Hastings Law Journal
In 1987, California enacted legislation that mandates parental involvement in pregnant minors' abortion decisions. California's Parental Consent Statute requires unemancipated minor women to obtain the consent of one parent for an abortion, but provides a judicial bypass alternative for mature minors or those whose best interests are served by a confidential abortion. While this statute appears to comply with federal constitutional standards, this Note argues that the statute cannot withstand the stricter scrutiny of California constitutional law. The Note finds the statute vulnerable to California constitutional attack under two theories: (1) because it gives a third party absolute veto power over a minor's abortion decision; and (2) because it creates an unconstitutional burden on a minor's right to exercise procreative choice that cannot be justified as advancing any significant state interests.
Theresa M. Walker,
California's Parental Consent Statute: A Constitutional Challenge,
40 Hastings L.J. 169
Available at: https://repository.uchastings.edu/hastings_law_journal/vol40/iss1/5