Functional Parenting and Dysfunctional Abortion Policy: Reforming Parental Involvement Legislation*

Abstract

Abortion‐related parental involvement mandates raise important family law issues about the scope of parents' power over their children's intimate decisions. While there has been extensive scholarly attention paid to the problems with parental involvement laws, relatively little has been said about strategies for reforming these laws. This article suggests using insights from family law relating to functional parenthood and third party caregiving as a basis for crafting more capacious methods of ensuring adult guidance for teenage girls facing an unplanned pregnancy. Recent developments in family law bolster the case for reforming parental involvement legislation to allow teenagers to consult with designated adults other than parents or judges. Enlisting other trusted members of the community to assist pregnant teenagers should assuage those who want to guarantee that adolescents consult with an adult in a time of crisis, while also protecting teenagers who reasonably fear discussing pregnancy with their parents. Key Points for the Family Court Community: Many scholars have noted that abortion‐related parental involvement mandates are in need of reform, but relatively little has been said about strategies for reforming these laws. Insights from family law relating to functional parenthood and third party caregiving provide a sound basis for reform, particularly by bolstering the case for rewriting parental involvement legislation to allow teenagers to consult with designated adults other than parents or judges. Enlisting other trusted members of the community to assist pregnant teenagers serves the dual goals of (i) assuaging those who want to guarantee that adolescents consult with an adult in a time of crisis, and (ii) protecting teenagers who reasonably fear discussing pregnancy with their parents.