In re T.W., a Minor [12 October 1989]

Annu Rev Popul Law. 1989:16:41.

Abstract

PIP: The court held that Florida's parental consent for abortion statute violated the state constitution provision protecting the right to privacy. It ruled that state interests in protecting minors and preserving family unity were not sufficiently compelling to override a minor's right to privacy and that the statute was not the least intrusive means of furthering state interests. In particular, it pointed to a lack of provision in the statute for the appointment of a lawyer for the minor, for a record hearing, and for emergency or therapeutic abortions. On October 12, 1989 the California Court of Appeal upheld the granting of a preliminary injunction against the enforcement of California's parental consent statute. It agreed with the lower court that the state had not shown a compelling interest in protecting minors that would be served by enforcement of the statute (American Academy of Pediatrics v. Van de Kamp, 263 Cal. Rptr. 46).

Publication types

  • Legal Case

MeSH terms

  • Abortion, Induced*
  • Adolescent*
  • Age Factors
  • Americas
  • California
  • Demography
  • Developed Countries
  • Family Planning Services
  • Florida
  • Jurisprudence*
  • North America
  • Population
  • Population Characteristics
  • Third-Party Consent*
  • United States