Teenage girls face the same legal choices concerning parenthood as adult women, although the law does treat them differently in certain ways. Additionally, minors who are parents generally have the same rights and responsibilities to raise their children and to make decisions concerning their welfare as do adult parents. This fact sheet will outline the rights of teenagers when they are pregnant and when they become parents as well as the challenges that they face because of their minority (under age 18) status. In this fact sheet, when we refer to “teenagers”, we refer to minor children thirteen years old or older, but not yet eighteen. Eighteen-year-olds and nineteen-year-olds are both teenagers and adults.
Yes. A teenager who is pregnant or has been pregnant can consent to her own medical care, including prenatal care. A minor who seeks an abortion in Pennsylvania, however, will either need to obtain her parent’s or guardian’s consent or a court order. See the section on abortion below for more information.
Health services for pregnant teens can be provided through Medical Assistance (MA) and private insurance. Most minors who are eligible for public assistance through Temporary Aid to Needy Families (TANF, formerly known as AFDC) also qualify for Medical Assistance. Basic health care services provided through MA must consist of prenatal, delivery and postpartum care.1 Prenatal services can also be provided by a program called Healthy Beginnings. These services can be obtained through Medical Assistance, but will also be provided to those who voluntarily request the service and do not receive MA. Healthy Beginnings provides services that are specifically targeted at pregnant and postpartum women and their children. The services provided include prenatal health care, parenting classes, and treatment for newborns and children age six and under.2
If a teenager is already receiving benefits through TANF, she will be eligible for Medical Assistance and can receive prenatal care through that insurance program. Healthy Beginnings is a specialized program provided through Medical Assistance that provides prenatal, postpartum, and parenting services. A teenager can qualify for this program itself or can have access to Healthy Beginnings through her general MA coverage.
This coverage continues for her and her newborn through the postpartum period regardless of income.3
Children eligible for the program include newborns up to age one as well as children age one to age six. The baby of a teenage mother may continue to receive services through Healthy Beginnings beyond the postpartum period even if the mother is no longer eligible herself. Additionally, if the child exceeds the age limit while receiving inpatient hospital care, the child will continue to be eligible for benefits until the end of that hospital stay as long as the family remains income eligible.
A case worker may authorize retroactive Healthy Beginnings benefits if the woman has incurred unpaid medical expenses in the three months before the application. A mother who has already given birth can apply and receive retroactive coverage as long as she applies within the month in which the child was born.4
Additionally, when a pregnant woman’s family loses their MA or cash benefits because the family’s income as a whole is over the income limit, the pregnant woman can still remain covered by the Healthy Beginnings Program until the last day of the month in which the 60-day post partum period ended.
A maximum of forty-five days of Healthy Beginnings services can also be provided for those women who are considered presumptively eligible. Eligibility is determined by a provider based on the following conditions:
If a teenager has private health insurance, she should investigate what kinds of services and coverage her insurance provides. A teenager’s parents remain financially responsible for her whether or not she is pregnant unless she is legally emancipated. If a minor is denied financial support by her parents because she refuses to have an abortion, she is emancipated for the purpose of public assistance. In such a case, the teenager most likely will qualify for Medical Assistance and the related prenatal services. 5
In Pennsylvania, except in the case of a medical emergency, a physician must obtain the informed consent of at least one of the minor’s parents before performing an abortion on a minor who is not emancipated.6 If no parent or legal guardian is available to the physician, the consent of any person standing in loco parentis to the child will be sufficient.7
If a parent refuses to consent or if the minor does not want to ask for his or her consent, the minor may file an application with the Court of Common Pleas of the judicial district in which she lives or where she is seeking an abortion. In such a case, only a court can authorize a physician to perform an abortion. A judicial decree authorizing the physician to perform an abortion without parental consent can be issued if the court determines that the minor has given informed consent and is a mature minor, is emancipated, or that it would be in the minor’s best interest.8 If assistance in drafting the petition is needed by the minor, it will be provided by the court.9 No fee is required for filing this petition. A minor can choose to represent herself at the hearing on her petition, but an attorney will be provided by the court if the minor so desires.10
A court must rule on a petition for consent for an abortion no later than three days after receiving the application. A minor can appeal a decision made by the court and the court must rule on that appeal within five business days of its receipt.11 All court hearings are confidential.
No. The right to decide whether to have an abortion belongs to the pregnant woman. The father’s consent is not required nor does he have a right to be notified.12
In Pennsylvania, Medical Assistance does not cover abortions unless the pregnancy is life- threatening or is the result of rape or incest. The state agency must obtain a statement from the physician performing the abortion that the woman was a victim of rape or incest and that she personally reported the crime, including the name of the offender, if known. The state must also obtain a signed statement from the woman to that effect. However, physicians are permitted to claim that the reporting requirement is not in the best interest of the woman and therefore can be forgone in certain cases.13
Some clinics, however, offer reduced rates to women who are eligible for Medical Assistance. Please see the resource list for more information on facilities offering reduced rates for students and/or recipients of Medical Assistance.
No. Except in a medical emergency where the teenager’s life is at risk, no parent or guardian may force a minor to have an abortion. If a teenage girl feels threatened that this may happen, she can go to the court for assistance. An attorney will be appointed for the pregnant girl and the court will grant whatever relief is appropriate to protect the health and welfare of the teenager and her baby.14
If a minor is denied financial support by her parents because she refuses to have an abortion, she will be considered emancipated by the Department of Public Welfare (outside of her parents’ care and control) for the purpose of receiving public assistance and medical assistance benefits.15 But even when the minor becomes emancipated, Medical Assistance will not pay for abortions unless the mother’s life is in danger or the pregnancy is a result of rape or incest.
Teenagers who have children generally have the same rights as adult parents. Teen parents have the right to custody of their child. Further, a minor who has been married or has had a child can give effective consent to medical, dental, and health services for his or her child.16 Some of the challenges that teenage parents may face, however, will be discussed below.
Teenagers who are under the age of eighteen must have the consent of a parent or that of a judge if they want to marry. Teens under the age of sixteen must have both parental and judicial consent before marrying.17
Teen parents can begin the process by talking with a counselor at private or public adoption agencies. A “putative father” (a male who believes he is the father but is not married to the pregnant teen) may sign a consent to have the baby adopted as soon as he learns of the expected or actual birth of the baby.18 The mother may not sign a consentwhich means that she relinquishes (gives away) her rights to the childuntil the baby is at least 72 hours (three days) old.19 To be valid, a consent must be “voluntary, intelligent, and deliberate,” which means that the consent must not be forced or accepted without presenting the mother with sufficient information about what termination of parental rights will mean and what alternatives and services exist for teen parents. 20
Yes. Like adults, minor parents can give up their children for adoption without their own parents’ consent. However, the minor’s parents must be notified of the hearing at which the minor’s parental rights will be terminated.
No. A teenage parent has the right to make decisions regarding the adoption of his or her child. Additionally, a minor’s consent to give up her parental rights and allow the child to be adopted must be “voluntary, intelligent, and deliberate.”21 the teenager’s consent to allow her child to be adopted is forced by her parents, such consent will not be valid.
The father’s parental rights are based on marriage to the mother or the establishment of paternity. Biological fathers who have demonstrated a commitment to the responsibilities of parenthood do have an interest in their child, but a biological link itself will not guarantee parental rights.22 If a man’s parental rights are established, he has the same rights to the child as the mother. Both parents should know that having the father’s name placed on the birth certificate does not itself establish paternity.
If the mother and father are married when the child is born, the father’s parental rights are clearly established. If the mother then seeks to relinquish her rights to the child, the father does not lose his parental rights and can contest any attempt the mother makes to have the child adopted. As long as the father is able to care for the child, he will maintain his parental rights.
If the mother and father are not married, the father can file an acknowledgment of paternity in order to preserve his rights. The petition is filed with the Department of Public Welfare on forms provided by the Department. This acknowledgment by the father should include the agreement of the mother, which is supported by an affidavit. By this acknowledgment, the father will have the same duties and rights as the mother and will need no further proof to validate paternity.23 At the child’s birth, the hospital should provide the newborn’s parents with an opportunity to complete an acknowledgment of paternity and should forward it to the Department of Public Welfare.
The hospital should also inform the parents of the consequences of acknowledging paternity, such as child support responsibilities.24
A minor parent may file an action in court for child support payments.25 the mother will not sign the acknowledgment of paternity, however, she may not seek the court’s enforcement of child support payments from the putative father.
If the mother does not join in the acknowledgment of paternity it becomes a claim of paternity. This claim does not confer upon the putative father any rights, but it does entitle the putative father to notice of proceedings brought to terminate parental rights of the child.26 The putative father may contest the termination and may try to establish paternity, for which purpose the court may order a blood test.
To receive financial assistance through Temporary Assistance to Needy Families (TANF), the mother must cooperate with the Department of Public Welfare to identify the father for support purposes. There are some exceptions to the cooperation requirement, such as cases where notification would put the mother or child at risk.
If the father has not filed a claim of paternity and the mother has begun adoption proceedings, the father must either appear in court when he receives notice of the hearing or file a written objection to the termination of his rights before the hearing takes place. If the father has not filed a paternity claim and does not receive notice of the hearing, the court may terminate the father’s rights. Different courts in Pennsylvania have different procedures for how to proceed if the father has not been given ny notice of the hearing.
No. If the mother is in foster care and/or has been found dependent by the court, this does not mean that her baby will also be found dependent. As long as the mother is properly caring for her baby, the baby cannot be removed from her care whether she is in a foster home or not. Foster care maintenance payments to the mother’s foster care placement can be increased to allow the baby to be placed with the mother.27 These payments can be authorized without finding the baby dependent. Mother/baby placements also are available in some areas through local social service agencies.
If a parent is not living up to his or her obligations to support the child, the other parent can sue for support under special expedited court procedures. The court will establish a sum of money that the parent will be required to pay to support his or her child and will also consider and make decisions about how the parents will provide health care coverage for the child. The support order will take into account the parents’ income and earning capacity.
If a child is being abused or neglected, any individual may notify the local Children and Youth agency or call ChildLine at 1-800-932-0313. The agency will then investigate the report. Sometimes the agency will provide services to help the family, while in some cases the agency may go to court and ask that the child be removed for a period of time so that the problems can be dealt with. For more information see the JLC fact sheet Reporting Child Abuse.
This fact sheet is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this fact sheet may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
Children’s Rights: Facts You Should Know was made possible by a grant from the Samuel S. Fels Fund. Spring 1999.
Last updated: Summer 2007
