State Laws and Policies
As of August 30, 2023

Minors’ Access to Prenatal Care

Over the past 30 years, states have expanded minors’ authority to consent to health care, including care related to sexual activity. The great majority of states and the District of Columbia currently allow a minor to obtain confidential prenatal care, including regular medical visits and routine services for labor and delivery. Some of these states, however, allow physicians to inform parents that their minor child is seeking or receiving services when they deem it in the best interests of the minor. In states that lack relevant policy or case law, physicians may commonly provide medical care to a mature minor without parental consent, particularly if the state allows minors to consent to related health services.

Highlights

  • 38 states and the District of Columbia have a law regarding a minor’s ability to access prenatal care.
    • 37 states and the District of Columbia explicitly allow some minors to consent to prenatal care.
      • 30 states and the District of Columbia allow all minors to consent to prenatal care.
      • 3 states require the minor to be of a specific age before they can consent to prenatal care.
      • 4 states allow a minor who is considered mature enough to understand the nature and consequences of the treatment to consent to prenatal care.
    • 1 state requires parental consent during all but one prenatal visit during the 2nd and 3rd trimesters; the minor may consent to prenatal care during the 1st trimester and for the first visit after the 1st trimester.
  • 15 of the above states allow, but do not require, physicians to inform parents that their minor child is seeking or receiving prenatal care when they deem it in the best interests of the minor.
  • 12 states have no explicit policy on minors’ authority to consent to prenatal care.

For more information

Topic

United States

Geography

Tags

confidentiality

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Minors' Access to Prenatal Care

STATE

MINOR MAY CONSENT

NO EXPLICIT POLICY

 

Under Law Specific to Prenatal Care

Requires Parental Consent for Most of a Minor's Prenatal Care During the 2nd and 3rd Trimesters, Minor May Consent to Care During the 1st Trimester and for the First Visit After the 1st Trimester

Physician May Inform Parents

Alabama

X

 

 

 

Alaska

X

 

 

 

Arizona

 

 

 

X

Arkansas

X

 

 

 

California

X

 

 

 

Colorado

X

 

 

  

Connecticut

 

 

 

X*

Delaware

12 years

 

X

 

Dist. of Columbia

X

 

 

 

Florida

X

 

 

 

Georgia

X

 

 

 

Hawaii

14 years

 

X

 

Idaho

X†​

 

 

 

Illinois

X†​

 

 

 

Indiana

 

 

 

X*

Iowa

 

 

 

X*

Kansas

Mature minor

 

 

 

Kentucky

X

 

X

 

Louisiana

 

 

 

X*

Maine

X 

 

X

 

Maryland

X

 

X

 

Massachusetts

X‡​

 

 

 

Michigan

X

 

X

 

Minnesota

X

 

X

 

Mississippi

X

 

 

 

Missouri

X

 

X

 

Montana

X

 

X

 

Nebraska

 

 

 

X

Nevada

Mature minor† or married minor

 

 

 

New Hampshire

Mature minor†​

 

 

 

New Jersey

X

 

X

 

New Mexico

X

 

 

 

New York

X

 

 

 

North Carolina

X

 

X

 

North Dakota

 

X

X

 

Ohio

 

 

 

X

Oklahoma

X

 

X

 

Oregon

X

 

X

 

Pennsylvania

X

 

 

 

Rhode Island

 

 

 

X

South Carolina

16 years†​ or mature minor

 

 

 

South Dakota

 

 

 

X*

Tennessee

X

 

 

 

Texas

X

 

X

 

Utah

X

 

 

 

Vermont

 

 

 

X*

Virginia

X

 

 

 

Washington

X

 

 

 

West Virginia

Mature minor*

 

 

 

Wisconsin

 

 

 

X

Wyoming

 

 

 

X*

TOTAL

37  + DC

1

15

12

*    State does not have a policy explicitly allowing unmarried minors to consent to prenatal care; the state does have a general law that gives married minors the same rights as adults. In West Virginia the married minors law only applies to minors at least 16 years old.
†     State policy does not specifically address prenatal care but applies to medical care in general.
‡    Parent must be notified if the minor's life or health is at risk.

 

The information provided on this website is not intended to, and does not, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. We encourage anyone with legal questions to contact a licensed attorney.

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