Over the past 30 years, states have expanded minors’ authority to consent to health care, including care related to sexual activity. This trend reflects the 1977 U.S. 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. It also reflects the recognition that while parental involvement is desirable, many minors will remain sexually active but not seek services if they have to tell their parents. As a result, confidentiality is vital to ensuring minors’ access to contraceptive services. 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.
Minors' Access to Contraceptive Services | |||||||
STATE | EXPLICITLY ALLOWS ALL MINORS TO CONSENT TO SERVICESξ | EXPLICITLY AFFIRMS CERTAIN MINORS MAY CONSENT TO SERVICES_ | NO EXPLICIT POLICYξ | ||||
Health | Married | Parent | Pregnant or Ever Pregnant | Other | |||
Alabama |
|
| X* | X* | X* | HS graduate* or 14 years* |
|
Alaska | X |
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|
|
|
|
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Arizona | X |
|
|
|
|
|
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Arkansas | X |
|
|
|
|
|
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California | X |
|
|
|
|
|
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Colorado | X |
|
|
|
|
|
|
Connecticut |
|
| X† |
|
|
|
|
Delaware |
|
|
|
|
| 12 years‡ |
|
Dist. of Columbia | X |
|
|
|
|
|
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Florida |
| X | X | X | X |
|
|
Georgia | X |
|
|
|
|
|
|
Hawaii |
|
|
|
|
| 14 years‡ |
|
Idaho | X |
|
|
|
|
|
|
Illinois |
| X | X | X | X | Referral |
|
Indiana |
|
| X† |
|
|
|
|
Iowa | X |
|
|
|
|
|
|
Kansas |
|
|
|
|
| Mature minor |
|
Kentucky | X‡ |
|
|
|
|
|
|
Louisiana |
|
| X† |
|
|
|
|
Maine | X‡ |
|
|
|
|
|
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Maryland | X‡ |
|
|
|
|
|
|
Massachusetts | XΩ |
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|
|
|
|
|
Michigan |
|
| X† |
|
|
|
|
Minnesota | X‡ |
|
|
|
|
|
|
Mississippi |
|
| X | X |
| Referral |
|
Missouri |
|
| X† |
|
|
|
|
Montana | X‡ |
|
|
|
|
|
|
Nebraska |
|
| X† |
|
|
|
|
Nevada | X |
|
|
|
|
|
|
New Hampshire |
|
|
|
|
| Mature minor* |
|
New Jersey |
|
| X* |
| X* |
|
|
New Mexico | X |
|
|
|
|
|
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New York | XΩ |
|
|
|
|
|
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North Carolina | X |
|
|
|
|
|
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North Dakota |
|
|
|
|
|
| X |
Ohio |
|
|
|
|
|
| X |
Oklahoma |
|
| X‡ |
| X‡ |
|
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Oregon | X‡ |
|
|
|
|
|
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Pennsylvania | X |
|
|
|
|
|
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Rhode Island |
|
|
|
|
|
| X |
South Carolina |
|
| X† |
|
| 16 years or Mature minor |
|
South Dakota |
|
| X† |
|
|
|
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Tennessee | X |
|
|
|
|
|
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Texas |
|
| X† |
|
| Φ |
|
Utah |
|
| X† |
|
| Φ |
|
Vermont | X |
|
|
|
|
|
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Virginia | X |
|
|
|
|
|
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Washington | X |
|
|
|
|
|
|
West Virginia |
|
| X† |
|
| Mature Minor |
|
Wisconsin |
|
|
|
|
|
| X |
Wyoming | XΩ |
|
|
|
|
|
|
TOTAL | 25 + DC | 2 | 17 | 4 | 5 | 9 | 4 |
ξ US Supreme Court rulings have extended privacy rights to include a minor's decision to obtain contraceptives. |