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Understanding Your Rights

Legal Restrictions on Having an Abortion

There are plenty of things a woman should be informed of when she is deciding whether to get an abortion. You’ve got a lot on your mind, and one thing you may not be thinking of are the legal aspects of abortion.

The truth is that abortion laws are continually changing. Although Roe v. Wade made first-trimester abortion legal nationwide, each state has the right to apply its own laws to the abortion process as long as those laws don’t place an undue burden on women seeking abortion. Laws vary, but in general there are four that may affect you, depending on where you live: notification, consent, informed consent, and the 24-hour rule. As you sort through the choices you have to handle your unplanned pregnancy, you’ll want to know the law regarding your situation.

Notification
The actual application of this law depends on whether you’re married or a minor. In some states, a married woman must notify her husband if she intends to terminate a pregnancy. Many states have struck down this law, saying it places an undue burden on women. In nearly all 50 states, however, minors must notify at least one parent before they can receive abortion services. This law goes hand-in-hand with the next law, which is consent.

Consent
Notifying your parents that you’re pregnant isn’t always enough for a minor. Many states also require parental permission. Realizing that this can be an undue burden for some, states have written in what’s called a judicial bypass. A minor can appear before a judge who will determine if she is mature enough to make an informed decision regarding abortion. If so, the judge will provide consent and waive the notification requirement.

Informed Consent
This law is quite different from consent. Informed consent laws require that the patient be aware of all the risks, possible outcomes, and any other information before having an abortion. A physician or other qualified person usually conducts these consultations. States often require consultations be done in person, but some allow phone consultation if distance is a problem. You usually will have to sign a release stating that you have been informed of the procedure and any risks and that you consent to
having it.

This is where pre-abortion counseling is so critical. You will be told exactly what you can expect both physically and emotionally, understand possible complications and risks and the likelihood of any happening, and feel assured that you have made the right decision for your situation.

The 24-hour rule
Time can be a factor in getting an abortion, and you might feel rushed to make a decision without getting the chance to really think things through. That’s why some states have a 24-hour waiting period from the time you call to make an appointment to the time you can have the procedure. This rule applies to minors and adults. The waiting period is a great time to seek counseling if you haven’t already done so and give you a chance to think about all your alternatives before you make the final choice.

Get help
Each state’s laws vary. A counselor can guide you through the law so you can rest assured you’ve got everything covered. You’ve already got so much on your mind. Get help to understand the laws regarding your choices.

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