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This is the third volume in the three volume collection Children and the Law. Volume three, Child v.s. State, explores the rights of children against the state. Areas treated in this volume include freedom of speech, (the restriction of newspapers, music, arm-bands, etc.) the right of a minor to refuse medical treatment, and a minor's right to contraception and abortion with ad without parental consent. This volume also includes the rights of minors to separate from their legal parents; the rights of children to know their biological parents in the case of adoption; and the rights of children resisting repatriation to relatives outside the United States.
A cross-cultural analysis of the abortion issue in the United States and Canada. The book focuses on: the judicial, legislative and executive branches; public opinion and interest groups; federal agencies; and the roles of subnational authorities and the health care sectors.
Court of Appeal Case(s): A040856
Includes: topical index alphabetical case index, federal rules index, and a synopsis section.
The question of whether a young woman should be allowed to terminate a pregnancy without her parents' knowledge has been one of the most contentious issues of the post Roe v. Wade era. Parental involvement laws reach to the core of the parent-teen relationship in the highly contested realm of adolescent sexuality. This is the first book to examine in thorough detail the decision-making experiences of teens considering abortion. Shoshanna Ehrlich evaluates the Supreme Court's efforts to reconcile the historically based understanding of teens as dependent persons in need of protection with a more contemporary understanding of them as autonomous individuals with adult-like claims to constitutional recognition. Arriving at a compromise, the Court has made clear that, like adult women, teens have a protected right of choice, but that states may impose a parental involvement requirement. However, so that parents are not vested with veto power over their daughters' decisions, young women must be allowed to seek a waiver of the requirement. Integrating a wealth of social science literature, including in-depth interviews with 26 young women from Massachusetts who obtained court authorization for an abortion, the book raises important questions about the logic of a legal approach that requires young women to involve adults when they seek to terminate a pregnancy, but that allows them to make a decision to become mothers on their own.