Montana Supreme Court Finds Parental Consent Abortion Law for Minors Unconstitutional

Published on August 15, 2024

The Montana Supreme Court ruled on Wednesday that a state law requiring parental consent for minors to access abortion violates their right to privacy under the state constitution. Montana’s Parental Consent for Abortion Act has been held up in litigation since it passed in 2013. It requires girls under the age of 18 to obtain parental consent before seeking an abortion unless a judicial waiver is obtained. However, it does not stop a minor from seeking medical care or surgery related to her pregnancy or child. Justice Laurie McKinnon, writing the majority opinion, said the Consent Act’s classification imposed an undue burden on minors seeking abortions, violating “the fundamental right of a minor to control her body and destiny” as guaranteed by Article II, Section 10, of the Montana Constitution....

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