No. Minors can consent to all of these services on their own without an adult’s permission. Also, most family planning clinics receive federal funding and by law must keep all information confidential, and cannot notify parents without the youth’s permission.
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.
Health services for pregnant teens can be provided through Medical Assistance (MA) and private insurance. Most minors will be eligible for MA and services through the Health Beginnings Program. See the Prenatal Care and Health Care Resources Fact Sheet for more information on how to access prenatal care and services for your child.
Most health care providers are able to provide or refer you for options counseling. Options counseling involves discussing topics like: carrying the child to term, abortion, and adoption. For more resources on options counseling call the CHOICE hotline at 215-985-3300 if you are in Philadelphia and 1-800-848-3367 outside of Philadelphia. You can also call your local health care center. You can find out where your local health care center is at:
http://www.phila.gov/health/units/ahs/HealthCenter_map1.htm.
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 or guardian before performing an abortion on a minor who is not emancipated.
If a parent refuses to consent or if the minor does not want to ask for her parent’s consent, the minor can ask for a Judicial Bypass so that the court will give the minor permission to get an abortion. The petition is filed with the Court of Common Pleas of the judicial district in which she lives or where she is seeking an abortion. The court can give the minor authorization to get an abortion.
The court will give the doctor permission to give the minor an abortion 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. A youth can get help filing the petition for a judicial bypass by the court and can be appointed an attorney. If you need help finding an attorney to help you, call the Women’s Law Project at 215-928-9801 or www.womenslawproject/brochures/wlp_teen_piece.pdf.
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 the appeal within five business days of its receipt. All court hearings are confidential.
In Pennsylvania, Medical Assistance does not cover abortions unless the pregnancy is life-threatening or is the result of rape or incest. The minor and her doctor will need to provide a statement that one of these conditions exists. You also need to provide proof that you have reported the rape to police unless your doctor signs a form that it is not in your best interest to report the rape.
If you need help paying for an abortion, call CHOICE at 1-800-848-3367. If you live in Philadelphia, you should also call the Women’s Medical Fund at 215-564-4070. If you live in the Pittsburgh area, call the Western Pennsylvania Medical Fund at 412-327-6477. You can also call the National Abortion Federation Hotline at 1-800-772-9100.
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.
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.
A pregnant teen can begin the process by talking with a counselor at private or public adoption agencies. The mother cannot give up her rights to her child and provide consent for the adoption until the baby is at least 72 hours (three days) old. The father can sign a consent as soon as he learns of the birth of his child.
To be valid, 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.
In Pennsylvania, there is no open adoption so once a parent’s rights are terminated the parent has no legal right that can be enforced by a court to see the child unless the adoptive parents allow it.
Yes. Like any parent, 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. If consent is forced, it is not voluntary, and is not valid.
If you have further questions about Reproductive and Family Planning Rights and Resources, contact:
Planned Parenthood of South Eastern Pennsylvania 1(800) 230-5595 or go online at www.ppsp.org
The CHOICE hotline at 215-985-3300 or 1(800) 848-3367
Last updated: Summer 2007
