MN Parental Notification Law

Minnesota’s Minors Parental Notification Law

What is this?

In 1981, the Minnesota legislature passed the Minnesota “Parental Notification Law” pertaining to abortion and persons under the age of eighteen. This Minnesota Statute may be found by following this link to 2012 Minnesota Statutes.   A young woman under the age of 18 may not obtain an abortion in Minnesota unless she has notified her parents of her decision, or has received permission from a judge to bypass the Minnesota Parental Notification Law.  Once her parents have been notified, the minor may seek an abortion whether or not they consent.

There are three exceptions to the Minnesota Parental Notification Law:

  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.
  3. The minor is emancipated.

If you are under 18 years of age and call to schedule an abortion, a WHC staff member will review your options for meeting the Parental Notification Law requirements.

Minnesota Parental Notification Law for Minors

If you are seeking an abortion in Minnesota and you are under the age of eighteen (18), you are required by law to do one of the following:

I.  MINORS NOT GOING TO COURT

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

A.  Minors with both parents present:

  1. Acceptable identification must be supplied by both biological/adoptive parents.
  2. Acceptable identification must be supplied by minor patient.

See examples of Acceptable Identification below.

B.  Minors with one parent present and note from other parent:

  1. Minor 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, Women’s Health Center of Duluth, the patients name and the absent parent’s  signature.
  2. Acceptable identification must be supplied by present parent
  3. Acceptable identification must be supplied by minor patient.

See examples of Acceptable Identification below.

C.  Minor with one parent present; other parent deceased/whereabouts unknown:

  1. If one parent is deceased, the present parent is required to produce a death certificate for verification.  If the other parent whereabouts is unknown, the statute states the present parent/legal gaurdian must prove that they cannot “through a reasonable and diligent effort” locate the other parent (See 2011 Minnesota Statute above).  In this case, please call WHC for further instructions.
  2. If the present parent is not biological/adoptive, but is instead the minor patient’s legal guardian, s/he must bring court paperwork documenting her/his gaurdianship status.
  3. Acceptable identification must be supplied by present parent.
  4. Acceptable identification must be supplied by minor patient.

See examples of Acceptable Identification below.

 

Acceptable Identification

  •  In all cases, the minor and her parents must supply an acceptable form of picture identification.
  • Minor patients may use a driver’s license, state ID, passport, visa, school ID or yearbook with clear photo.
  • Parents of the minor patient may use a driver’s license, state ID, passort, 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 minor patient’s legal guardian, s/he must also bring court paperwork documenting her/his guardianship status.

II.  MINORS GOING TO COURT

 

  1. If you choose not to tell one or both parents, you may go through a judicial bypass process to obtain permission.  This is a simple process that is free of charge.  For more information regarding this process, speak with a WHC staff member by calling 218-727-3352.
  2. Women’s Health Center of Duluth does not accept minor patients without one parent present, unless a *court judicial bypass has been obtained, the minor patient is emancipated, minor patient has her own child, or reports that she is a victim of sexual abuse, neglect or physical abuse, or a certified letter signed by the Executive Director of WHC informing both parents of their daughter’s appointment is sent within an adequate amount of time to notify parents.
  3. *Court bypass is available to minor patients who cannot inform either parent of their decision to have an abortion.  WHC staff will schedule an appointment at the St. Louis County Courthouse on the same day as the minor patient’s abortion appointment.  WHC staff will accompany the minor patient to court.  After the minor patient receives permission from the court to terminate her pregnancy without notifying both parents, she will return to the clinic for her abortion.
  4. Acceptable identification must be supplied by minor patient.

    EMANCIPATION:  To be considered emancipated in Minnesota the minor patient must either already have a child, be married, or be legally emancipated.

  • If your have had your own child, you do not need to notify your parents, but you must be able to furnish WHC with a certified copy of your child’s birth certificate.
  • If you are emancipated, you must furnish WHC with proof of emancipation (i.e. court emancipation papers, or, check stubs, rental agreement/receipts/utility statments in minor patient’s name).
  • If you are married, you do not need to notify your parents, but must show a copy of your marriage certificate.
  • Acceptable identification must be supplied by minor patient.

See examples of Acceptable Identification above.

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