Montana Supreme Court Finds Parental Consent Abortion Law for Minors Unconstitutional

The Montana Supreme Court ruled that a state law requiring parental consent for minors to access abortion violates their right to privacy under the state constitution. The Montana Parental Consent for Abortion Act, passed in 2013, has been held up in litigation. It requires girls under 18 to obtain parental consent for abortion unless a judicial waiver is obtained. However, it does not apply to medical care or surgery related to pregnancy. The court ruled that the Act imposes an undue burden on minors seeking abortions, violating their fundamental rights. The decision does not affect a separate law requiring parents to be notified when their underage child seeks an abortion. Abortion has been recognized as a right under Montana’s constitution since 1999, allowing abortions until fetal viability.

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