Over the past 30 years, states have expanded minors’ authority to consent to health care, including care related to sexual activity. According to Guttmacher Institute, this trend reflects the 1977 United States Supreme Court ruling in Carey v. Population Services International that affirmed the constitutional right to privacy for a minor to obtain contraceptives in all states.
Even when a state has no relevant policy or case law or an explicit limitation, physicians may commonly provide medical care to a mature minor without parental consent, particularly if the state allows a minor to consent to related health services.
According to Guttmacher,
23 states and the District of Columbia explicitly allow all minors to consent to contraceptive services
24 states explicitly permit minors to consent to contraceptive services in one or more circumstances.
2 states allow minors to consent to contraceptive services if a physician determines that the minor would face a health hazard if she is not provided with contraceptive services/
19 states allow a married minor to consent to contraceptive services.
5 states allow a minor who is parent to consent
5 states allow a minor who is or has ever been pregnant to consent to services
10 states allow a minor to consent if the minor meets other requirements, including being a high school graduate, reaching a minimum age or receiving a referral from a specified professional.
4 states allow have no explicit policy on minors’ authority to consent to contraceptive services.
Maryland is one of the 23 states that allow all minors to consent to contraceptive services, without requiring them to get parental permission. According to vox.com, Maryland lawmakers want to make certain kinds of birth control- intrauterine devices (IUD’s) and implants - subject to parental approval. Reproductive health advocates say it’s part of a bigger push across the country that could jeopardize teen’s access to care.
State Del. Neil Parrott, a republican, proposed the bill after a mother said her daughter had contraceptive implant improperly inserted at a school-based health center. the implant caused the student pain and had to be removed, according to Baltimore’s WMAR-2 news. Parrott has said that the bill is necessary to keep parents informed about their children’s health.
But after Del. Parrott heard the Lambert family’s story, he decided to spearhead a change to his state’s law. In January, he and several co-sponsors introduced House Bill 53, which would require parental permission before minors in Maryland can get an IUD or contraceptive implant. Other forms of birth control, like the pill or patch, are not affected by the law.
Teenagers who are being abused or neglected may not have a safe parent to ask about birth control. Safety is not the only concern, requiring a teenager to get parent’s permission also increases the time the young person has to wait before getting the birth control which could pose health risks.
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