Planned Parenthood of Southeastern Pennsylvania v. Casey
Massachusetts's Abortion Consent Act
In 1974, the chief legislative body in Massachusetts passed an abortion consent act that became part of the commonwealth's legal code. The law states in part that a doctor cannot perform an abortion without written consent from the pregnant patient. The consent form should be in simple-to-understand language and contain information regarding the procedure the physician will have to perform in order to end the pregnancy, possible complications associated with the procedure, and available alternatives to abortion.
The act further provides that, if the pregnant woman is under 18 years of age, both she and her parents must sign the consent form. Finally, in a change adopted in 1980, the law permits a pregnant teen who cannot gain the consent of her parents, or elects not to seek it, to petition a judge to make such a determination.
Planned Parenthood opposed the informed-consent requirement in the state case of Planned Parenthood of Massachusetts v. Belotti (1987). As a result of its victory, the state struck down a requirement of a 24 hour waiting period before a woman signs a consent form, as well as a requirement that the physician inform the pregnant woman of the stage of the unborn child's development before terminating the pregnancy.
Additional topics
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1989 to 1994Planned Parenthood of Southeastern Pennsylvania v. Casey - Significance, Win Some, Lose Some, The Dark Horse, Massachusetts's Abortion Consent Act