Minors’ Access to Prenatal Care

August 30, 2023

Over the past 30 years, states have expanded minors’ authority to consent to health care, including care related to sexual activity. The great majority of states and the District of Columbia currently allow a minor to obtain confidential prenatal care, including regular medical visits and routine services for labor and delivery. Some of these states, however, allow physicians to inform parents that their minor child is seeking or receiving services when they deem it in the best interests of the minor. In states that lack relevant policy or case law, physicians may commonly provide medical care to a mature minor without parental consent, particularly if the state allows minors to consent to related health services.

Highlights

38 states and the District of Columbia have a law regarding a minor’s ability to access prenatal care.
- 37 states and the District of Columbia explicitly allow some minors to consent to prenatal care.
  - 30 states and the District of Columbia allow all minors to consent to prenatal care.
  - 3 states require the minor to be of a specific age before they can consent to prenatal care.
  - 4 states allow a minor who is considered mature enough to understand the nature and consequences of the treatment to consent to prenatal care.
- 1 state requires parental consent during all but one prenatal visit during the 2nd and 3rd trimesters; the minor may consent to prenatal care during the 1st trimester and for the first visit after the 1st trimester.
15 of the above states allow, but do not require, physicians to inform parents that their minor child is seeking or receiving prenatal care when they deem it in the best interests of the minor.
12 states have no explicit policy on minors’ authority to consent to prenatal care.

Current Policy Status Table

Minors' Access to Prenatal Care
STATE	MINOR MAY CONSENT			NO EXPLICIT POLICY
	Under Law Specific to Prenatal Care	Requires Parental Consent for Most of a Minor's Prenatal Care During the 2^nd and 3^rd Trimesters, Minor May Consent to Care During the 1^st Trimester and for the First Visit After the 1^st Trimester	Physician May Inform Parents	NO EXPLICIT POLICY
Alabama	X
Alaska	X
Arizona				X
Arkansas	X
California	X
Colorado	X
Connecticut				X^*
Delaware	12 years		X
Dist. of Columbia	X
Florida	X
Georgia	X
Hawaii	14 years		X
Idaho	X^†
Illinois	X^†
Indiana				X^*
Iowa				X^*
Kansas	Mature minor
Kentucky	X		X
Louisiana				X^*
Maine	X		X
Maryland	X		X
Massachusetts	X^‡
Michigan	X		X
Minnesota	X		X
Mississippi	X
Missouri	X		X
Montana	X		X
Nebraska				X
Nevada	Mature minor^†or married minor
New Hampshire	Mature minor^†
New Jersey	X		X
New Mexico	X
New York	X
North Carolina	X		X
North Dakota		X	X
Ohio				X
Oklahoma	X		X
Oregon	X		X
Pennsylvania	X
Rhode Island				X
South Carolina	16 years^† or mature minor
South Dakota				X^*
Tennessee	X
Texas	X		X
Utah	X
Vermont				X^*
Virginia	X
Washington	X
West Virginia	Mature minor^*
Wisconsin				X
Wyoming				X^*
TOTAL	37 + DC	1	15	12
* State does not have a policy explicitly allowing unmarried minors to consent to prenatal care; the state does have a general law that gives married minors the same rights as adults. In West Virginia the married minors law only applies to minors at least 16 years old. † State policy does not specifically address prenatal care but applies to medical care in general. ‡ Parent must be notified if the minor's life or health is at risk.