Cited by 31Reproductive Health and ContraceptionAdolescent Sexual and Reproductive HealthEthics and Legal Issues in Pediatric Healthcare

Massachusetts’ parental consent law and procedural timing among adolescents undergoing abortion

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Janiak, Elizabeth, Fulcher, Isabel R., Cottrill, Alischer A., Tantoco, Nicole, Mason, Ashley H., Fortin, Jennifer, Sabino, Jamie, Goldberg, Alisa B.·2019·Obstetrics & Gynecology

Abstract

OBJECTIVE: To describe individual-level delay in obtaining abortion associated with use of the Massachusetts judicial bypass system, which legal minors (aged 17 years or younger) use to obtain abortion without consent of a parent or legal guardian in the setting of Massachusetts' parental consent law for abortion. METHODS: We conducted a retrospective cohort study of 2,026 abortions among minors at a large, statewide network of abortion clinics between 2010 and 2016. Delay was defined as the number of calendar days between the minor's first call to the clinic to schedule an abortion, and the day the abortion was received. RESULTS: In the study population, 1,559 (77%) abortions were obtained with parental consent and 467 (23%) using judicial bypass. Abortions after judicial bypass were more common among minors identifying as Hispanic, non-Hispanic black, or other race, those of low socioeconomic status (as indicated by having Medicaid insurance) and those with a prior birth or prior abortion (all P<.05). Minors with parental consent received their abortion a mean of 8.6 days after initial contact, compared with 14.8 days for minors with judicial bypass, for an unadjusted difference of 6.1 days. In multivariable linear regression modeling adjusting for demographic differences between groups, this difference persisted: minors who obtained abortions after judicial bypass had a significantly greater delay compared with those with parental consent (adjusted mean difference = 5.2 days; 95% CI 4.3 to 6.2). Using multivariable logistic regression modeling, minors with judicial bypass also had higher odds of becoming ineligible for medication abortion between the day of first call and the day of procedure (adjusted odds ratio 1.57; 95% CI 1.09 to 2.26). CONCLUSION: Massachusetts' parental consent law for abortion is associated with delay among minors and thereby may constrain the clinical options available to them.

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  1. [2]Bellotti v. Baird, 443 U.S. 622; 1979. 12038369
  2. [7]National Academies of Sciences, Engineering, and Medicine. The safety and quality of abortion care in the United States. Washington, DC: The National Academies Press; 2018. 29897702
  3. [10]Dennis A Henshaw SK Joyce TJ Finer LB Blanchard K The impact of laws requiring parental involvement for abortion: a literature review. New York (NY): Guttmacher Institute; 2009.
  4. [16]Consent to abortion, forms, persons less than 18 years of age. Massachusetts General Laws Chapter 112, Section 12s; 1977.
  5. [42]Silverstein H Girls on the stand: how courts fail pregnant minors. New York (NY): New York University Press; 2009.

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Authors
Janiak, E., Fulcher, I. R., Cottrill, A. A., Tantoco, N., Mason, A. H., Fortin, J., Sabino, J., & Goldberg, A. B.
Affiliations
Brigham and Women's Hospital (US)
Corresponding author
Janiak, Elizabeth
Venue
Obstetrics & Gynecology
Published
2019-05
Volume
133
Issue
5
Pages
978-986
ISSN
0029-7844 (ISSN-L)
OpenAlex
W2981521874
Cited by
31
References
29
Citations by year
2026: 1 · 2025: 7 · 2024: 2 · 2023: 6 · 2022: 5 · 2021: 4 · 2020: 6
FWCI
3.45
Type
journal article
Language
en
Open access
Locations
  • Obstetrics and Gynecology (publishedVersion, cc-by-nc-nd)
  • Europe PMC (PubMed Central) (publishedVersion, cc-by-nc-nd)
  • PubMed Central (publishedVersion, cc-by-nc-nd)
  • PubMed (publishedVersion)
  • Lirias (KU Leuven) (submittedVersion, cc-by-nc-nd)
Topics
  • Health Sciences › Medicine › Public Health, Environmental and Occupational Health › Reproductive Health and Contraception
  • Health Sciences › Health Professions › General Health Professions › Adolescent Sexual and Reproductive Health
  • Health Sciences › Medicine › Pediatrics, Perinatology and Child Health › Ethics and Legal Issues in Pediatric Healthcare
Keywords
adolescent abortion, judicial bypass, minors, Medicaid, racial and ethnic disparities
MeSH terms
Abortion, Legal, Adolescent, Female, Humans, Massachusetts, Pregnancy, Pregnancy in Adolescence, Retrospective Studies, Cohort Studies, Minors, Parental Consent, Time-to-Treatment

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