Legal Barriers To Minors Accessing Abortion
Written by Ariana King, Culture Editorial Assistant, and illustrated by Abbey Meyer, Assistant Arts Curator
Abortion has been legal in the United States since Roe v. Wade was decided in 1973 (Planned Parenthood, 2020). It’s a right under the law—a right that should be neutral and afforded to all people. Yet, the law isn’t neutral.
Inevitably influenced by culture, Wisconsin State law reflects certain societal stigmas around abortion care that prevent pregnant people from exercising their right to bodily autonomy. Unlike our neighbors Illinois and Minnesota, Wisconsin requires minors—those under the age of 18—to get consent from a parent, foster parent, sibling, grandparent, aunt or uncle over the age of 25 in order to get an abortion (Wisconsin State Legislature). To get past this requirement, a judicial bypass is required (Guttmacher Institute, 2020).
And as you can imagine, this is no easy feat. To start, scheduling an appointment to get this bypass is challenging. In Dane County, the courthouse is only open Monday through Friday from 7:45-4:30 PM. These hours are pretty inflexible for many working adults and are even more so for minors.
Due to lack of parental support, the minor would have to find their own transportation and most likely leave school early, as the court’s hours collide with those of most K-12 schools. The timing of the appointment is also particularly important, since delaying abortion care only increases the cost (Khazan, 2015).
Once a petition is filed and the initial appearance is scheduled, the minor has to wait an additional 48 hours for the judge’s decision (Wisconsin State Legislature). All of this works to delay the procedure and eat up more of the minor’s time. In addition to the court procedure, the minor still has to take two trips to the abortion clinic to complete the procedure, due to the 24-hour waiting period mandated by state law (Guttmacher Institute, 2020).
Getting to the clinic and petitioning a judge is a big mountain to climb, and it is clear that legislators intentionally engineered these restrictions to disenfranchise minors.
One theme that kept making appearances throughout the Wisconsin state statute is the idea that the rights of the parents—the minors’ mom and dad—were more important than those of the pregnant person’s. This is most evident in the law’s rationale that expresses concern that the “family unit” may be threatened if the pregnant minor acts without consent (Wisconsin State Legislature).
It also asserts the parents’ right to raise (read, control) their pregnant child (and their bodily autonomy). Unfortunately, this trend of minors being “unable” to know what is best for their lives and their bodies is all too common in anti-abortion rhetoric.
When it comes to justifying a petition to a judge, or even the ability of a physician to perform an abortion for a minor without parental consent, additional restrictions apply. For instance, physicians can only bypass parental consent if there is a medical emergency, the pregnant minor swears the pregnancy was a result of sexual assault or incest or if the minor is at risk to harm themselves (Wisconsin State Legislature).
These limitations disregard a pregnant person’s ability to make private healthcare decisions, acting as a form of social control. They characterize minors as “immature” and incapable of making informed, responsible choices.
An additional barrier faced by survivors of incest and sexual assault is that using the abuse as a justification for a judicial bypass requires the state and/or physician performing the abortion to report it (Wisconsin State Legislature). Not only does this go against many survivor’s wishes, but it could also delay the abortion altogether if the minor has a hard time coming forward or finding another rationale for the bypass.
This clause also disproportionately affects people of color, who are much more likely to be victims of sexual abuse (End Rape on Campus). For instance, black women deal with intimate partner violence (IPV)—“rape, stalking, or physical assault”—35% more than white women and are two and a half times more likely to encounter IPV than other women of color (Women of Color Network, 2006).
Native American/Alaskan Indian women are also at significant risk, with almost 38% of the population experiencing IPV (Women of Color Network, 2006). Compounding this is also a deep sense of distrust in the justice and healthcare systems due to generations of trauma that could prevent a minor of color from seeking a judicial bypass or receiving abortion care (Frakt, 2020).
As evidenced by a detailed review of Wisconsin state law, parental consent can be a significant barrier for minors who seek an abortion. In addition, minors often lack access to money, transportation, housing and other resources essential to acquiring the judicial bypass in the face of parental disapproval. At the end of the day, biased laws like this severely limit minors’ ability to exercise their bodily autonomy and full reproductive rights.
Yet, there are groups out there looking to combat the parental consent law and call other abortion advocates to do the same.
For instance, the Illinois Caucus for Adolescent Health (ICAH), works to educate both teens and adults about sexual health in an accurate, age and culture-sensitive and trauma-informed way. ICAH also leads a campaign to end the Parental Notification Law in Illinois in which minors under the age of 17 must notify a family member at least 48-hours in advance of getting an abortion. The family member does not have to consent, but must be notified (Illinois Caucus for Adolescent Health).
They offer advocates tangible ways to help, including signing their petition, contacting state legislators, using #StopPNA to share stories or personal reflections, giving minors information to connect with the Judicial Bypass Coordination Project and encouraging young people to share their stories to raise awareness about the issue (Illinois Caucus for Adolescent Health).
On a national level, abortion advocates can take the pledge to defend abortion rights in the United States by signing up with the American Civil Liberties Union (ACLU) to stay informed and up-to-date on the current threats to abortion access. The ACLU is also a great database to gain knowledge about the ins and outs of the legal policies that restrict people from accessing abortion care—you can read an in-depth analysis of the parental consent law here (American Civil Liberties Union, 2020).
Advocates for Youth is also a great resource for both information on reproductive justice issues and specific toolkits on how to make a change (Advocates for Youth, 2020). With knowledge, initiative and guidance from all these great organizations, everyone has agency and importance in the fight against parental consent laws.
Sources:
Advocates for Youth. “Abortion and Parental Involvement Laws.” Advocates for Youth.org. 2020.
American Civil Liberties Union. “Pledge to Defend our Abortion Rights.” ACLU.org.
American Civil Liberties Union. “Laws Restricting Teenagers’ Access to Abortion.” ACLU.org. 2020.
End Rape on Campus. “Prevalence Rates.” End Rape on Campus.
Frakt, Austin. “Race and Medicine: The Harm That Comes From Mistrust.” The New York Times. January 13, 2020.
Guttmacher Institute. “State Facts About Abortion: Wisconsin.” Guttmacher Institute. 2020.
Illinois Caucus for Adolescent Health. “Youth Education.” ICAH.org.
Khazan, Olga. “Waiting Periods and the Rising Price of Abortion.” The Atlantic. May 26, 2015.
Planned Parenthood. “Roe v. Wade: The Constitutional Right to Access Safe, Legal Abortion.” Planned Parenthood. 2020.
Wisconsin State Legislature. https://docs.legis.wisconsin.gov/statutes/statutes/48/VI/375
Women of Color Network. “Women of Color Network Facts & Stats: Domestic Violence in Communities of Color.” June 2006.