Monday, 10 Mar 2025

Montana AG asks Supreme Court to uphold law requiring parental consent for a minor's abortion

Montana AG Austin Knudsen petitioned the U.S. Supreme Court to uphold a parental consent law for minors' abortions that his state's high court struck down last year.


Montana AG asks Supreme Court to uphold law requiring parental consent for a minor's abortion
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The law also includes a judicial bypass provision, allowing minors to seek court approval for an abortion without parental consent.

The court acknowledged parents have a right to direct the care and custody of their children but determined those rights don't override the "fundamental" right of a minor child to seek an abortion.

Justice Laurie McKinnon, writing for the Montana Supreme Court, said "a minor's right to control her reproductive decisions is among the most fundamental of the rights she possesses" and that the state failed to demonstrate a compelling need for the law to protect minors, Reuters reported at the time.

The case highlights the ongoing debate over parental authority after the Dobbs v. Jackson Women's Health Organization decision.

"SCOTUS should hear the case and reverse the radical Montana Supreme Court's bad decision allowing minors to receive abortions without parental consent," Knudsen said in a statement to Fox News Digital.

The outcome could have broad implications for abortion access and parental consent laws nationwide because several states have passed "shield laws" recently, protecting medical providers from legal fallout for performing gender transition surgeries and abortions on minors.

For Knudsen's case to be heard before the court, at least four justices must agree to review it.

Fox News Digital has reached out to Planned Parenthood Montana for comment.

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