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Parent versus child: H.L. v. Matheson and the new abortion litigation.

Paper examining the constitutionality of statutes that require notification of the parents of minors who seek abortions. Beginning with an historical analysis of recent Supreme Court decisions bearing on a minors right to privacy in abortion decisions a detailed examination of the H.L. v. Matheson decision is presented. The Court in Matheson approved of the parental notification requirement with respect to minors who do not assert exemption from the statutory mandate; it also indicated willingness to find the same statute unconstitutional as it applies to minors who believe that notice would not be in their best interests or that are sufficiently mature to make the decision independently. Interests likely to be asserted by states in defending future parental notification laws include promoting parental authority and discouraging teenage sexual activity. However the paper asserts that parental notification requirements present an unprecedented interference in intrafamily communication and relationships and may have serious consequences to the physical and emotional health of pregnant teenagers. Despite the states interests the law cannot force interpersonal relationships to develop or override a minors right to privacy. Future questions for the Court are which standards should be applied to determine whether a minor is mature for purposes of possible exemption from notification requirements and whether the requirement will be upheld for mature minors. The decision in Matheson will be of little effect since minors can presently claim exemption from coverage due to special circumstances an issue not yet litigated.