The fetus as person: Possible legal consequences of the Hogan-Helms Amendment.

PIP: This article enumerates the possible legal questions that would have to be faced should the Hogan-Helms amendment to the U.S. Constitution be passed. The purpose of the amendment is to make all abortions illegal; the fetus is defined as a human being "from the moment of conception." Beyond the problems of defing the "moment of conception" and of the amendment increasing the number of abortions performed illegally, dangerously, and expensively, the passing of the amendment would result in chaos in terms of constitutional law, criminal law, tort law, laws of property and inheritance, tax questions, immigration, and naturalization laws.^ieng

Bellotti v. Baird: A victory for minor's rights of reproductive choice.

PIP: The Supreme Courts's 1979 ruling in Bellotti vs. Baird held that mature minors have a right to make their own decisions about abortion. Both mature and immature minors must have the opportunity, through an alternative judicial or administrative procedure which must be prompt, expeditious and assure the minor's anonymity. The sole criterion for immature minors is what is in their best interest. The Bellotti decision reaffirmed Planned Parenthood of Central Missouri vs. Danforth decision that ruled state laws requiring all minors to have parental consent for abortion are unconstitutional. The Bellotti decision also reinforces the minor's right of access to contraception. The ruling allows states to establish procedures for determination of maturity of the minor but requires that the procedure be prompt. Nonlegal mechanism, e.g. physician's consent, may be the most suitable for preserving both family harmony and the rights of minors.^ieng

Sterilization regs: controversy continues.

PIP: Voluntary sterilization of competent adults is legal in all states in the United States at this time, and any effort by statute or by a public hospital to require spousal consent would be unconstitutional. The legal problems existing in connection with voluntary sterilization essentially involve the meaning of "informed consent" and how it can be obtained. Among the most important features of the new Department of Health, Education and Welfare sterilization regulations are the 30 day waiting period which must elapse between the date informed consent is given and the date the sterilization is performed; total prohibitions against sterilization of persons under age 31, mentally incompetent or institutionalized, and elaborate informed consent requirements. The regulations apply to programs or projects for health services which are supported in whole or in part by Federal financial assistance.^ieng

Minors' rights win recognition (in sex-related health care).

PIP: Minors are being recognized as having Constitutional rights, and this development is clearly evident in the area of sex-related health care. The Supreme Court has decided 3 major cases dealing with the rights of minors to sex-related health care. In a New York case the Court held that minors are entitled to purchase nonprescription contraceptives. In a Missouri case the Court held that minors, like adults, have a constitutional right of privacy with respect to abortion and that a blanket requirement of parental consent for a minor's abortion violates this basic right. In the 3rd case, the issue was the constitutionality of a Massachusetts statute which povided that an abortion could not be performed on an unmarried woman under the age of 18 without the consent of both her parents. Although it is now clear that parents do not have blanket veto power over their children's access to sex-related health care, the question remains as to whether they may have more limited rights - such as the right to be consulted or notified about their child's request for such care. The states of Maryland, Montana, and Utah have enacted laws requiring that parents be notified before an abortion is performed on a minor. Although none of these statutes has yet been tested in court, a similar legal issue was raised recently in Michigan, where minor children had been prescribed contraception without notification of the parents. The lower court has ruled in favor of the parents on 2 occasions, but the case is now being appealed. Many lawyers believe that any blanket requirement of parental notification will be held to violate minors' newly won Constitutional right of privacy.^ieng

Pregnancy, teenagers and the law, 1974.

PIP: In the last few years most states have reduced the age of majority from 21 to 18. In 1974, the right of an unmarried 18-year-old girl to consent for all areas of her own medical care, including birth control, has been recognized by 45 states and the District of Columbia. In 48 states and the District, 18-year-old unmarried girls may consent for most pregnancy-related health services and for abortion. No state forbids venereal disease treatment to unmarried 18-year-olds on their own consent. Teen-agers under 18 are still subject to the restriction of parental consent in many health-related areas, but the trend seems to be toward liberalization even in this area under the "mature minor doctrine." No doctor has been held liable for providing any health service to a minor over 15.^ieng