Human Rights Watch (HRW) issued a stark warning regarding state laws that mandate parental notification when a minor seeks an abortion. In their latest report, "Whose Abortion Is It? The Harms of State-Mandated Parental Notification for Abortion and Judicial Bypass in the United States," HRW highlights the unintended consequences these laws impose on young people's autonomy and access to healthcare.

The report criticizes the notion that parental notification is a benign prerequisite, arguing that it often equates to an indirect form of consent. "This ostensibly lighter requirement can, in effect, allow parents to veto a young person’s decision by leveraging financial or emotional pressure, restricting movement, or controlling access to necessary resources," the report states. Such dynamics can severely obstruct a minor's ability to procure abortion care, even if the law only demands notification and not explicit consent.

HRW, alongside legal and healthcare experts from If/When/How, conducted interviews with 62 professionals across six states that currently implement a judicial bypass process but only require parental notification. Their findings reveal that the judicial bypass, intended as a legal recourse for minors facing parental opposition, often delays and complicates access to abortion, sometimes posing insurmountable hurdles.

Amidst these challenges, the report urges lawmakers in states with parental notification laws to consider repealing these mandates to better uphold the rights of young individuals making critical decisions about their bodies and futures. This call comes in the context of the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization, which has led to an increased demand for abortion services, burdening clinics and exacerbating the obstacles faced by minors seeking abortions.

Currently, thirty-eight states require some form of parental involvement in a minor’s abortion decision, with exceptions in place for emancipated minors in states like Colorado, Delaware, Georgia, Iowa, Montana, and New Hampshire. Specific exemptions also exist for minors who are victims of abuse by a parent or guardian in Colorado, Iowa, and Montana.

The push by HRW and other rights organizations to dismantle parental notification laws is part of a broader effort to ensure safe and accessible abortion care for all individuals, regardless of age, and to affirm the rights of young people in making autonomous health decisions.