6 0 obj 31 0 obj endobj Thank you and the best of luck to you on your LSAT exam. endobj Because the statute balances parental interest in raising their children with the unique situation of a pregnant minor seeking an abortion, the statute is constitutional. 1 dicial pronouncements and scholarly treatises.' 36 0 obj 25 0 obj 443 U.S. 622, 99 S. Ct. 3035, 61 L. Ed. May a State condition a minor woman’s right to an abortion on parental consent? In the statute at bar, the State provides a “safety valve” of allowing a judicial determination instead of parental consent. The Supreme Court of the United States (Supreme Court) had previously held that an absolute parental veto over a minor’s decision to terminate her pregnancy was unconstitutional.

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Abortion Decisions of the United States Supreme Court: The 1970s. Mnookin, Robert H. 1985. Fundamental Fights Under Due Process And Equal Protection, 14,000 + case briefs, hundreds of Law Professor developed 'quick' Black Letter Law. 1993. Facts of the Case endobj They argued that the law violated due process and equal protection, and the lower court agreed. If unable to do so, a superior court judge may issue a consent order. <>stream <>8]/P 19 0 R/Pg 36 0 R/S/Link>> Mnookin, Robert H., and D. Kelly Weisberg, eds. 1995. 1 0 obj <>29]/P 23 0 R/Pg 36 0 R/S/Link>> <> <>stream Alleging that the law created an undue burden for minors seeking abortions, opponents of the law brought a "test-case" class-action suit in the Federal District Court of Massachusetts to enjoin the operation of the statute. Encyclopedia of Children and Childhood in History and Society. A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email A Massachusetts law required an unmarried minor woman to get consent from both her parents before procuring an abortion. 48 0 obj 1987. Bellotti v. Baird, 443 U.S. 622 (1979), is a United States Supreme Court case that ruled 8-1 that teenagers do not have to secure parental consent to obtain an abortion.. 3 0 obj Abortion: The Supreme Court Decisions, 1965-2000, 2d ed. AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 Shapiro, Ian, ed. Discussion. 2001.

2001. endobj

The Court elaborated on its parental consent decision of 1976. 14 0 obj

Lexington, MA: D.C. Heath and Company. According to the decision in Bellotti v. Baird, a state can require a minor to obtain consent to undergo an abortion, but it cannot solely require parental consent.

Prince 12.5 (www.princexml.com) Subsequently, this Court vacated the District Court's judgment, Bellotti v. Baird, 428 U.S. 132, holding that the District Court should have abstained and certified to the Massachusetts Supreme Judicial Court appropriate questions concerning the meaning of the statute.
<>1]/P 6 0 R/Pg 36 0 R/S/Link>> Title U.S. Reports: Bellotti v. Baird, 443 U.S. 622 (1979). Citation443 U.S. 622, 99 S. Ct. 3035, 61 L. Ed.

Both mature and immature minors must have the opportunity, through an alternative judicial or administrative procedure which must be … uuid:4513117d-af5d-11b2-0a00-901289010000 <>/MediaBox[0 0 612 792]/Parent 9 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> endstream [35 0 R 38 0 R 40 0 R 42 0 R 43 0 R 44 0 R 45 0 R 46 0 R 47 0 R] See also: Adolescence and Youth; Children's Rights; Law, Children and the; Teenage Mothers in the United States. Held. Unlock your Study Buddy for the 14 day, no risk, unlimited use trial. Contributor Names Powell, Lewis F., Jr. (Judge) Supreme Court of the United States (Author) endobj If unable to do so, a superior court judge may issue a consent order. 30 0 obj %PDF-1.7 %���� The 1974 Massachusetts law in question required an unmarried, pregnant minor to provide proof of her consent and her parents' consent to obtain an abortion.
<>12]/P 20 0 R/Pg 36 0 R/S/Link>> As Robert H. Mnookin and D. Kelly Weisberg have suggested, Justice Powell's plurality opinion sets forth guidelines to assist states in determining the extent to which a state can permissibly limit a minor's right to an abortion. <>16]/P 20 0 R/Pg 36 0 R/S/Link>> Yes.

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According to the decision in Bellotti v. Baird,a state can require a minor to obtain consent to undergo an abortion, but it cannot solely require parental consent. Children and the Law in a Nutshell. The Rights of the Child and the Changing Image of Childhood. <>3]/P 6 0 R/Pg 36 0 R/S/Link>> In Bellotti v. Baird,2 the United States Supreme Court reaffirmed a prior deci- sion that a minor has the right to seek an abortion and may do so A minor’s right to an abortion may be conditioned on parental consent, as long as there is an alternative procedure provided by the State.

The Court stated that persons under age eighteen are not without constitutional protection; however, their constitutional rights and individual liberty must be balanced against considerations such as a minor's possible inability to make an informed decision and the important parental role of child rearing.

<> This legal action reached the U.S. Supreme Court in 1976, but the Court declined to consider the merits of the case because of a procedural error. endobj In a decision that recognized that minors can possess the competency and maturity to make the important decision of whether to obtain an abortion, the Court ruled that a state law can require a pregnant, unmarried minor to obtain parental consent for an abortion if the law also provides a bypass procedure that allows her to obtain judicial permission for the abortion without parental notification. Children's Rights and the Law. In Bellotti v. Baird (Bellotti II), the Supreme Court addressed the issue of whether a dependent, unmarried minor can be required to obtain parental consent before undergoing an abortion. Please check your email and confirm your registration.


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