Maxwell asked in Politics & GovernmentPolitics · 8 years ago

Why aren't medical informed consent laws enforced when it comes to abortion?

As a minor you cannot give informed consent in the US.

This means you cannot consent to undergo medical procedures because you are not "mature" enough to understand the associated risks, weigh the risk/reward and consent to the procedure. So you have to get a parent or guardian to consent on your behalf...that is the law.

EXCEPT for abortion. Wherein children are allowed to consent to abortions which do carry medical risks.

Heck, years ago when I was 16 I had to call my parents to give a doctor permission to give me a few stitches...but today a child can go get an abortion with anyone knowing.

Why is this ONE medical procedure exempt from laws meant to protect people from injury?

(and before you make arguments about how if the parents are told kids won't get abortions, that is irrelevant because accepting the risk associated with the procedure you want still exists, even if you are embarrassed)

Update:

@scottb

well obviously the medical staff at the clinic knows...but the child's family doesn't have to be informed in any way. (I'm not sure that is all 50 states...but in some of them that is the reality)

Update 2:

@NERO

"fairness" doesn't really come onto the scope of medical informed consent laws.

You don't get to accept dangers of death or serious injury that you do not understand because of "unfairness".

You can't get a tooth pulled without giving INFORMED consent. And a minor by law cannot give informed consent. Yet there seems to be a loophole in the laws that let minors undergo this particular medical procedure, which carries risks including infection, death, becoming sterile etc etc.

A child cannot legally accept those risks and consent to the procedure. Yet it is allowed to happen.

Update 3:

@SMKELLER

Thanks for the stats.

So I guess my question is more specifically, why are medical informed consent laws bypassed in those two states and in DC?

Update 4:

@ABITLEFT

Excellent point you raised

In these two states with no restrictions on minors and abortion....a child can be to young to legally consent to having sex, but it suddenly allowed to undergo a procedure that could cause life long physical problems...

8 Answers

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  • 8 years ago
    Favorite Answer

    At least at one time, a minor had to go to a judge to get permission if she did not want to involve the parents. Is that no longer true?

    I'm pro-choice, but I do think there needs to be a step between the child and the abortion, whether the parent or the judge. However, I also think that the age of consent to sex would be the age where that step was removed. And if the child is pregnant at a younger age, do you think the law should step in and arrest the girl and boy based on violation of the age-of-consent laws?

    And to what extent should both sets of parents be held accountable, given the penchant to sexualize children at a younger and younger age: ads, pageants, video games, TV, music, clothing lines for kid, etc.?

  • 8 years ago

    The problem with abortion is that it has to be an exception to the rule.

    Abortion is one of those controversial things where parents will often put their own religion and their own beliefs above the welfare and health of their own children.

    As in they might harm their child or kick that child out of the house if they find out the child is pregnant or seeking an abortion.

    There's also outside problems. Such as the child may have sexually abusive parents/relatives, and telling the parents or anyone could mean big trouble for the child. There are parents who will hide that a relative, friend of the family, etc, sexually abuses their children.

    In many cases, it's simply looking out for the child's best interest not to seek parental consent.

  • 8 years ago

    Abortion:

    2 states and the District of Columbia explicitly allow all minors to consent to abortion services.

    22 states require that at least one parent consent to a minor’s abortion, while 11 states require prior notification of at least one parent.

    4 states require both notification of and consent from a parent prior to a minor’s abortion.

    6 additional states have parental involvement laws that are temporarily or permanently enjoined. 5 states have no relevant policy or case law.

  • 8 years ago

    "but today a child can go get an abortion with anyone knowing"

    I don't know where you got THAT idea, but it is flat out false.

  • How do you think about the answers? You can sign in to vote the answer.
  • Because liberals want no limits on it whatsoever.

  • That's liberal politics for you.

    Their war on babies overcomes medical ethics.

  • Anonymous
    8 years ago

    kmj

  • 8 years ago

    Money!!!!!

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