The abortion decision differs in important ways from other decisions facing minors, and the State is required to act with particular sensitivity when it legislates to foster parental involvement in this matter. Rights of children cannot be equated with those of adults: the peculiar vulnerability of children their inability to make critical decisions in an informed, mature manner and the importance of the guiding role of parents in the upbringing of their children. There are three reasons justifying the conclusion that the constitutional Following the Supreme Judicial Court's judgment, the District Court again declared the statute unconstitutional and enjoined its enforcement. The Supreme Judicial Court answered in the affirmative. Another question certified was whether, if the superior court finds that the minor is capable of making, and has, in fact, made and adhered to, an informed and reasonable decision to have an abortion, the court may refuse its consent on a finding that a parent's, or its own, contrary decision is a better one. The Supreme Judicial Court answered that, in general, it does not that consent must be obtained for every nonemergency abortion unless no parent is available and that an available parent must be given notice of any judicial proceedings brought by a minor to obtain consent for an abortion. Among the questions certified was whether the statute permits any minors - mature or immature - to obtain judicial consent to an abortion without any parental consultation whatsoever. On remand, the District Court certified several questions to the Supreme Judicial Court. , holding that the District Court should have abstained and certified to the Massachusetts Supreme Judicial Court appropriate questions concerning the meaning of the statute. Subsequently, this Court vacated the District Court's judgment, Bellotti v. If one or both parents refuse such consent, however, the abortion may be obtained by order of a judge of the superior court "for good cause shown." In appellees' class action challenging the constitutionality of the statute, a three-judge District Court held it unconstitutional.
Baird et al., also on appeal from the same court.Ī Massachusetts statute requires parental consent before an abortion can be performed on an unmarried woman under the age of 18. The Role of Consent Orders in Civil Litigation - .BELLOTTI v.
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