Minnesota Laws Affecting Abortion

State of Minnesota Parental Notification Law

A young woman under 18 may not obtain an abortion in Minnesota unless she has notified her parents of her decision, or has received permission from a judge. Once her parents have been notified, the minor may seek an abortion whether or not they consent.

There are three exceptions to parental notification:

1. the minor has secured a court order to bypass the notification requirement.
2. the minor has stated that she is a victim of sexual abuse, neglect or physical abuse; or
3. the minor is emancipated (please read the section that follows on emancipation).

When a minor schedules an abortion at Midwest, the receptionist will review her options for meeting the requirements of Minnesota law, whether she chooses to notify both of her parents or seeks permission from the court to have an abortion. In either case, her abortion can be completed in one visit.

The following section describes several options available for teens seeking abortions

In all cases the minor and her parents must supply an acceptable form of identification:

Teen patients: Driver's license (out of state OK), State ID (out of state OK), passport, visa, school ID or yearbook with clear photo.

Her parents: Driver's license (out of state OK), State ID (out of state OK), passport, visa, or other official ID including the adult's name and photo. If parent who is present is not biological/ adoptive parent but instead the patient's legal guardian, s/he must also bring court paperwork documenting her/his guardianship status.

Minors not going to court, and their parents, must follow one of the procedures outlined below.

1. Minor with both parents present at the clinic
   1. Both biological/adoptive parents must supply acceptable identification.
   2. Minor patient must supply acceptable identification.
2. Minor with one parent present and note from other parent
   1. Patient must bring signed note from absent parent stating absent parent is aware the patient is having an abortion. Their note must include the date of appointment, the name of our clinic, the patient's name, and the absent parent's signature.
   2. Parent who is present must bring acceptable identification.
   3. Patient must supply acceptable identification.
3. Minor with one parent present; other parent deceased/ whereabouts unknown
   1. Parent who is present must bring acceptable identification.
   2. The parent is required to sign a statement that the other parent is deceased or their whereabouts are unknown. This statement is witnessed and notarized by a clinic staff member.
   3. If parent who is present is not biological/ adoptive parent but is instead the patient's legal guardian, s/he must bring court paperwork documenting her/his guardianship status.
   4. Patient must supply acceptable identification.
4. Minor with neither parent present
   1. Patient must bring signed, NOTARIZED note(s) from BOTH parents stating that they are aware of their daughter's abortion. This can be one note signed by both parents or two separate notes - one from each parent. Note(s) must include the patient's name, the date of her appointment, the name of our clinic, and the absent parent's name.
   2. Some minor patients tell their parents about their decision to have an abortion, but the parents are unable to send a notarized statement or accompany their daughter to the clinic. In these cases, the clinic will send a certified letter/s, signed by the Executive Director, informing them of their daughter's appointment. Adequate time must be allowed before the abortion appointment for the certified letter to arrive.
   3. Patient must supply acceptable identification at her appointment.
5. Minor is emancipated

   Patient must either: already have a child, be married, or be legally emancipated.

   1. If patient has a child, she must show a copy of her child's birth certificate.
   2. If patient is married, she must show a copy of marriage certificate.
   3. If patient is legally emancipated from parents, she must show court emancipation papers.
   4. Patient must supply acceptable identification.

Court bypass is available to minor patients who cannot inform either parent of their decision to have an abortion. Midwest will call Hennepin County courts to set up the appointment for a minor patient. The patient's home address is information required by the court when the judicial bypass appointment is set.

The patient can expect to spend a combined total of six hours at the clinic and in court. She will begin the process with a medical work up and session with a patient advocate. Directions will be provided to the Hennepin County Government Center which is walking distance from the clinic. After the minor receives permission from the court to terminate her pregnancy, she will return to the clinic for her abortion.

For more information about mandatory parental consent and notification laws visit www.crlp.org/pub_fac_mandconsent.html.