Montana AG asks Supreme Court to uphold law requiring parental consent for a minor’s abortion
Montana Attorney General Austin Knudsen is taking his appeal of a ruling invalidating a 2013 law requiring minors seeking an abortion to obtain notarized written consent from a parent or guardian to the U.S. Supreme Court. The law, known as the Parental Consent for Abortion Act, also includes a judicial bypass provision allowing minors to seek court approval for an abortion without parental consent.
The Montana Supreme Court struck down the law in 2024, citing a violation of a minor’s fundamental right to privacy under the state constitution by conditioning access to abortion on parental consent. The court recognized parents’ rights to direct the care and custody of their children but determined that those rights do not override a minor child’s fundamental right to seek an abortion.
In his appeal, Knudsen is asking the U.S. Supreme Court to address whether parental rights include the ability to participate in decisions about a minor child’s medical care, including abortion. The case has sparked debate over parental authority following the Dobbs v. Jackson Women’s Health Organization decision.
Knudsen believes that the Supreme Court should hear the case and reverse the Montana Supreme Court’s decision, stating that a child’s right to privacy does not supersede a parent’s fundamental right to direct the care and upbringing of their child. He argues that without clarity from the Supreme Court, the health and safety of young Montanans seeking abortions are at risk.
The outcome of this case could have far-reaching implications for abortion access and parental consent laws across the country, especially as several states have recently passed laws protecting medical providers from legal consequences for performing gender transition surgeries and abortions on minors.
To have the case heard before the U.S. Supreme Court, at least four justices must agree to review it. Fox News Digital has reached out to Planned Parenthood Montana for comment on the case.
In conclusion, the appeal by Montana Attorney General Austin Knudsen to the U.S. Supreme Court regarding the Parental Consent for Abortion Act highlights the ongoing debate over parental authority in decisions regarding minors’ medical care. The outcome of this case could have significant implications for abortion access and parental consent laws nationwide. Stay tuned for updates on this important legal battle.
