Minor's Rights Versus Parental Rights: Review of Legal Issues in Adolescent Health Care

Ann Maradiegue, C-FNP, MSN

J Midwifery Womens Health. 2003;48(3)

Clinical Implications for Practice

Adolescent health experts agree that adolescents will not seek care unless they are assured of confidential services.^[4,6] In an interview with Abigail English, legal counsel at the Center for Adolescent Health Policy and the Law; she said that it is appropriate for the minor to be the one to exercise the privacy rights under the HIPAA regulation. Women, including minors who seek confidential services, closely relate confidentiality to the use of health care services. For example, a young woman who has seen her regular clinician for family-planning services might come home to find a bill has been sent to her parents even though the minor legally obtained those services without involving the parent. These types of communications can seriously compromise the privacy of an individual and may even deter the individual from seeking further treatment (October 15, 2001). Understanding the confidential services that adolescents are entitled to helps clinicians deliver appropriate care to this age group.

Clinicians have a window of opportunity to provide primary prevention strategies to youths who may reduce adolescent health risk behaviors, possibly even reduce the initiation of high-risk sexual behavior during an office visit. Creative, age-appropriate strategies include an adolescent-friendly waiting area with brochures, educational videos, and educational computer programs.^[52]

1 2 3 4 5 6 7 8

Next Section

Reprint Address

Address correspondence to Ann Maradiegue, George Mason University, College of Nursing and Health Science, 6150 Beachway Drive, Falls Church, VA, USA 22041-1429.

Cite this: Minor's Rights Versus Parental Rights: Review of Legal Issues in Adolescent Health Care - Medscape - May 01, 2003.

Table 1. Legal History of the Abortion Debate
Year	Case
Up to mid-1800s	Abortion was legal and common.
By 1900	Abortion is illegal virtually across the country.
1965	Griswold v Connecticut Supreme Court (SC) overturns Connecticut law prohibiting use of contraceptives by married couples.
1972	Eisenstadt v Baird SC strikes down law banning distribution of contraceptives to unmarried adults.
1967 to 1973	Seventeen states rewrite their abortion laws. Four states repeal their bans entirely (AK, HI, NY, and WA).
1973	Roe v Wade strikes down Texas law banning abortion. The court divides pregnancy into trimesters and declares during the first 13 weeks the decision is between the woman and her physician.
1976	Planned Parenthood of Central Missouri v Danforth SC strikes down requirements for parents and spouses to consent to abortions.
1980	Harris v McRae SC upholds Hyde amendment, which restricts Medicaid funding of abortions to those procedures needed to protect the life of the mother and other special circumstances.
1983	Akron v Akron Center for Reproductive Health SC invalidates city ordinances requiring all abortions after the first trimester be performed in a hospital and that parental consent for abortion be required for girls under 15.
1986	Thornburg v American College of Obstetricians & Gynecologists SC strikes down PA statute requiring a woman seeking abortion to receive from her doctor a state-sponsored lecture about potential risks and detailing alternatives.
1989	Webster v Reproductive Health Services SC upholds a MO law banning the use of public employees or facilities for abortion, and requiring physicians to determine the viability of fetuses of more than 20 weeks' gestation.
1992	Planned Parenthood of Southeastern Pennsylvania v Casey SC upholds Roe v Wade but abandons trimester plan and adopts new test—abortion regulations that present an "undue burden" on women's constitutional right will be prohibited.

Table 2. Parental Notification Requirements in State Laws for Abortion Services Provided to Adolescents*
Legal Requirements	State
No requirements	CN, DC, HI, NH, NY, OR, VT, WA
Parental notification required	AR, CO, DE, FL, GA, IA, IL, KS, MD, MN, MT, NE, NJ, NV, OH, SD, TX, UT, VA, WV
Parental consent required	AK, AL, AZ, CA, ID, IN, KY, LA, MA, ME, MI, MO, MS, NC, ND, NM, OK, PA, RI, SC, TN, WI, WY
*Detailed information on state abortion and contraceptive laws can be obtained at the following Web sites: Planned Parenthood at www.plannedparenthood.org, the Alan Guttmacher Institute at www.agi-usa.org, and American Bar Association at www.abanet.org.

*Detailed information on state abortion and contraceptive laws can be obtained at the following Web sites: Planned Parenthood at www.plannedparenthood.org, the Alan Guttmacher Institute at www.agi-usa.org, and American Bar Association at www.abanet.org.

Comments

Commenting is limited to medical professionals. To comment please Log-in.

Comments on Medscape are moderated and should be professional in tone and on topic. You must declare any conflicts of interest related to your comments and responses. Please see our Commenting Guide for further information. We reserve the right to remove posts at our sole discretion.

processing....

Minor's Rights Versus Parental Rights: Review of Legal Issues in Adolescent Health Care

Clinical Implications for Practice

Tables

Tables

References

Authors and Disclosures

Authors and Disclosures

Comments

Email This

Feedback