mandatory parental involvment:
Currently, teens in 34 states face mandatory parental involvement laws when obtaining an abortion. Parental involvement laws are commonly called "parental notification" or "parental consent." Parental notification laws require a minor to notify one or both of her biological parents prior to an abortion. Parental consent laws require a minor to gain the consent of one or both parents before she can have an abortion. In most states that have a mandatory parental involvement law, a teen can bypass the involvement of her parents by going to court and obtaining permission from a judge. If you live in Minnesota, the laws regarding parental notification are below. If you live outside of Minnesota, click here to learn about the laws in your state.
Parental notification in Minnesota:
In Minnesota the law requires that both parents be notified before you can have an abortion. Parents do not have to consent (or give permission) for you to have the procedure; they only need to be made aware that you will be having the procedure. You must bring a note to the clinic signed by both parents stating that they are aware that you will be having an abortion. The clinic you go to will be able to help you with this process.
If you feel that you cannot tell your parents about your abortion procedure or you are not in contact with one of your parents you may get a Judicial Bypass. This means that a judge will determine if you are capable of making the decision to have an abortion without the notification of your parents.
Although this process may seem very intimidating or scary at first, the clinic you work with and a guardian ad litem (an adult who helps minors in court) will be able to help you through the process. If you decide to choose this option, tell the clinic when you call to make your abortion appointment that you are a minor in need of a judicial bypass. The abortion provider will most likely proceed with the next step, contacting the guardian ad litem's office. The guardian ad litem will schedule your court date to talk with a judge about your situation.
You'll meet privately with the judge (no one else will be in the room except you, the judge and the guardian ad litem) before your abortion procedure, and he or she will decide if it is in your best interest to have an abortion without telling your parents. In the Twin Cities, this is a relatively common practice, and the guardian ad litem will be there to help you present your case to the judge. If approved, the judge will sign a "waiver of parental notification" for you to take with you back to your doctor. Your doctor will then be able to perform your abortion without any notice to your parents.
Mandatory waiting periods:
In 1992, the Supreme Court, in Planned Parenthood of Southeastern Pennsylvania v. Casey upheld the rights of states to institute mandatory 24-hour waiting periods for abortion services, which involves talking to a physician to receive state-mandated information. Since then several states have imposed mandatory waiting periods for women seeking abortions. In Minnesota, all women having abortions must talk to a doctor at least 24 hours before having their abortion procedure. Most clinics do this by having you talk to the doctor on the phone; however, not all clinics offer this option.
Clinic protesters:
You also have the right to get in and out of any abortion clinic safely. Sometimes protesters will try to keep women from going into an abortion clinic. This is illegal if they try to physically block you. Any person who intentionally blocks your access in or out of a hospital or clinic is guilty of a misdemeanor.
If you are blocked by a protester, you may sue for any damages that happened to you as a result of their inappropriate behavior. You have the right to access health care, and bullies standing in the doorway are not okay.
Roe v. Wade:
In 1973, the Supreme Court decided the case of Roe v. Wade, which made abortion legal for all women for the first time in the United States. This decision allowed women the choice to decide if they are going to terminate a pregnancy, and have the right to receive a safe and legal abortion. Before this case, abortion (except to save a woman's life) was banned in nearly two-thirds of the states.
A few other states allowed abortion in the cases of rape or incest, but safe and legal abortions remained out of reach for most women.
Many women were taking risks, and were having unsafe abortions-often causing permanent damage to their reproductive organs and sometimes even death from internal bleeding or infections. Through the Roe v. Wade court decision, state laws that made abortions illegal were thrown out. The Fourteenth Amendment of the Constitution protects the right to privacy, and the Supreme Court ruled that the right to privacy also includes the right for a woman to decide if she wants to have an abortion.
The state didn't okay all abortions, at all times, under all circumstances. But they did provide some ways that women can access this reproductive health technology without fear of sickness or injury. The Supreme Court's decision in Roe v. Wade is often misrepresented by those who oppose safe, legal abortion. It is often portrayed as giving women the right to terminate their pregnancy for any reason through all nine months of pregnancy. But contrary to the arguments of many abortion opponents, Roe does not provide for "abortion on demand."According to the Court, in the first three months of a pregnancy, abortion decisions must be left to the judgment of a woman and her doctor.
For the next three months, the state government can regulate some abortion procedures, to protect a woman's life or health.
During the final three months, the state may regulate abortions, or even forbid them, except if a woman's life or health is in danger.
